[R.O. 2012 § 601.010; Ord. No.
282 § 1, 1-20-2004]
A.
No person in the City of Kimberling City shall use, sell,
manufacture, distribute or dispose of any cleaning agent containing
phosphorus, expressed as elemental phosphorus, including synthetic
detergents or detergents manufactured for use as laundry or dishwashing
detergents, nor shall any person connected to the Kimberling City
sewer system put the residue from the use of such products into the
Kimberling City sewer system except as provided below:
1.
Exemptions.
a.
This Chapter does not apply to a cleaning agent
that is:
(1)
Used in dairy, beverage or food
processing cleaning equipment;
(2)
Used as sanitizers, brighteners,
acid cleaners, metal conditioners, including phosphoric acid products
or trisodium phosphate;
(3)
Used in hospitals, veterinary hospitals,
clinics or health care facilities or in the manufacturing of health
care supplies;
(4)
Used by a commercial laundry or
textile rental service company or any other commercial entity:
(a)
To provide laundry service to hospitals,
clinics, nursing homes, other health care facilities or veterinary
hospitals or clinics;
(b)
To clean textile products owned
by a commercial laundry or textile rental service company and supplied
to industrial or commercial users of the products on a rental basis;
or
(c)
To clean military, professional,
industrial or commercial work uniforms.
(5)
Used by industry for metal, fabric
or fiber cleaning or conditioning;
(6)
Manufactured, stored or distributed
in the City for use or sale outside the City of Kimberling City provided
nothing contained herein shall be construed to permit retail sales
or use in the City;
(7)
Used in foods, drugs and cosmetics,
including personal care items such as toothpaste, shampoo and hand
soap;
(8)
Used in any laboratory, including
a biological laboratory, research facility, chemical laboratory and
engineering laboratory;
(9)
Used for cleaning hard surfaces,
including household cleaners for windows, sinks, counters, ovens,
tubs, stoves, on other food preparation surfaces and plumbing fixtures;
(10)
Used as a water softening chemical,
antiscale chemical or corrosion inhibitor intended for use in closed
systems such as boilers, air conditioners, cooling towers or hot water
heating systems;
(11)
Public Works Superintendent may,
upon finding that compliance would create an unusual hardship or be
unreasonable because of the lack of an adequate substitute or alternative,
exclude such other cleaning agents as said superintendent may deem
reasonable and necessary;
(12)
Laundry detergents that contain
one-half percent (0.5%) phosphorus or less that is incidental to manufacturing;
(13)
Dishwashing detergents that contain
eight and seven-tenths percent (8.7%) phosphorus or less by weight.
2.
These exemptions may be reviewed at any time and
expanded or contracted by the Board of Aldermen.
[R.O. 2012 § 601.020; Ord. No.
282 § 2, 1-20-2004]
The Director of Public Works or any authorized representative
may seize any cleaning agent held for sale, distribution or use found
to be in violation of this Chapter. The seized cleaning agents shall
be held until such time as the Municipal Court enters an order directing
the disposition of the cleaning agents.
[R.O. 2012 § 601.030; Ord. No.
282 § 3, 1-20-2004]
Any person who violates the provision of this Chapter shall be subject to those penalties contained in Section 100.220 of the Kimberling City Code, except the minimum fine for a second offender shall be one hundred dollars ($100.00) plus court costs and a minimum of two hundred fifty dollars ($250.00) plus court costs for a third or subsequent offense.
