A.
PUBLIC PLACE
Definition. The following term shall be defined as follows:
Any place, including inside a building, to which the general
public has access and a right of resort for business, entertainment
or other lawful purpose, but does not necessarily mean a place devoted
solely to the uses of the public. It shall also include the front
or immediate area of any store, shop, restaurant, tavern or other
place of business and also public grounds, areas or parks.
B.
It
shall be unlawful for any person to stand or remain idle either alone
or in consort with others in a public place in such manner so as to
knowingly and actually:
1.
Obstruct any public street, public highway, public sidewalk
or any other public place or building by hindering or impeding the
free and uninterrupted passage of vehicles, traffic or pedestrians;
2.
Commit in or upon any public street, public highway, public sidewalk
or any other public place or building any act or thing which is an
obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by anyone in or upon or facing
or fronting on any such public street, public highway, public sidewalk,
or any other public place or building, all of which prevents the free
and uninterrupted ingress, egress and regress, therein, thereon and
thereto;
3.
Obstruct the entrance to any business establishment, without so doing
for some lawful purpose, if contrary to the expressed wish of the
owner, lessee, managing agent or person in control or charge of the
building or premises.
C.
When
any person causes or commits any of the conditions in this Section,
a Police Officer or any Law Enforcement Officer shall order that person
to stop causing or committing such conditions and to move on or disperse.
Any person who fails or refuses to obey such orders shall be guilty
of a violation of this Section.
It shall be unlawful for any person to distribute or place,
or cause to be distributed or placed, on any street or sidewalk of
the City any loose bills or circulars of an advertising nature. It
shall further be unlawful for any person to distribute or place, or
cause to be distributed or placed, on or in any private property or
in automobiles or other vehicles, any loose bills or circulars of
an advertising nature without having secured the prior consent of
the owner thereof.
A.
It
shall be unlawful for any person to post or cause to be posted any
bill, or paint, write, or print, or cause to be painted, written,
or printed, any sign or device on any sidewalk, street, bridge, viaduct,
pole, tree, or on any wall, building, or structure, or other property
of another, unless in the case of private property, the prior consent
of the owner thereof has been secured.
B.
For
the purpose of this Section, the presence of any bill, sign, device,
painting, or printing in a location prohibited by this Section which
contains or includes the name of a business or corporation or the
name by which a business or corporation is doing business, shall be
prima facie evidence that both the business or corporation and its
manager(s), officer(s), and director(s) had knowledge thereof and
posted, painted, written, printed such bill, sign, device, painting,
or printing in such location or caused the same to be posted, painted,
written, printed in such location. Further for the purpose of this
Section, the presence of any bill, sign, device, painting, or printing
in a location prohibited by this Section which shall contain or include
the name of any person shall be prima facie evidence that such person
had knowledge thereof and had posted, painted, written, printed such
bill, sign, printing, or painting in such location or caused the same
to be posted, painted, written, printed in such location.
C.
No
signs shall be posted on any right-of-way or other property owned
by the City of Troy. Any such sign posted on private property shall
only be done with the permission of the property owner. Any sign or
bill advertising an auction shall be permitted to be placed on right-of-way
if placed in such a position as to not impair traffic, sight lines
or cause any nuisance or hazard to the public. Such signs shall only
be permitted the day of an auction and shall in no event be placed
for a period in excess of two (2) consecutive days.
D.
(Reserved)
E.
This
Section shall go into effect thirty (30) days after its enactment
and any person failing to comply with the provisions set forth above
after said thirty (30) days shall be subject to paying a fine not
to exceed fifty dollars ($50.00) for each violation. Each separate
day that a person is in violation is a separate violation.
F.
