[Ord. No. 46-2017 § 1, 12-4-2017[1]]
It shall be unlawful for the owner, occupant, person or lessee
of any property, premises or land to allow a public nuisance to exist
on such property, premises or land.
[1]
Editor's Note: Section 1 of this ordinance superseded former Ch. 205, Regulations of Conduct, adopted and/or amended by Ord. No. 19, § 93-40; Ord. No. 31 § 1; Ord. No. 33 §§ 1 — 13, §§ 15 — 18; Ord. No. 42 §§ 1 — 5; Ord. No. 85 §§ 1 — 8; Ord. No. 112 §§ 1 — 3; Ord. No. 126 §§ 1 — 3; Ord. No. 134 §§ 1 — 2; Ord. No. 152 § 2; Ord. No. 177 §§ 1 — 2; Ord. No. 294 §§ 1 — 2; Ord. No. 302 §§ 2 — 5; Ord. No. 390 §§ 1-A — 1-D, 6-12-1989; Ord. No. 495 § 2, 6-11-1990; Ord. No. 520 §§ 1 — 2, 6-22-1992; Ord. No. 546 §§ 1 — 7, 5-24-1993; Ord. No. 582 § 205.250, 5-8-1995; Ord. No. 619 §§ 1 — 3, 8-11-1997; Ord. No. 628 §§ 1 — 3, 12-8-1997; Ord. No. 99-027, 12-13-1999; Ord. No. 00-005, 2-14-2000; Ord. No. 02-005 § 1, 4-8-2002; Ord. No. 04-011, 5-24-2004; Ord. No. 06-018 §§ 1 — 5, 12, 3-27-2006; Ord. No. 06-027 § 1, 4-24-2006; Ord. No. 06-042 § 1, 7-24-2006; Ord. No. 06-043 § 1, 7-24-2006; Ord. No. 06-044 § 1, 7-24-2006; Ord. No. 06-052, 7-24-2006; Ord. No. 049-2006 § 1, 8-14-2006; Ord. No. 008-2007 § 3, 7-9-2007; Ord. No. 31-2008 § 1, 8-11-2008; Ord. No. 31-2010 § 1, 9-13-2010; Ord. No. 27-2011 §§ 1 — 2, 7-25-2011; Ord. No. 023-2012 §§ 1 — 2, 7-9-2012; Ord. No. 13-2013 § 1, 6-10-2013; Ord. No. 10-2016 § 1, 5-16-2016; Ord. No. 25-2016 §§ 1 — 4, 8-15-2016; Ord. No. 27-2016 § 1, 8-15-2016; Ord. No. 28-2016 § 1, 8-15-2016; Ord. No. 34-2016 § 1, 8-15-2016; Ord. No. 41-2016 § 1, 9-19-2016; Ord. No. 43-2016 § 1, 9-19-2016.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
All real property in the City shall be deemed a public nuisance that
has the presence of a nuisance, including, but not limited to:
1.
Litter, junk, rubbish, garbage and trash.
2.
Yard waste, including, but not limited to, weed cuttings, cut
and fallen trees and shrubs, overgrown vegetation and noxious weeds
which are eight (8) inches or more in height or which constitute a
breeding place or harborage for rodents, mosquitoes, flies or other
insects.
3.
Demolition debris such as lumber, wood, windows, doors, fencing,
and shingles.
4.
Bricks and scrap concrete, rock, and blocks.
5.
Scrap metal such as tin and aluminum.
6.
Steel.
7.
Derelict vehicles: any vehicle that is inoperable (unable to
start and move under its own power), partially or totally dismantled,
or has a portion of its body work missing or is substantially damaged.
Derelict vehicles may include, but are not limited to, cars, trucks,
motorcycles, recreational equipment (such as boats, campers, motor
homes, ATCs, and go-carts), lawn and garden equipment, and trailers
(such as utility, boat, and box).
8.
Derelict construction equipment.
9.
Derelict farm, lawn and garden equipment.
10.
Tires.
11.
Derelict household fixtures and appliances or parts thereof,
including, but not limited to, sinks, toilets, cabinets, washers and
dryers.
12.
Broken furniture.
13.
Household items (clothing, electronics, lamps, etc.).
14.
Dead animals.
15.
Any flammable material which may endanger public safety or any
material or condition which is unhealthy or unsafe.
16.
Parts of any of the above.
B.
The keeping, storage, depositing or accumulation of any personal
property which is within the view of persons on adjacent or nearby
real property or the public right-of-way when such personal property
constitutes a visual blight, reduces the aesthetic appearance of the
neighborhood, is offensive to the senses, is detrimental to nearby
property or property values or the keeping of such as may endanger
public safety.
C.
Building and construction materials being used or to be used for
a project of repair or renovation for which an active building permit
is in existence may be stored for as long as is reasonably necessary
to complete the project; provided, however, within fourteen (14) days
following the expiration or cancellation of the building permit, all
building and construction materials shall be removed from the premises,
property or land, and the failure of the owner, occupant, person or
lessee to remove such building or construction materials within the
aforementioned fourteen (14) days shall be deemed to be a public nuisance.
