[Ord. No. 476-87 §§2 —
4, 8-24-1987; Ord. No.
548-91 §1, 6-17-1991]
A. No
person shall burn or cause to be burned any sweepings, trash, paper,
lumber, straw, hay, leaves or any combustible material with the exception
of:
1. Vegetable or flower gardens may be burned.
2. Agricultural fields may be burned.
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The burning of the above exceptions shall only be allowed between
the hours of sunrise and sunset and person in charge of fire shall
be in constant attendance with a water supply ready to quench the
fire if same is within twenty (20) feet of a structure.
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B. Nothing
in this Section shall prevent the making of fires on proper occasions,
providing permission is first obtained from the Chief of the Fire
Department.
C. The
use of the term "Fire Chief" in this Section shall
mean the Fire Chief of the Kearney Fire and Rescue Protection District
unless the Board of Aldermen designates otherwise.
D. Any
person violating the provisions of this Section shall upon conviction
thereof be punished by a fine not exceeding one hundred dollars ($100.00)
for each such violation.
[Ord. No. 396-82 Art. VIII §9, 12-20-1982]
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.
B. Any person violating any of the provisions of this Section shall be punished as provided by Section
100.220 of the Code of Ordinances of the City of Kearney, Missouri.
[Ord. No. 396-82 Art. VIII §3, 12-20-1982]
A. A
person commits the ordinance violation of impeding the use of streets,
sidewalks or alleys if he/she shall interfere with, impede or obstruct
the free use of any street, sidewalk or alley by another by:
1. Coasting, roller skating, ice skating or skate boarding on any street,
sidewalk or alley;
2. Flying kites on any street, sidewalk or alley;
3. Playing baseball, football, soccer or any other game or sport on
any street, sidewalk or alley;
4. Sitting, standing, lying or loitering on any street, sidewalk or
alley;
5. By any other conduct which impedes or obstructs the free use of any
street, sidewalk or alley by another;
6. By conduct which causes others to obstruct streets, sidewalks or
alleys; or
7. By riding upon the sidewalks with a bicycle or other vehicle of any
kind.
[Ord. No. 396-82 Art. VIII §4, 12-20-1982]
A. The
practice of being in and upon posted private residential property
in the City of Kearney, Missouri, by solicitors, peddlers, hawkers,
itinerant merchants and transient vendors of merchandise or for the
purpose of disposing of or peddling or hawking of the same is hereby
declared to be a nuisance, is declared unlawful and is hereby prohibited.
B. The
posting in a conspicuous place of notice stating "no soliciting" or
similar language upon the premises of a private residence shall be
prima facie evidence that the solicitors, peddlers, hawkers, itinerant
merchants and transient vendors of merchandise have not been requested
or invited to be in and upon private residential property.
C. This
Section shall not apply to the solicitation of orders for sale of
goods, wares and merchandise for charitable purposes.
D. In
the event that any phrase, clause or portion of this Section should
be declared unconstitutional or invalid for any reason, the remainder
of the Section shall not be affected thereby but shall remain in full
force and effect.
E. Solicitation, as described in Subsection
(A), at a non-posted place of residence shall require a City occupation license and shall be during the following hours, unless invited to do so by the occupant or owner of the residence.
[Ord. No. 1321-2017 § 2, 2-6-2017]
1. Monday through Friday: After 9: 00 A.M. and before the earlier of
dusk or 9:00 P.M.
2. Saturday and Sunday: After 10: 00 A.M. and before the earlier of
dusk or 9:00 P.M.
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For purposes of this Subsection, dusk means thirty (30) minutes
after sunset.
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F. Any
person convicted of perpetuating a nuisance, as described in this
Section, shall be punished by fine of not less than twenty-five dollars
($25.00) nor more than one hundred dollars ($100.00) or imprisoned
for not less than thirty (30) days nor more than sixty (60) days,
or by both such fine and imprisonment.
[Ord. No. 396-82 Art. VIII §5, 12-20-1982]
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. This
shall not apply to non-profit organizations and political campaigners.
[Ord. No. 294 §§1 —
8, 5-24-1976]
A. Definitions. For the purposes of this Section, the following
words and phrases shall have the meanings respectively ascribed to
them by this Section:
DWELLING
Any building or structure used for human abode, including
a lot on which such building or structure is located.
