[Ord. No. 1164 § 11.010, 3-2-2015]
As used in this Article, the following terms shall have the
meanings indicated:
A public or private college or university.
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.
See Section 210.2410.
A.
A
person commits the offense of hazing if he or she knowingly participates
in or causes a willful act, occurring on or off the campus of a public
or private college or university, directed against a student or a
prospective member of an organization operating under the sanction
of a public or private college or university, that recklessly endangers
the mental or physical health or safety of a student or prospective
member for the purpose of initiation or admission into or continued
membership in any such organization to the extent that such person
is knowingly placed at probable risk of the loss of life or probable
bodily or psychological harm. Acts of hazing include:
1.
Any activity which recklessly endangers the physical health or safety
of the student or prospective member, including but not limited to
physical brutality, whipping, beating, branding, exposure to the elements,
forced consumption of any food, liquor, drug or other substance, or
forced smoking or chewing of tobacco products;
2.
Any activity which recklessly endangers the mental health of the
student or prospective member, including but not limited to sleep
deprivation, physical confinement, or other extreme stress-inducing
activity; or
3.
Any activity that requires the student or prospective member to perform
a duty or task which involves a violation of the criminal laws of
this State or any political subdivision in this State.
B.
Nothing
in this Section shall be interpreted as creating a new private cause
of action against any educational institution.
C.
Consent
is not a defense to hazing. Section 565.010, RSMo., does not apply
to hazing cases or to homicide cases arising out of hazing activity
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense of unlawful posting of certain
information over the internet if he or she knowingly posts the name,
home address, Social Security number, or telephone number of any person
on the internet intending to cause great bodily harm or death, or
threatening to cause great bodily harm or death to such person.
[Ord. No. 1164 § 11.080, 3-2-2015]
It shall be unlawful for any person to sell or expose for sale
any firecracker, torpedo, bomb, rocket, pinwheel, fire balloon, Roman
candle, toy cannon or any other firecracker or fireworks within the
Town.
A.
FIREWORKS
SALE
Definitions.
As used in this Article the following terms shall have the meaning
indicated:
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.
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, co-partnership or one (1) or more individuals.
B.
It
shall be unlawful to discharge, or possess unless in the original
unopened package, within the Town any fireworks, except as provided
herein.
C.
The
possession and discharge of fireworks, subject to the limitation set
forth below, shall be lawful between the hours of 10:00 a.m. and 11:59
p.m. on July 3rd, July 4th, July 5th, and December 31st, and on such
other dates as approved by the Town Council, unless during such times
the National Weather Service has an active watch, warning, or advisory
for Carroll County pertaining to fire, drought, or high winds.
D.
Persons
fifteen (15) years of age and younger shall not discharge fireworks
except under the supervision of an adult. Supervision shall be adequate
where the adult is within sight and sound of the children during the
discharge of the fireworks. It shall be unlawful for any parent, guardian
or other adult person having custody or control of any minor fifteen
(15) years of age or less to knowingly allow such minor to discharge
fireworks in violation of the preceding sentences.
E.
The
Fire Chief is authorized to issue temporary permits for fireworks
displays for any day of the year so long as, in the opinion of the
Fire Chief, the risk of noise pollution, personal injury and property
damage are minimal, and the display is under direct supervision and
control of such persons as the Fire Chief shall deem competent. The
Fire Chief may revoke the temporary permit at any time, in his/her
opinion, that injury to persons, property, or the public welfare is
threatened.
F.
The
Fire Chief shall have the authority to issue temporary orders pertaining
to fireworks, the use and location thereof, as needed for public safety
purposes.
G.
The
Police are hereby authorized to confiscate fireworks from the possession
of any person found to be in violation of this Article. The Chief
of Police is further authorized to confiscate fireworks being discharged
privately in such large quantity that a nuisance is created.
H.
Any
person who has fireworks confiscated under this Article shall be provided
written notice at the time of the confiscation that within seven (7)
calendar days from the confiscation, the person may file a written
request for review with the Police Department setting out the specific
facts for the claim that the Article has not been violated. The Chief
of Police shall hear and determine the matter within ten (10) days
of receipt of the written request for review. The decision of the
Chief of Police shall be final.
I.
Fireworks
confiscated under this Article shall be destroyed within thirty (30)
days of confiscation, or upon appeal, at the time of the final decision
finding the possessor in violation of the Article. The Chief of Police
is authorized to make arrangements for the storage of such fireworks
in or out of the Town at a safe storage area.
J.
Any
person violating this Article shall be adjudged guilty of an ordinance
violation punishable by a fine not to exceed five hundred dollars
($500.00) per incident.
[1]
Editor's Note: Ord. No. 2020-1349 also changed the title of
this Section from "Discharge Of Certain Fireworks Prohibited" to "Discharge
Or Possession Fireworks Prohibited; Exceptions."