[Ord. No. 46-2017 § 1, 12-4-2017]
No person shall throw, cause or allow to be thrown or left upon
any floor of any building occupied by him any water or slop so that
the same shall run or soak through such floor or down upon or along
the inside of the walls of such building to the injury and annoyance,
inconvenience or damage of any person occupying or doing business
in any room or upon any floor beneath.
[Ord. No. 46-2017 § 1, 12-4-2017]
No person shall keep or cause, allow or permit to be kept on
any premises occupied by him or under his/her charge and control any
horses, mules, hogs, cattle, sheep or other animals in a pen or enclosure
so that any offensive, disagreeable or noxious smell or odor shall
arise therefrom to the injury, annoyance, or inconvenience of any
inhabitant of the neighborhood thereof.
[Ord. No. 46-2017 § 1, 12-4-2017]
No distiller, tanner, brewer, soap boiler, tallow chandler,
dyer or keeper of any livery stable, feed stable, the keeper of any
meat market or the servant or employee of such keeper nor shall any
other person discharge out of or from any still house, tannery, brewery,
manufactory shop, bar, stable, meat shop or other business nor from
any other place whatever any foul, disagreeable or nauseous liquids
or substances of any kind whatever into any pond, pool, or adjoining
ground or into or upon any street, avenue, alley, sidewalk, park,
public square or other public place, or upon any private land not
his own.
[Ord. No. 46-2017 § 1, 12-4-2017]
No soap boiler, butcher, tallow chandler or other person shall
keep, collect or use or cause to be kept, collected or used any stale,
putrid, or unsound fat, grease, meat entrails, or other matter, or
render or fry out the same unless done in such a manner that no offensive,
disagreeable or noxious smell or odor shall arise therefrom.
[Ord. No. 46-2017 § 1, 12-4-2017]
No owner, occupant or other person in charge of any house, building,
lot or premises shall place, leave or deposit or cause to be placed,
left or deposited or suffer or allow to remain in or upon any sidewalk,
curbing or guttering in front of or along the side thereof any empty
boxes, barrels, kegs, crates, boards, broken wire, glass, filth, ashes,
cinders, slop, excrements, sawdusts, straw, soot, sticks, shavings,
oyster shells, bones, cans, paper, rags, trash, rubbish, refuse, offal,
manure, putrid fish, meats, entrails, decayed fruits or vegetables,
old iron or metal of any kind, old wearing apparel, any animal or
vegetable matter or any offensive substance whatever.
[Ord. No. 46-2017 § 1, 12-4-2017]
The rendering or heating or steaming of any animal or vegetable
product or substance creating or generating noisome, disagreeable
or unwholesome smells, odors or gaseous vapors shall be done and conducted
in steam-tight kettles, tanks or boilers, and such methods shall be
adopted as shall entirely condense, decompose, deodorize and destroy
such smells, odors and vapors.
[Ord. No. 46-2017 § 1, 12-4-2017]
No person shall bring or cause to be brought into the City any
distressed or injured animal of any kind to be slaughtered for food,
nor any carcass of any animal which shall have died of disease or
injury or which shall not have been slaughtered when in good health
and free from disease or injury, to be used for food.
[Ord. No. 46-2017 § 1, 12-4-2017]
No person shall locate, set up, run, maintain or operate within
this City within six hundred (600) feet of any store, residence or
dwelling house any railroad asphalt plant, asphalt mixing plant, or
other plant which emits or gives out dust, foul, noxious, unhealthful
or disagreeable odor and the location, running, setting up, maintaining
or operating any such plant as aforesaid within six hundred (600)
feet of any store, residence or dwelling house is hereby declared
to be a nuisance.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
In the event of violation of Section 205.020(A)(2), the owner of the ground or, in the case of joint tenancy, tenancy by the entireties or tenancy in common, each owner thereof shall be liable. Any such owner who violates this Section shall be subject to a fine of up to five hundred dollars ($500.00) in the Municipal Court of the City of Herculaneum. Each day can be considered a separate violation.
B.
In the event said weeds and vegetation violate the provisions of Section 205.020(A)(2), the City may remove same after following the procedures set forth in Section 71.285, RSMo., and shall cause a special tax bill against the property to be prepared and to be collected by the Collector all in accordance with Section 71.285, RSMo.
C.
Notwithstanding any other language in this Section to the contrary,
the provisions of this Subsection shall not apply to any golf course,
public or private, situated within the City, provided, however, that
within the City along its southern property line along Lake Drive
the provisions of this Section shall apply to the area which is fifty
(50) feet from the northern, eastern and western property line of
any such golf course and one hundred fifty (150) feet from the southern
property line of such golf course. All other areas of such golf course
shall be exempt from the provisions of this Section.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
No person, persons, company, corporation or partnership shall burn
trash, leaves or debris of any kind on any street or alley in the
City of Herculaneum, nor shall any person, persons, company, corporation
or partnership cause, permit or allow any trash, leaves or debris
to be burned on any street or alley in the City of Herculaneum.
B.