With
the prior written consent of the Mayor or City Clerk, a church, religious
organization or charitable organization organized under Section 501(3)
of the Internal Revenue Service Code may place a banner across a City
of Troy street advertising or announcing a specific event hosted or
organized by said entity. The City reserves the right to designate
the exact location, number and height of said banners and said banners
shall not be erected until fifteen (15) days prior to the event and
shall be taken down within seven (7) days after the event has been
concluded. In addition, a governmental subdivision whose geographic
area includes the City of Troy may, subject to the discretion of the
Board of Aldermen, apply to the Board for permission to place vertical
banners on light poles on street rights-of-way within the City of
Troy. The Board further reserves the right to restrict the number,
location, size and duration of the banners placed pursuant to this
Section.
A.
No
sign, including any temporary sign or sign held or carried by any
person, shall be permitted within the rights-of-way of any State highways
within the boundaries of the City of Troy, except those signs specifically
permitted and approved per applicable Missouri Department of Transportation
regulations.
B.
The
restriction regarding off-premise signs above reflects a formal finding
of fact on the part of the City of Troy, Missouri, that the prohibition
of off-premise advertising signage furthers two (2) compelling government
interests:
1.
The general public interest of reducing visual clutter caused by
off-premise advertising signage which the City has determined is a
significant cause of unsafe traffic conditions; and
2.
The public interest served by furthering the implementation of the
purposes of these regulations in terms of limiting the further introduction
of commercial uses into residential areas of which off-premise advertising
signs are the primary contributor.
C.
Furthermore,
the City advocates that this regulation leaves ample and adequate
alternative channels of commercial speech communication for the messages
portrayed on such off-premise advertising signs namely distributed
print media, broadcast media and point-of-purchase display and is
narrowly defined so as to limit said prohibition to commercial speech
on exterior signage.
D.
Any
person violating the terms of this Section shall be guilty of a misdemeanor
and shall be subject to a fine not to exceed five hundred dollars
($500.00) per each violation.
A.
It
shall be unlawful for any person to enter in or on any public building
or public land or private building or private land open to the public
and interfere with or threaten the health or safety of any occupant
or occupants of that property, or damage the property, or interfere
with the normal use or function of that property or any part thereof,
or interfere with the closing of said property and refuse to quit
that property upon the request of the person or persons lawfully in
charge thereof.
A.
It
shall be unlawful for any person to erect or maintain or for any property
owner or occupant to allow to be erected or maintained on any property
within the City, except property zoned for agricultural purposes,
a fence equipped with or having barbed wire, spikes, or any similar
device or any electrical charge sufficient to cause an electric shock.
B.
It
shall, however, not be unlawful, under this Section to maintain a
barbed wire fence so long as said barbed wire is at least six (6)
feet above the ground and at least one (1) foot within the property
line of the owner's or occupant's property and so long as said property
is located within an industrial or business zoning classification.
It shall be unlawful to operate motor scooters, motor bikes, motorcycles or any other self-propelled vehicle within any public park of the City or within or upon property owned by the City except upon regular driveways or parkways set aside for vehicular traffic or upon areas in such parks or public places designated specifically for motor scooters, motor bikes, motorcycles or self-propelled vehicle use. The provisions of this Section shall not be applicable to any properly designated emergency vehicle operated in response to any emergency or to City-owned vehicles or maintenance equipment operated by City employees pursuant to their employment duties. Violations of this Section shall be punished in accordance with Section 100.120 of this Code.
A.
All
so-called "garage sales" or other sales involving the offering for
sale of multiple items of personal property on property zoned and
occupied as "residential" shall be subject to the following rules
and regulations:
1.
No person shall accept to take in for sale any goods from any commercial
business or enterprise on a consignment basis.
2.
Not more than three (3) such sales per year shall be held at the
premises if occupied by the same family or any member of such family.
3.
Any sale conducted pursuant to the provisions hereof shall be confined
to a period between sunup and sundown of any day and shall not extend
in excess of three (3) days.
C.
The
provisions of this Section shall not apply to or affect persons selling
goods pursuant to an order of process of a court of competent jurisdiction
or persons acting in accordance with their power and duties as public
officials or in the capacity of auctioneers at a public sale.