OCCUPANT
Any adult member of the family or other group residing in
a particular dwelling.
PERSON ORGANIZED FOR PROFIT
Any individual, partnership, corporation, trust, estate,
cooperative, association or other entity which has as a purpose or
goal the private gain, direct or indirect, of its members, partners,
shareholders, beneficiaries or other constituent elements.
PRINTED MATERIAL
Printed material shall refer to all of the following types
of printed matter:
1.
Any and all newspapers, magazines, periodicals and journals
which are not distributed pursuant to a subscription agreement.
2.
All shoppers, flyers, circulars, leaflets, pamphlets, papers,
samples, dodgers, booklets, catalogues, brochures, folders, notices
or other written, printed, typed or reproduced matter which:
a.
Advertises for sale any merchandise, product, commodity or thing;
b.
Which directs attention to or advertises any meeting, performance,
lecture or event of any kind for which an admission fee is charged
for private gain on behalf of a person organized for profit; or
c.
Which advertises, promotes or otherwise directs attention to
the activities or organizations which are conducted for private gain
on behalf of a person organized for profit.
RESIDENTIAL AREA
Any area zoned specifically for residential use or any area
zoned such that residential use is permitted.
B. Purpose. The purpose of this Section is to protect the people
against the nuisances of and incident to the indiscriminate distribution
of unsolicited printed materials. The public interest, convenience
and necessity requires regulation thereof and to that end the purposes
of this Section are as follows:
1. To protect local residents against the health and safety menace and
expense incident to the littering by indiscriminate distribution of
the printed material.
2. To preserve to the people their constitutional right to receive and
disseminate information by distinguishing between the indiscriminate
and uncontrolled distribution of unsolicited printed material and
the delivery or distribution of requested printed material.
C. Method. Any person distributing printed material as defined
pursuant to the provisions of this Section shall place or deposit
such material on or about the handle of the door to the dwelling place
or shall otherwise secure or attach such printed material to the door
of the dwelling place; provided that nothing herein shall be construed
as authorizing the use of mailboxes as depositories for distributed
material.
D. Notice By Occupant Requesting Non-Delivery. An occupant
of a dwelling may give notice requesting non-delivery of any written
or printed material by:
1. So stating in writing to either the person who printed, wrote, compiled
or manufactured the material or to the person distributing or causing
the distribution of the same.
2. So stating orally to the person distributing or causing the distribution
of the printed material.
E. Information To Be Contained In Material. It shall be unlawful
for any person organized for profit to print, write, compile or manufacture
or to cause the printing, writing, compiling or manufacturing of any
printed matter for use in unsolicited, indiscriminate distributions
to dwellings in the residential areas of the City which does not have
printed or affixed thereon the names and addresses of the following:
1. The person who printed, wrote, compiled or manufactured the same;
2. The person who distributed or caused the distribution of the printed
matter.
F. Exemptions From Regulations In Subsections (C) To (E). The provisions and prohibitions of Subsections
(C) to
(E) shall not apply to:
1. Distributions made by or on behalf of the United States Postal Service.
2. Distributions of any newspaper, magazine, periodical or other regularly
disseminated publication delivered pursuant to a subscription agreement.
G. Penalty For Violation Of Subsections (C) To (E). The violation of Subsections
(C) to
(E) shall be an ordinance violation. Any person found guilty of violating the prohibitions of Subsections
(C) to
(E) shall be punished by a fine of not more than one hundred dollars ($100.00) and costs. For purposes of defining violations of Subsection
(C), each delivery or distribution to a dwelling made in violation of Subsections
(C) to
(E) shall constitute a separate ordinance violation.
H. This Section Not To Permit Distribution Of Other Prohibited Material. This Section shall not be construed to restrict the distribution
of any material otherwise allowed by other ordinances of the City
of Kearney, Missouri.
[Ord. No. 396-82 Art. VIII §12, 12-20-1982]
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", a fence equipped with or having barbed wire, spikes
or any similar device or any electrical charge sufficient to cause
an electric shock.
[Ord. No. 1337-2017 § 1, 3-20-2017]
It shall be unlawful for any person or persons to service or
repair, upon any premises zoned or used as residential property, motor
vehicles or motorized equipment of any type, which are not the property
of the owner, lessee or tenant of such residential premises.