Every person found to be guilty of violation of any provision of
this Section shall upon conviction therefor be deemed guilty of a
misdemeanor and shall be punished by a fine not to exceed fifty dollars
($50.00).
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
No person, persons, company, corporation or partnership shall allow,
permit or cause water to drain from within any building onto any street,
sidewalk or alley within the City of Herculaneum.
B.
Every person found to be guilty of violation of any provision of
this Section shall upon conviction therefor be deemed guilty of a
misdemeanor and shall be punished by a fine not to exceed fifty dollars
($50.00).
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
The following standard shall be followed by the Building Official
in ordering abatement:
1.
If the debris can reasonably be removed so that it will no longer
exist in violation of this Chapter, it shall be ordered removed.
B.
The Building Official or his or her representative shall:
1.
Inspect any property about which complaints are filed by any
person to the effect that property is or may exist in violation of
this Chapter.
2.
Serve notice of the declaration of nuisance as determined by
the provisions of this Chapter to the owner, occupant, lessee, mortgagee,
agent, and all other persons having an interest in the property as
shown by the land record of the Recorder of Deeds for Jefferson County.
Such notice shall be served either personally or by certified mail,
return receipt requested, and by posting such notice on the property.
Such notice shall state that:
a.
The owner, occupant or lessee must commence work to abate the
nuisance in accordance with the terms of the notice; or
b.
The mortgagee, agent, or other persons having an interest in
such property as shown by the land records of the Recorder of Deeds
of Jefferson County may, at his/her own risk, abate the nuisance by
removal of the debris from the property.
c.
Any person notified under this Subsection (B)(2) to remove debris from property shall be given reasonable time not to exceed ten (10) days to commence the action required by the notice. The notice may include a reasonable time in which the required action shall be completed. If, in the judgment of the Building Official or his or her representative, it is determined to be necessary to extend the time to do or have done the work or act required by the notice provided herein, the Code Official shall specify the extension date in writing, and serve an additional notice of the date to which the extension is made.
d.
If service cannot be had by the methods set forth above, a notice
shall be inserted in a newspaper then doing the County printing, notifying
the owner of the public nuisance. The notice shall state that the
owner is responsible for the removal of the debris within ten (10)
days after the publication of the notice.
3.
Report to the Board of Aldermen any non-compliance with the notice provided for in Subsection (B)(2) above.
4.
Appear at all hearings conducted by the Board of Aldermen and
testify as to the condition of debris on property constituting a public
nuisance.
5.
Place a notice on property constituting a public nuisance substantially
reading as follows:
This property has been found to be a public nuisance by the
Building Official. This notice is to remain on this property until
the debris is removed and the nuisance abated in accordance with the
notice that has been given to the owner, occupant, lessee, mortgagee,
or agent of this property, and all other persons having an interest
in said property as shown by the land records of the Recorder of Deeds
of Jefferson County. It is unlawful to remove this notice until such
notice is complied with.
C.
The Board of Aldermen shall:
1.
Upon receipt of a report from the Building Official of failure
to commence work of abating the nuisance within the time specified
or upon failure to proceed continuously with the work without unnecessary
delay, the Building Official shall call and have a full and adequate
hearing upon the matter before the Board of Aldermen, giving at least
fifteen (15) days' written notice to the owner, occupant, mortgagee,
lessee, agent and all other persons having an interest in the property
as shown by the land records of the Recorder of Deeds of Jefferson
County to appear before it on the date specified in the notice to
show cause why property reported to be a public nuisance should not
be ordered to be cleaned up and work commenced to remove debris in
accordance with the statement of particulars set forth in notice of
the Building Official. Any party may be represented by counsel, and
all parties shall have an opportunity to be heard.
2.
After the hearing, if the evidence supports a finding that the
property is a nuisance or detrimental to the health, safety or welfare
of the residents of the City, the Board of Aldermen shall issue an
order making specific findings of fact, based upon competent and substantial
evidence, that shows the property to be a nuisance and detrimental
to the health, safety or welfare of the residents of the City, and
ordering the nuisance abated. If the evidence does not support a finding
that the property is a nuisance or detrimental to the health, safety
or welfare of the residents of the City, no order shall be issued.
3.
If the owner, occupant, mortgagee, lessee, agent and all other
persons having an interest in the property as shown by the land records
of the Recorder of Deeds of Jefferson County fail to begin abating
the nuisance within the time specified, the Building Official shall
cause the condition which constitutes the nuisance to be removed.
If the Building Official causes such condition to be removed or abated,
the cost of such removal shall be certified to the City Clerk who
shall cause the certified cost to be included in a special tax bill
or added to the annual real estate tax bill, at the City Collector's
option, for the property, and the certified cost shall be collected
by the City Collector in the same manner and procedure for collecting
real estate taxes. If the certified cost is not paid, the tax bill
shall be considered delinquent, and the collection of the delinquent
tax bill shall be governed by the laws governing delinquent and back
taxes. The tax bill from the date of its issuance shall be deemed
a personal debt against the owner and shall also be a lien on the
property until paid.
4.