It shall be unlawful for any person to throw, pass or catch
any baseball or to kick, pass or kick any football on or along any
of the streets, sidewalks, lanes or alleys of the City.
All persons are required to keep the sidewalks adjacent to their
residence lots or their places of business free from ice or snow,
and it shall be unlawful for any person to fail or refuse to comply
with the requirements of this Section, when so notified by the Chief
of Police or City Engineer.
All streets, sidewalks, crosswalks and alleys in said City shall
be kept clear of boxes, barrels, rubbish, plows or other farm implements
or other unnecessary obstructions, and it shall be unlawful for any
person to place any box, boxes, barrels, rubbish, plows or other farm
implement, or other obstructions in any street or on any sidewalk,
crosswalk or alley or to erect or maintain any platform or other structure
in any street or along any sidewalk except such temporary obstructions
as are necessary in erecting improvements and in making repairs. Any
person making such obstructions shall be liable to the City for all
costs and damages assessed against it on account thereof.
A.
All
persons doing business in the City are required to keep the sidewalks
in front of such places of business clean, so far as practicable,
from all dirt sweepings from the store and ashes.
B.
All
persons are prohibited from leaving or placing the sweepings from
stores or shops or ashes or other waste in the gutters or in the streets
of the City.
A.
It
shall be unlawful for any person or group to occupy a shelter or shelter
house within a City Park in the City of Troy, Missouri, and fail to
remove themselves when requested to do so by a person or group of
persons who have previously reserved said shelter or shelter house
and have in their possession a reservation form for that date, which
said reservation form shall be shown to the person or a person in
the group who is being requested to remove themself or themselves
from the shelter or shelter house, or when requested by a Police Officer
of the City of Troy, Missouri.
B.
The
reservation form shall be a form designated by the City of Troy, Missouri,
to provide evidence of the reservation.
[Ord. No. 1236 §1, 11-21-2016]
A.
AMERICAN PYROTECHNICS ASSOCIATION (APA)
CHEMICAL COMPOSITION
CONSUMER FIREWORKS
DISTRIBUTOR
FIREWORKS
FIREWORKS SEASON
FIREWORKS STAND
ILLEGAL FIREWORKS
NFPA
PERMANENT STRUCTURE
PERMIT
PERSON
PROXIMATE FIREWORKS
SALE
SEASONAL RETAILER
WHOLESALER
Definitions. The following definitions shall be used in Section 210.2340:
Standard 87-1 (2004), PO Box 30438 Bethesda, MD 20824-0348;
as incorporated by reference is a standard for manufacturers, importers
and distributors of fireworks to assist them in accordance with applicable
Federal laws.
All pyrotechnic and explosive composition contained in fireworks
devices as defined in American Pyrotechnics Association (APA), Standard
87-1.
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, UN0336, 1.4G by
regulation of the United States Department of Transportation, Title
49 CFR (2003), 400 7th Street S.W., Washington, D.C. 20590, as incorporated
by reference, and which were formerly classified as class C common
fireworks by regulation of the United States Department of Transportation.
Any person engaged in the business of selling fireworks to
wholesalers, jobbers, seasonal retailers, other persons, or governmental
bodies that possess the necessary permits as specified in Sections
320.106 to 320.161, RSMo., including any person that imports any fireworks
of any kind in any manner into the State of Missouri.
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 part 171 to end, United States
Department of Transportation hazardous materials regulations, and
American Pyrotechnics Association, Standard 87-1.
The period beginning on the 20th day of June and continuing
through the fifth day of July of the same year, which shall be the
only time that seasonal retailers may be permitted to sell consumer
fireworks.
Any building, counter or other structure of a temporary nature used in the sale or display for the sale of consumer fireworks; and any fireworks stand which offers fireworks for sale which is operating in a permanent structure which is permitted under Section 210.2340.
