[R.O. 1993 § 215.410; R.O. of 1938 § 781;
CC 1963 Ch. 12 Art. V § 12-84]
Any person who shall place, or cause to be placed, in or upon
any street, avenue, alley, sidewalk or other public place within the
limits of this City, any article or thing whatsoever, so as to obstruct
or hinder the free passage of any persons or vehicles over or along
such street, avenue, alley or other public place, shall be deemed
guilty of a misdemeanor, provided that nothing in this Section shall
be so construed as to prevent any merchant or tradesman from placing
any package of merchandise, which he/she may be receiving or sending
away, upon any sidewalk, if the same does not occupy more than one-fourth
(1/4) of the width thereof, and remain thereon more than two (2) hours.
[R.O. 1993 § 215.420; R.O. of 1938 § 788;
CC 1963 Ch. 12 Art. V § 12-90]
Whoever shall suspend any merchandise or other article in front
of any store, or house, more than two (2) feet from the wall thereof,
at any height above the pavement, and whoever shall place or throw,
or cause to be placed or thrown upon any sidewalk or other public
place, any article or thing whatever, so as to obstruct the same,
or shall upon any such place expose or offer any merchandise or other
property for show or sale, by auction or otherwise, shall be deemed
guilty of a misdemeanor; provided, that nothing in this Section shall
be so construed as to apply to any person occupying the sidewalk for
building purposes, as provided by ordinance.
[R.O. 1993 § 215.430; CC 1963 Ch. 12 Art. III §§ 12-48
— 12-49; Ord. No. 2016 §§ 1-11, 10-13-1981]
A. Fireworks
Defined.
1. Unless clearly indicated otherwise, the following terms mean:
CONSUMER FIREWORKS
Explosive devices designed primarily to produce visible or
audible effects by combustion and includes aerial devices and ground
devices, all of which are classified as fireworks, UNO336, within
49 CFR 172.
DISPLAY FIREWORKS
Explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation. This term
includes devices containing more than two grains (130 mg) of explosive
composition intended for public display. These devices are classified
as fireworks, UN0333 or UN0334 or UNO335, within 49 CFR 172.
FIREWORKS
Any composition or device for producing a visible, audible,
or both visible and audible effect by combustion, deflagration, or
detonation and that meets the definition of consumer, proximate, or
display fireworks as set forth by 49 CFR 171 to end, United States
Department of Transportation hazardous materials regulations.
PROXIMATE FIREWORKS
A chemical mixture used in the entertainment industry to
produce visible or audible effects by combustion, deflagration, or
detonation, as classified within 49 CFR 172 as UN0431 or UN0432.
2. The term "fireworks" shall not include toy pistols, toy canes, toy
guns, or other devices in which paper caps containing twenty-five
hundredths (.025) grains or less of explosive compound are used, providing
they are so constructed that the hand cannot come in contact with
the cap when in place for use, and toy pistol paper caps which contain
less than twenty-five hundredths (0.025) grains of explosive mixture,
the sale and use of which shall be permitted at all times.
3. Nothing in this Section is construed as applying to the manufacture,
storage, sale or use of signals necessary for the safe operation of
railroads or other classes or public or private transportation, nor
applying to the military or Navy Forces of the United States or of
this State, or to Peace Officers, nor as prohibiting the sale or use
of blank cartridges for ceremonial, or theatrical, or athletic events
or agricultural purposes.
B. Sale
of Fireworks — When — Permit Regulations. Fireworks may
be sold within the corporate limits of the City of Charleston, Missouri,
by holders of one (1) of the two (2) types of permits described in
this Section, subject to the other limitations of this Section. Permits
for the sale of fireworks shall be of two (2) classifications, to-wit:
1. A permanent permit shall be issued on an annual basis and shall be issued at a cost based on gross sales as defined in Chapter
605 of the Code of Charleston, Missouri.