If the owner, occupant, mortgagee, lessee, agent and all other
persons having an interest in the property as shown by the land records
of the Recorder of Deeds of Jefferson County comply with the order,
or extension thereof within the time specified, the Building Official
may cause a special tax bill for any costs incurred by the City (e.g.,
publication, mailing of notices, and recording) against the property
to be prepared and collected by the City Collector. The tax bill,
from the date of issuance, shall be deemed a personal debt against
the owner and a lien on the property until paid.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
In addition to Section 205.030, any person who shall violate, or who shall neglect, fail or refuse to comply with the provisions of this Chapter shall on conviction thereof before the Municipal Judge be deemed guilty of committing, causing, keeping, maintaining, or doing or causing or permitting to be committed, caused, kept, maintained or done a nuisance and shall be guilty of a misdemeanor. Such person shall be punished by a fine of not less than one dollar ($1.00) nor more than one hundred dollars ($100.00) to be imposed and collected in like manner as fines are imposed in other cases of misdemeanor and if upon such trial it shall appear to such Judge or Circuit Court, if appealed, that the nuisance complained of continues to exist, such Judge or Circuit Court shall, in addition to the penalty herein provided for make an order directing the Building Inspector to abate such nuisance forthwith and immediately report the expense of such abatement to the Judge, and the costs of such abatement shall be made a part of the costs of the case and shall be taxed as costs in the judgment of the Judge, and the City shall receive judgment for the costs of such abatement in addition to the fine imposed under the provisions of this Chapter; provided, however, that the defendant shall be convicted.
B.
Pursuant to the provisions of this Section and Section 205.040 of this Code, the City shall be entitled to file a lien in the Recorder's Office of Jefferson County, Missouri, on the real estate on which the weeds were located causing the City to incur costs for the removal of same. The lien shall be in the reasonable amount of the cost of the abatement of the nuisance, and the amount may be set by order of the Municipal Judge, or by affidavit of the Marshal, Building Inspector or Street Commissioner.
[Ord. No. 46-2017 § 1, 12-4-2017]
[Ord. No. 46-2017 § 1, 12-4-2017]
All officers of the police force as well as the Building Inspector are hereby authorized and required to enter onto any premises for the purpose of removing or abating any nuisance if the nuisance has not been abated as set forth in Section 205.160 of the Herculaneum Municipal Code.
[Ord. No. 46-2017 § 1, 12-4-2017]
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
Definition. "Fireworks" shall have the same definition as provided
by State law.
B.
May Be Discharged — When. Fireworks may be discharged by individuals
inside the City of Herculaneum, Missouri, only during the first seven
(7) days of July of each year and only between the hours of 10:00
A.M. and 11:00 P.M. Fireworks may only be discharged on privately
owned property with the consent of the owner and occupant of such
property.
[Ord. No. 19-2019, 5-20-2019]
C.
Application For Fireworks Sales Permit.
1.
Any such person, firm or corporation, including wholesalers
of fireworks and roadside stands, making applications for permits
to sell fireworks shall file a written request with the City Clerk
not less than thirty (30) days prior to the fourth day of July in
order to sell fireworks from June 20 through July 10 and by thirty
(30) days prior to the 31st day of December in order to sell fireworks
from December 20 through January 2. A separate written application
shall be required to be filed with the City Clerk in order to sell
fireworks from June 20 through July 10 and from December 20 through
January 2. There shall only be one (1) application fee of seven hundred
fifty dollars ($750.00) which is required to be paid. The seven-hundred-fifty-dollar
application fee is required to be paid in full prior to the issuance
of any permit. All permits issued and approved are personal to the
applicant and non-transferable. The sale of fireworks or operation
of place of sale by anyone other than the permittee shall void the
permit and cause forfeiture of the permit fee.
2.
The granting or denial of applications for permits shall be
at the sole discretion of the Board of Aldermen, and any application
shall contain the name of the applicant, in addition to a detailed
description of the location of sale site or sites, type of structure
from which sales are to be made, provisions for the fire protection
and, provided, further, that the location of each sale site shall
be only on property which is zoned for commercial or industrial use
and shall be open for business from June 20 through July 10 and December
20 through January 2 of the next year.
The following application shall be completed:
|
Fireworks Sale Application and/or License
| |||
|
Owner's Name:
| |||
|
(Last)
|
(First)
|
(Middle Initial)
| |
|
Owner's Address:
| |||
|
Phone No.:_____
|
D/O/B: _____
|
S.S.#:
| |
|
Location of Stand (commercial area only):
| |||
|
Type of Structure:
| |||
|
Manager (if different than owner):
| |||
|
(Last)
|
(First)
|
(Middle Initial)
| |
|
Address:
| |||
|
Phone No.:_____
|
D/O/B: _____
|
S.S.#:
| |
|
Stand open from _____ June 20, _____ to July 10, _____.
| |||
|
Must comply with Fire Department rules and regulations.
| |||
|
FEE: Seven hundred fifty dollars ($750.00) per location per
time frame.
| |||
|
__________
| |||
|
Applicant and/or Owner's Signature
| |||
|
Fee paid:
| |||
|
Date:
| |||
|
Approved:
| |||
|
Not approved:
| |||
D.
