A person commits the offense of littering if he or she places,
deposits, or causes to be placed or deposited, any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse, or rubbish
of any kind, nature or description on the right-of-way of any public
road or State highway or on or in any of the waters in this City or
on the banks of any stream, or on any land or water owned, operated
or leased by the State, any board, department, agency or commission
thereof or on any land or water owned, operated or leased by the Federal
Government or the City, or on any private real property owned by another
without the owner's consent.
[CC 1990 §220.200; CC §66.010; Ord. No. 96.031 §1, 5-28-1996; Ord.
No. 98.055 §1, 12-14-1998]
A. Definitions.
1. The term "fireworks" means and includes any combustible
or explosive composition, or any substance or combination of substances,
or article prepared for the purposes of producing a visible or an
audible effect by combustion, explosion, deflagration or detonation,
and includes blank cartridges, toy pistols, toy cannons, toy canes,
or toy guns in which explosives are used, the type of balloons which
require fire underneath to propel the same, firecrackers, torpedoes,
skyrockets, Roman candles, Dago bombs, sparklers or other fireworks
of like construction and any fireworks containing any explosive or
flammable compound, or any tablets or other device containing any
explosive substance.
2. The term "fireworks" shall not include toy pistols,
toy canes, toy guns, or other devices in which paper caps containing
twenty-five hundredths (.25) 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 (.25) grains of
explosive mixture, the sale and use of which shall be permitted at
all times.
3. Nothing in this Section shall apply to the manufacture, storage,
sale or use of signals necessary for the safe operation of railroads
or other classes of 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. Restrictions.
1. The residents of the City of Desloge may set off fireworks within
the City limits from July third (3rd) through July sixth (6th) between
the hours of 10:00 A.M. to 10:00 P.M. and no later. The fireworks
may be set off only upon private property. Fireworks shall not be
set off in public streets, parks, or other public property unless
as approved by resolution, stating the location, time, and day specified,
by the Board of Aldermen, if the same is a public display, and if
the same is sponsored and conducted by a local organization, and no
fireworks shall be set off, thrown, discharged, or otherwise from
a motor vehicle or any other vehicle being ridden or driven, upon
the public streets of the City of Desloge.
2. No one is to set off or cause any fireworks to be set off upon any
public property or upon the private property of someone else, without
obtaining their permission to do so.
3. Fireworks shall not be discharged within three hundred (300) feet
of any gasoline pump, gasoline filling station, or gasoline bulk station.
4. Fireworks shall not be discharged within one hundred (100) feet of
a permanent structure, or within three hundred (300) feet of any non-permanent
structure, where fireworks are stored, sold or offered for sale.
C. Penalty. The penalty for the violation of this Section shall
be a fine of not less than five dollars ($5.00) and not more than
five hundred dollars ($500.00) and/or up to ninety (90) days of confinement
in a jail designated by the Judge or any combination thereof of fine
and confinement.