Includes fireworks whose explosive composition exceeds the limits for consumer fireworks or display fireworks, UN0336, 1.4G, UN0335, 1.3G and UN0431, 1.4G or UN0432, 1.4S by the United States Department of Transportation, and American Pyrotechnics Association, Standard 87-1, including ground salutes commonly known as cherry bombs, M-80s, M-100s, M-1000s or other fireworks designated with an "M" prefix whose explosive composition exceeds the limits for consumer fireworks by the United States Department of Transportation, as well as any fireworks which are not defined as fireworks under Section 210.2340.
National Fire Protection Association, Standards 101 (2003
edition) as used in setting standards for proximate fireworks; 1123
(2000 edition); 1124 (2003 edition) as used in setting standards for
display and proximate fireworks; and 1126 (2001 edition), #1 Batterymarch
Park, PO Box 9101, Quincy, MA 02269, as incorporated by reference;
an international codes and standards organization.
Buildings and structures with permanent foundations other
than tents, stands, mobile homes, and trailers.
The written authority of the State Fire Marshal issued pursuant
to Sections 320.106 to 320.161, RSMo., to sell, possess, manufacture,
discharge, or distribute fireworks.
Any corporation, association, partnership or individual or
group thereof.
A chemical mixture used in the entertainment industry to
produce visible or audible effects by combustion, deflagration, or
detonation, as defined by the most current edition of the American
Pyrotechnics Association (APA), Standard 87-1, section 3.8, specific
requirements for theatrical pyrotechnics.
An exchange of articles of fireworks for money, including
barter, exchange, gift or offer thereof, and each such transaction
made by any person, whether as a principal proprietor, salesman, agent,
association, copartnership or one or more individuals.
Any person within the State of Missouri engaged in the business
of making sales of consumer fireworks in Missouri only during a fireworks
season as defined in this Section.
Any person engaged in the business of making sales of consumer
fireworks to any other person engaged in the business of making sales
of consumer fireworks at retail within the State of Missouri.
B.
General Prohibition. It shall be unlawful for any person to manufacture, warehouse, sell or offer for sale any fireworks within the City of Troy, Missouri, City limits except as is provided in Section 210.2340. No illegal fireworks may be sold within the City of Troy, Missouri, City limits.
C.
Requirement Of Permit For Fireworks Stand. Any wholesaler or seasonal retailer of fireworks shall file an application and obtain a permit under Section 210.2340, business license and any other permit required by the ordinances of the City of Troy, Missouri, before conducting any sales of fireworks within the City of Troy, Missouri.
D.
Application. Any wholesaler or seasonal retailer of fireworks shall
complete and file with the City Clerk an application for a permit
for a fireworks stand. The format of the application shall be in the
form and format as is approved by the City Clerk and such applications
shall be available by request from the City Clerk. All applications
shall be applied for and filed with the City Clerk by the 1st day
of April each year for the current year's fireworks season. Any application
for a fireworks stand shall be subject to the grant of a conditional
use permit for the site of the fireworks stand pursuant to the Ordinances
of the City of Troy, Missouri.
[Ord. No. 1249, 12-18-2017]
E.
Permit Personal To Applicant. Any fireworks stand permit is personal
to the person whom the permit is approved for and which is provided
by the City and may not be transferred to any other person.
F.
Operation Of Fireworks Stand From Permanent Structure. If an applicant seeks to operate a fireworks stand in a building which is a permanent structure, the permanent structure must have a conditional use permit approved by the City of Troy before such fireworks stand is allowed to operate. The permanent structure shall comply with all provisions of the City of Troy, Missouri, Chapter 405 in order for a permit to be issued to a person to offer fireworks for sale.
G.
Permit Fee. Any person who is applying for a fireworks stand permit
shall provide with the application a fee of two thousand dollars ($2,000.00)
for a fireworks stand of up to one thousand (1,000) square feet of
retail space, or a fee of four thousand dollars ($4,000.00) for a
fireworks stand of over one thousand (1,000) square feet of retail
space. Each site location of a fireworks stand shall require a separate
permit and permit fees for a fireworks stand permit, business license
and any conditional use permit. If the Board of Aldermen does not
approve of the conditional use permit for the location of the fireworks
stand, the permit fee shall be refunded with the exception of fifty
dollars ($50.00) which is a portion of the processing costs incurred
by the City. If the application is approved, then the total fee for
the fireworks stand shall be retained by the City. Any fees collected
for fireworks stand permits shall be added to the General Fund of
the City.