Use By Organizations. Notwithstanding the other provisions of this
Section, not-for-profit corporations and other organizations may possess
and use fireworks within the boundaries of the City for public, supervised
and bona fide fireworks displays; provided, however, that the conduct
of such display shall comply with all applicable State laws and shall
be required to register with the City Clerk stating the time, date,
place and sponsoring organization of such display.
E.
Use Of Fireworks Limited. It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such a manner that the explosion of same will be likely to endanger or cause injury to any person or property; provided, further, that it shall be unlawful for any person to shoot or detonate fireworks of any nature within the City limits except as stated in Subsection (B) herein.
F.
Provisions For Storage, Licensing And Selling. Permission for any
person, firm or corporation to store, sell or offer for sale fireworks
of any type within the City limits must comply with the following
regulations:
1.
Restricted Locations. It shall be unlawful to expose fireworks
to direct sunlight through glass to the merchandise display, except
where the fireworks are in the original package. All fireworks which
the public may examine shall be kept for sale in the original package,
except where an attendant is on duty at all times. Fireworks shall
be kept out of reach of the public when an attendant is not on duty.
2.
Approved Locations Of Stands Or Tents. No stand, or the sale
of any fireworks, shall be permitted within any residence or within
any commercial building of any kind or closer than fifty (50) feet
to any structure. Fireworks shall not be stored, kept or sold within
fifty (50) feet of any gasoline pump, gasoline filling station, gasoline
bulk station or any building in which gasoline or volatile liquids
are sold in quantities in excess of one (1) gallon.
3.
Sleeping Within Stand. Sleeping within a fireworks stand, warehouse,
storage or place of sale of fireworks is prohibited.
4.
Firesafety Requirements. The operator of any stand shall closely
cut and remove all weeds, grass and similar vegetation and all dry
or flammable residues from such cutting. The area inside the stand
and within twenty-five (25) feet of the site shall be free of all
trash, empty cartons, paper or other debris or flammable material.
5.
Trash Containers. The operator shall also provide in the premises
immediately adjacent to such stand not less than two (2) trash receptacles
of a kind and size approved by the Fire Marshal or Building Inspector.
The operator shall, not less than hourly, remove all trash, paper
and flammable debris of any kind from the stand and the surrounding
area which extends one hundred (100) feet from the outside edge of
the stand.
6.
Heating Units. No heating unit of any kind nor any other device
which emits flames or heat shall be kept or used within the stand.
7.
Electrical Wiring. Standard electrical lighting which conforms
to the electrical system requirements of the 2000 National Electric
Code and as follows:
a.
Electric service to the stand may be by #14 AWG minimum three-wire
(types JSJ, SJT or approved heavy-duty rubber or thermo-plastic) cord
and three-prong plug. The cord shall terminate inside the stand in
a junction box adjacent to the externally locked door.
b.
The junction box should contain two (2) switches, one (1) to
operate an external raintight security light at the externally locked
door and one (1) to operate interior lighting and on duplex receptacle.
c.
There shall be no external wiring, fixtures or devices except
a security light attached to the fireworks stand. General interior
lighting should not exceed three (3) watts per square foot. Any broken
bulbs shall be replaced immediately. Miniature lamp holders are not
permitted for interior or exterior lighting.
d.
The electrical supply for external lighting or remote signs
may be taken from remote electrical service and are not to be within
reach by the general public. All cords supplying such lighting shall
be approved for usage sized to carry the load and may, except at the
point of attachment, be within reach of the general public.
8.
Remote Electrical Service.
a.
The maximum size of service shall be two hundred forty (240)
volt (Edison three-wire) thirty (30) amp and conform to latest union
election publication regarding such service.
b.
Main service disconnecting means shall be readily accessible,
encased in a raintight enclosure, sized to carry the load and shall
disconnect all underground conductors.
c.
Service ground shall be bare #8 AWG copper wire attached to
a five-eighths-by-eight-foot copper weld ground rod by means of an
approved clamp; the ground wire to rod connection shall be left exposed
for inspection purposes.
d.
The branch circuit shall be limited to two (2) duplex receptacles
rated at fifteen (15) amp minimum encased in a raintight enclosure
with raintight covers. All new branch circuits shall be ground-fault
protected.
9.
No Smoking Provision. One (1) or more signs reading "Fireworks,
No Smoking" shall be displayed at all places where fireworks are stored
or sold with letters not less than four (4) inches in height. Signs
shall be displayed to be visible from all sides of the stand. It shall
be unlawful to permit the presence of lighted cigars, cigarettes,
pipes or any other open flame within twenty-five (25) feet of where
fireworks are offered for sale.
10.
Storage Of Fireworks. No passenger automobile shall be used
on the location as a conveyance or storage place for any fireworks,
nor any conveyance or vehicle of any kind can be used for storage
or transportation of fireworks within fifty (50) feet of any fireworks
stand. Exceptions: During the actual time period when merchandise
is being unloaded from the conveyance or vehicle and stored within
the stand, or is being taken by the customer, which shall be done
expeditiously.
11.