2. A temporary permit shall be issued for a stand to be operated between
June 10 and July 10 of any year, at a cost of fifty dollars ($50.00)
to the applicant and the deposit of one hundred dollars ($100.00)
with the City Clerk. Said one hundred dollars ($100.00) shall be returned
provided that the stand, the signs, banners, trash, and other litter
from the operation of such temporary stand shall be cleaned up and
the property restored to its condition prior to the operation of such
stand, no later than 12:00 Midnight July 10 of each year. Upon forfeiture
of the one hundred dollar ($100.00) deposit, the City may use the
one hundred dollars ($100.00) for the purpose of cleaning up said
area and enforcing this Section. The holder of any temporary permit
shall agree in the permit to be issued to him/her that an injunction
may be issued against him/her enjoining the further use of said permit
for violation of any of the rules and regulations of this Section
or any other ordinance of the City of Charleston, Missouri, relating
to the sale of fireworks.
C. Approval
Of Fireworks. No retailer, dealer, or any other person shall sell,
offer for sale, store, display, or have in their possession any fireworks
that have not been approved and labeled as Class C fireworks by the
Department of Transportation.
D. Fireworks
Stands — Regulations.
1. Smoking shall not be permitted within fifty (50) feet of any fireworks
stand, nor shall the use of any other device or material creating
a flame or a fire be used within fifty (50) feet of any fireworks
stand.
2. The permittee shall place at least one (1) "NO SMOKING" sign posted
on each side of the fireworks stand, which sign shall be unobstructed
and shall be of such a nature as to be readily seen and recognized
and shall be in letters at least six (6) inches high.
3. No fireworks stand shall be erected or permitted to be operated closer
than fifty (50) feet to any building unless prior written approval
is obtained from the Department of Public Safety of the City of Charleston,
Missouri.
4. The front line of any temporary fireworks stand shall be at least
thirty (30) feet from the edge of the nearest street on which it fronts.
5. Each fireworks stand shall have at least one Class A fire extinguisher
at the stand, which shall be in good operating condition.
6. All fireworks stands shall be closed between the hours of 12:00 Midnight
and 6:00 A.M.
E. Use
Of Fireworks. It shall be unlawful for any person to shoot off, discharge,
fire, or explode any firecrackers, or any form of fireworks whatsoever
in the City of Charleston, Missouri, provided that it shall be lawful
for any person, or group of persons or any organization to put on
any display of fireworks under the supervision of the Director of
Public Safety or a person he/she may designate, after having first
obtained the consent, in writing, of the City Manager.
F. Violation.
Any person who shall violate the terms of this Section shall be deemed
guilty of a misdemeanor.
[R.O. 1993 § 215.440; R.O. of 1938 § 784;
CC 1963 Ch. 12 Art. V § 12-87]
Any person who shall, wantonly and mischievously, within the
limits of this City, throw by hand, or by means of any device, any
rock, stone, brick, ball, bottle or other missile upon or against
any building, fence or in or upon any lot not his/her own, or at or
toward any person, or the property of another, shall be deemed guilty
of a misdemeanor.
[R.O. 1993 § 215.450; R.O. of 1938 § 766;
CC 1963 Ch. 12 Art. V § 12-70]
Any person who shall throw or cast upon any of the sidewalks
or street crossings within the limits of this City, any melon rinds,
banana peelings or other vegetable substances, or small expectorate
or spit upon any sidewalk or on the floor of any public building,
shall be deemed guilty of a misdemeanor.
[R.O. 1993 § 215.460; R.O. of 1938 §§ 795,
819; CC 1963 Ch. 12 Art. V § 12-96; Art. VI § 12-115]
A. Every
person who shall ride, drive or use any bicycle, skateboard or other
wheel machine, or cart of any kind, or any dray, wagon, buggy wheelbarrow
or vehicle of any other kind, upon or along any of the sidewalks of
this City, or parts thereof, shall be deemed guilty of a misdemeanor;
provided, that the provisions of this Section shall not apply to baby
buggies, nor the chairs on wheels used for the conveyance of crippled,
sick, aged or infirm persons, nor shall it apply to children in the
residence portion of the City using their play wagons or tricycles
upon the sidewalks in such resident part of the City; and provided
further that this Section shall not be so construed as to prohibit
the person using any such machine or vehicles from crossing over any
sidewalk for the purpose of taking the same into or out of their private
premises or places of business.
B. Any
person who shall skate on roller skates or skates of any kind whatever,
upon any sidewalk of this City, shall be deemed guilty of a misdemeanor.