H.
Application For Business License And Other Fees. Any applicant shall,
in addition to applying for and paying any fees associated with an
application for a fireworks stand permit, apply for and pay any fees
and costs associated with a business license or other fees, including
but not limited to the conditional use permit for the site of the
fireworks stand. Nothing in this Chapter shall obviate the need from
receiving permits from any other Federal, state or local governmental
entity.
I.
Site Plan Of Fireworks Stand Required. Every application for a fireworks
stand permit shall be accompanied with a site plan which shows the
approximate size and location of the fireworks stand and its distances
from any structures and property lines.
J.
Letter Of Authorization From Property Owner. Every application for
a fireworks stand permit shall be accompanied with a letter from the
owner of the property where the fireworks stand is to be placed which
states that the applicant has permission to operate a fireworks stand
on the property and that the site plan has been approved by the owner
of the property.
K.
Proof Of Sales Tax Registration. Every application for a fireworks
stand permit shall be accompanied by proof from the Missouri Department
of Revenue that the applicant is registered with the Missouri Department
of Revenue and is set up to pay sales tax on any sales.
L.
Proof Of No Tax Due. Every application for a fireworks stand permit
shall be accompanied by a no tax due letter from the Missouri Department
of Revenue dated within two (2) weeks of the date of the filing of
the application.
M.
Proof Of Insurance. Every application for a fireworks stand permit
shall be accompanied by proof of insurance for general liability insurance
in an amount not less than five hundred thousand dollars ($500,000.00).
N.
Location And Inspection Of Fireworks Stand. The location of any fireworks stand shall be limited to a property which is zoned as C-1, C-2, C-3, I-1 and I-2. No fireworks stand shall be permitted until approval of a conditional use permit for the property in which it is to be located. No fireworks stand or fireworks shall be placed within one hundred (100) feet from any temporary or permanent building and no fireworks stand shall be placed within two hundred (200) feet from any residence or housing unit. The Building Official shall be allowed to inspect the Fireworks Stand and such Fireworks Stand shall comply with the requirements of Section 210.2340 and the "'Fireworks Seasonal Retailer Inspection Survey" which is available for review with the Building Official. The Fireworks Stand must be in compliance with the "Fireworks Seasonal Retailer Inspection Survey," approved and on file with the Building Official, at all times the Fireworks Stand is operated in order to be permitted and maintain a valid permit.
[Ord. No. 1249, 12-18-2017]
O.
Certified Cashier's Check Or Surety Bond. Prior to the issuance of
any fireworks stand permit, the applicant shall post with the City
a Certified Cashier's Check or a Surety Bond which is payable to the
City in the amount of ten thousand dollars ($10,000.00) for each fireworks
stand to be operated by the applicant. The Certified Cashier's Check
or Surety Bond shall ensure compliance with the provisions of this
Chapter, including but not limited to the removal of the fireworks
stand after the end of the permitted time period, provisions for temporary
electrical service, cleaning and restoration of the site of the fireworks
stand. In the event of noncompliance with the provisions of this Chapter
by the applicant, if the fireworks stand is not removed and the site
being restored, the City may complete any action necessary to cause
the same to be done and the reasonable cost thereof shall be charged
against the licensee and the City may utilize the Certified Cashier's
Check or Surety Bond. In the event the Certified Cashier's Check or
Surety Bond does not pay for all costs to complete any actions necessary
to obtain compliance with this Chapter, the licensee shall be responsible
for all costs, including the reasonable attorney's fees of the City
in enforcing this Chapter.
[Ord. No. 1249, 12-18-2017]
P.
Parking For Fireworks Stand. Any fireworks stand shall have parking
of one (1) parking space per every three hundred (300) square feet
of retail space.