Storage Area Required To Be Locked. When not actually in use
with personnel or the operator therein, every such storage area shall
be locked in a manner approved by the Fire Marshal. All conveyances
or vehicles on the stand premises, which are used for storage or transportation
of fireworks by the operator, shall be closed and locked except when
loading or unloading.
12.
Fire Extinguishers. At least two (2) two-and-one-half-gallon
pressurized water fire extinguishers shall be kept within each such
stand at all times, one (1) immediately adjacent to each exit or there
shall be kept two (2) fifty-five-gallon drums filled with water at
all times with at least two (2) buckets hanging on each one. One (1)
drum shall be located at each exit of each such stand. The size of
the stand may require more.
13.
Discharge Of Fireworks. It shall be unlawful to explode or ignite
fireworks within six hundred (600) feet of where fireworks are stored,
sold or offered for sale. This shall apply to any pump-dispensing
devices. No one shall ignite or discharge any permissible articles
of fireworks within or throw the same from a motor vehicle or at or
near any person or group of people.
G.
Penalty. Any person convicted of a violation of this Chapter shall
be punished by a fine of not more than five hundred dollars ($500.00)
per day or by imprisonment in the City Jail for not longer than three
(3) months or by both such fine and imprisonment.
[Ord. No. 46-2017 § 1, 12-4-2017]
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
It shall be unlawful for any person not previously authorized by
the City to open, unseal or remove water by any means from any fire
hydrant owned by the City of Herculaneum, Missouri. It shall further
be a violation of this Section for any unauthorized person to willfully
damage any fire hydrant owned by the City.
B.
Any person found guilty of a violation of the provisions of this
Section shall, upon conviction, be fined not less than ten dollars
($10.00) nor more than one hundred dollars ($100.00).
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
It shall be unlawful and shall constitute a violation of this Section
for any person to disobey or to refuse to comply with the lawful orders
and directions of a Police Officer given in the course of his/her
duties as a Police Officer or a Firefighter given in the course of
his/her duties as a Firefighter.
[Ord. No. 43-2020, 12-7-2020]
B.
The penalty for the violation of this Section shall be by fine of
not less than five dollars ($5.00) nor more than one hundred dollars
($100.00).
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
It shall be unlawful for any minor of the age of sixteen (16) years
or younger to be found on any public street, alley, public highway
or other public property within the City after the hour of 11:00 P.M.
on any day of the week other than Friday or Saturday, and after 12:00
P.M. on Friday or Saturday of any week, unless accompanied by his
parent, guardian or some other competent person, or without the written
consent of his parent or guardian to do so, except in the cases of
urgent necessity.
B.
Violation of the provisions of this Section shall be punishable upon
conviction by a fine of not less than one dollar ($1.00) nor more
than one hundred dollars ($100.00).
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
CONTROLLED SUBSTANCE
DRUG PARAPHERNALIA
UNAUTHORIZED PERSON
Definitions. For the purposes of this Section, the following terms
shall be deemed to have the meanings indicated below:
A drug, substance, or immediate precursor in Schedules I
through V as defined in Chapter 195, RSMo.
All equipment, products, and materials of any kind which
are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance in violation of the terms of this
Section or the laws of the State of Missouri.
Any person, corporation or individual who shall not be authorized
or licensed to transport, sell, use, manufacture, or possess a controlled
substance or paraphernalia pursuant to the provisions of Chapter 195,
RSMo.
B.
Violations.
1.
A person commits the offense of possession of a controlled substance
if he or she knowingly possesses, sells, uses, manufactures or transports
a controlled substance, except as authorized by this Chapter or Chapter
195, RSMo.
2.
A person commits the offense of unlawful possession of drug
paraphernalia if he or she knowingly uses, or possesses with intent
to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale, or
otherwise introduce into the human body a controlled substance or
an imitation controlled substance in violation of this Chapter or
Chapter 195, RSMo.
3.
In any complaint or information, and in any action or proceeding
brought for the enforcement of any provision of this Chapter, it shall
not be necessary to include any exception, excuse, proviso or exemption
contained in this Chapter or Chapter 195, RSMo., and the burden of
proof of any such exception, excuse, proviso or exemption shall be
upon the defendant.
C.
Penalty. Upon conviction, any person violating the terms of this
Section shall be punished by a fine of not more than five hundred
dollars ($500.00), or by imprisonment for a term not to exceed ninety
(90) days, or by both such fine and imprisonment.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
The limits specified in Subsection (B) of this Section shall not apply to any quantity of such product, mixture or preparation dispensed pursuant to a valid prescription.
B.
Within any thirty-day period, no person shall sell, dispense or otherwise
provide to the same individual, and no person shall purchase, receive
or otherwise acquire more than the following amount: any number of
packages of any drug product containing any detectable amount of ephedrine
or pseudoephedrine, or any of their salts or optical isomers, or salts
of optical isomers, either as:
C.
All packages of any compound, mixture or preparation containing any
detectable quantity of ephedrine or pseudoephedrine, or any of their
salts or optical isomers, or salts of optical isomers, except those
that are excluded from Schedule V in Subsection 17 or 18 of Section
195.017, RSMo., shall be offered for sale only from behind a pharmacy
counter where the public is not permitted and only by a registered
pharmacist or registered pharmacy technician under Section 195.017,
RSMo.
D.
This Section shall not apply to any products that the State Department
of Health and Senior Services, upon application of a manufacturer,
exempts by rule from this Section because the product has been formulated
in such a way as to effectively prevent the conversion of the active
ingredient into methamphetamine or its salts or precursors or to the
sale of any animal feed products containing ephedrine or any naturally
occurring or herbal ephedra or extract of ephedra.
E.
Persons selling and dispensing substances containing any detectable
amount of pseudoephedrine, its salts or optical isomers, or salts
of optical isomers or ephedrine, its salts or optical isomers, or
salts of optical isomers shall maintain logs, documents and records
as specified in Section 195.017, RSMo. Persons selling only compounds,
mixtures or preparations that are excluded from Schedule V in Subsection
17 or 18 of Section 195.017, RSMo., shall not be required to maintain
such logs, documents and records. All logs, records, documents and
electronic information maintained for the dispensing of these products
shall be open for inspection and copying by municipal, county and
State or Federal Law Enforcement Officers whose duty it is to enforce
the controlled substances laws of this State or the United States.
F.
Within thirty (30) days of the enactment of this Section, all persons
who dispense or offer for sale pseudoephedrine and ephedrine products,
except those that are excluded from Schedule V in Subsection 17 or
18 of Section 195.017, RSMo., shall ensure that all such products
are located only behind a pharmacy counter where the public is not
permitted.
G.
Within thirty (30) days of the enactment of this Section, any business
entity which sells ephedrine or pseudoephedrine products in the course
of legitimate business which is in the possession of pseudoephedrine
and ephedrine products, except those that are excluded from Schedule
V in Subsection 17 or 18 of Section 195.017, RSMo., and which does
not have a State and Federal controlled substances registration, shall
return these products to a manufacturer or distributor or transfer
them to an authorized controlled substance registrant.
H.
Any person who knowingly or recklessly violates this Section shall
be punished to the full extent allowable under these ordinances.
I.
The provisions of Subsection (B) of this Section limiting individuals from purchasing the specified amount in any thirty-day period shall not apply to any compounds, mixtures or preparation that are in liquid or liquid-filled gel capsule form. However, no person shall purchase, receive or otherwise acquire more than nine (9) grams of any compound, mixture or preparation excluded in Subsection 17 or 18 of Section 195.017, RSMo., in a single purchase as provided in Subsection (B) of this Section.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
It shall be illegal to use, possess, transfer, sell, offer to sell,
gift or display certain chemicals such as 3,4-Methylenedioxypyrovalerone
hydorcloride, or MDPV, which is a product used to mimic the effects
of drugs such as cocaine, methamphetamine, LSD or Ecstacy and cause
hallucinations, agitation, paranoia and other dangerous effects which
are much stronger and last longer than those experienced by those
drugs. Said chemicals are generally known as "bath salts" going by
various names, including, but not limited to, Vanilla Sky, Ivory Wave,
White Dove, Pure Ivory, Red Dove, White Rush, White Lightning, Cloud
Nine, Ocean Burst, Charge Plus, Bolivian Bath, Scarface, and Hurricane
Charlie, all of which share the trait that they are laced with synthetic
materials, including MDPV.
B.
The City of Herculaneum and its Police Department shall notify any
business offering the substances herein set forth of the unlawfulness
of such illegal product and, in addition to the penalty set forth
herein, is subject to any necessary injunctive relief to remove such
product from sale, offer for sale, gift or public display. For penalty
purposes, any person violating this Section shall be subject to a
fine of not more than five hundred dollars ($500.00) or by detention
for a term not to exceed ninety (90) days, or by both fine and imprisonment.
A separate offense shall be deemed committed for each sale, offer
for gift, or public display.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
No person less than twenty-one (21) years of age shall possess upon
the real property comprising a public or private elementary or secondary
school or school bus prescription medication without a valid prescription
for such medication. For purposes of this Section, no person less
than twenty-one (21) years of age shall possess prescription medication
containing a controlled substance as defined in Section 195.010, RSMo.
B.
The provisions of this Section shall not apply to any person authorized
to possess a prescription medication by any school personnel who are
responsible for storing, maintaining or dispensing any prescription
medication under Chapter 338, RSMo. This Section shall not limit the
use of any prescription medication by emergency personnel, as defined
in Section 565.081, RSMo., during an emergency situation.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
Within the City of Herculaneum, Missouri, it shall be illegal to
sell, deliver or distribute ephedrine, pseudoephedrine, their salts,
their optical isomers or salts of their optical isomers without a
valid prescription written by a practitioner licensed to write prescriptions
and filled by a licensed pharmacist.
B.
Violations of this Section shall be punishable by imprisonment not
exceeding ninety (90) days or by a fine not exceeding five hundred
dollars ($500.00), or by both such fine and imprisonment.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
No motor vehicle equipped with lugs or metal tracks shall be parked,
driven or operated on any street or alley in the City of Herculaneum.