Q.
Validity Of Permit. A fireworks stand permit shall be valid for twenty
(20) days prior to the start of the fireworks season through ten (10)
days after the end of the fireworks season. No advertising, temporary
structures or tents shall be erected prior to the validity date of
the permit, and all advertising, temporary structures or tents shall
be deconstructed and removed prior to the end of the permit.
R.
Sales Shall Only Occur During Fireworks Season. A permitted fireworks
stand may only sell fireworks during the fireworks season. No sales
shall occur outside of fireworks season or shall be made by any person
who is not permitted by the City.
S.
No Sale Of Non-Consumer Fireworks. No person shall sell or offer
to sell non-consumer fireworks within the City.
T.
Employees Or Workers. No applicant shall employ or allow any person
under the age of sixteen (16) years of age to work the fireworks stand.
An applicant shall ensure that there is at least one (1) supervisory
personnel who is over the age of twenty-one (21) years of age to supervise
all workers of the fireworks stand.
U.
No Alcoholic Beverages Permitted. No alcoholic beverages shall be
consumed on the premises of the fireworks stand.
V.
No Open Flame Or Smoking Permitted. No open flame or smoking shall
be permitted within thirty (30) feet of the fireworks stand.
W.
Required Signage. An applicant shall ensure that upon receipt of
a permit, the business license, fireworks stand permit, certificate
of insurance and "NO SMOKING" signs shall be on display within the
fireworks stand. "NO SMOKING" signs shall be placed every fifteen
(15) feet along the exterior and interior of the fireworks stand.
X.
Required Fire Extinguishers. Every fireworks stand shall have a minimum
of two (2) ABC fire extinguishers of at least ten (10) pounds each
which shall be kept in the fireworks stand. Every fireworks stand
shall have one (1) fire extinguisher for every seventy-five (75) feet
of display counter.
Y.
Advertisement And Signage. All advertisements and signage shall be
in compliance with the ordinances of the City. No person shall be
permitted to utilize any right-of-way which adjoins a roadway for
advertising, and no person shall flag traffic within the right-of-way.
No flashing lights or flashing signage is permitted for any fireworks
stand.
Z.
Use Of Fireworks In City Limits.
[Ord. No. 1253, 6-18-2018; Ord. No. 1323, 6-23-2022; Ord. No. 1340, 6-22-2023]
2.
Allowed Usage Of Fireworks. A person may use, discharge, set off, ignite, or fire fireworks within the City limits of the City of Troy, Missouri, on July 4 of each calendar year between the hours of 10:00 A.M. and 11:00 P.M. Any person who may use, discharge, set off, ignite, or fire fireworks shall be responsible for the safe and responsible usage, discharge, setting off, ignition, or firing of such fireworks and any damages caused by such fireworks, as provided in Section 210.2340, Subsection (AB) below.
AA.
Penalty For Violation. Any person who violates the provisions
of this Chapter shall be guilty of an offense, and, upon conviction,
the person shall be punished by a fine of not less than one hundred
dollars ($100.00) and not more than five hundred dollars ($500.00)
for each violation or by imprisonment for not less than five (5) days
nor more than ninety (90) days in jail for each violation, or both
such fine and imprisonment. Each violation shall be considered a separate
offense.
AB.
Responsibility For Safe Use Of Fireworks. Any person who may
use, discharge, set off, ignite, or fire fireworks within the City
limits of the City of Troy, Missouri, shall be responsible for the
safe and responsible use of such fireworks and for any damages caused
by such fireworks. The City shall not be responsible for the use,
discharge, set off, ignition, or firing of fireworks within the City
limits of the City of Troy, Missouri.
[Ord. No. 1253, 6-18-2018; Ord. No. 1323, 6-23-2022]
It shall be unlawful for any person to commit a nuisance upon
any place open to public view within the corporate limits of the City
of Troy by emptying, discharging, or evacuating ordure or urine thereon.