B.
Every person found to be guilty of violation of any provision of
this Section shall upon conviction therefor be deemed guilty of a
misdemeanor and shall be punished by a fine not to exceed fifty dollars
($50.00).
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
A person commits the offense of assault of a Law Enforcement Officer,
Corrections Officer, emergency personnel, highway worker in a construction
zone or work zone or utility worker if:
1.
The person attempts to cause or recklessly causes physical injury,
physical pain, or illness to another person who is a special victim;
2.
With criminal negligence the person causes physical injury to
another person who is a special victim by means of a firearm;
3.
The person purposely places another person who is a special
victim in apprehension of immediate physical injury;
4.
The person recklessly engages in conduct which creates a substantial
risk of death or serious physical injury to another person who is
a special victim; or
5.
The person knowingly causes physical contact with another person
who is a special victim knowing the other person will regard the contact
as offensive or provocative.
B.
The term "special victim" as used in this Section includes any of
the following:
1.
A Law Enforcement Officer assaulted in the performance of his
or her official duties or as a direct result of such official duties;
2.
Emergency personnel, any paid or volunteer firefighter, emergency
room or trauma personnel, or emergency medical technician assaulted
in the performance of his or her official duties as a direct result
of such official duties;
3.
A Probation and Parole Officer assaulted in the performance
of his or her official duties as a direct result of such official
duties;
4.
Any jailer or Corrections Officer of the State or one of its
political subdivisions assaulted in the performance of his or her
official duties as a direct result of such official duties;
5.
A highway worker in a construction or work zone as the terms
are defined under Section 304.580, RSMo.;
6.
Any utility worker, meaning any employee of a utility that provides
gas, heat, electricity, water, steam, telecommunications services
or sewer services, whether privately, municipally or cooperatively
owned, while in the performance of his or her job duties, including
any person employed under a contract.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
A person commits the offense of resisting or interfering with arrest,
detention, or stop if he or she knows or reasonably should know that
a Law Enforcement Officer is making an arrest or attempting to lawfully
detain or stop an individual or vehicle, and for the purpose of preventing
the officer from effecting the arrest, stop or detention, he or she:
1.
Resists the arrest, stop or detention of such person by using
or threatening the use of violence or physical force or by fleeing
from such officer; or
2.
Interferes with the arrest, stop or detention of another person
by using or threatening the use of violence, physical force or physical
interference.
C.
A person is presumed to be fleeing a vehicle stop if he or she continues
to operate a motor vehicle after he or she has seen or should have
seen clearly visible emergency lights or has heard or should have
heard an audible signal emanating from the law enforcement vehicle
pursuing him or her.
D.
It is no defense to a prosecution pursuant to Subsection (A) of this Section that the Law Enforcement Officer was acting unlawfully in making the arrest. However, nothing in this Section shall be construed to bar civil suits for unlawful arrest.
E.
Upon conviction, any person violating the terms of this Section shall
be punished by a fine not more than five hundred dollars ($500.00)
or by imprisonment for a term not to exceed ninety (90) days or by
both such fine and imprisonment.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
LAKES
PONDS
SECURE GATE
SWIMMING POOLS
THROUGH STREET
Definitions. For the purposes of this Section, the following terms
shall be deemed to have the meaning indicated below:
Any body of water, natural or man-made, within the boundaries
of the City of Herculaneum more than two (2) feet in depth and which
covers more than two (2) acres of surface.
Any man-made body of water which exceeds two (2) feet in
depth and has a surface area of less than two (2) acres.
Any gate which is sufficient to prevent the access of any
small child as determined by the Building Official.
Any man-made body of water over two (2) feet in depth which
is designed for the purpose of recreational swimming.
Any street of the City of Herculaneum designated as a through
street on the schedule of through streets in Schedule II of Title
III.
B.
Swimming Pools — Fences Required. All swimming pools within
the City of Herculaneum shall be surrounded by a fence of not less
than four (4) feet high with a secure gate, with opening in the fence
material of not more than three (3) inches.
C.
Lakes And Ponds; Fences Required, When. Any lake or pond located
within the boundaries of the City of Herculaneum and located within
seventy-five (75) feet of any through street shall be surrounded by
a fence of not less than four (4) feet in height, constructed so that
openings in the fence material there are no more than four (4) inches,
and with a secure gate.
D.
Lakes And Ponds; Barriers Required, When. Where any lake or pond
is located within sixty (60) feet or less of any through street and
is below the grade of such street, there shall be a barrier between
the top of the embankment leading to the water surface and the right-of-way
for such through street of sufficient construction to prevent a motor
vehicle from entering the water. Approval of the sufficiency of such
barrier shall be in the discretion of the City Building Official.
E.
Nuisance. Any violation of the provisions hereof is hereby declared
a nuisance.
F.
Enforcement. Upon notice that a violation of the provisions herein
exists, the Building Official shall notify the owner or owners of
the property on which the pond, lake or swimming pool is located of
such violation, in writing. If the owner or owners fail to comply
with the provisions herein within fifteen (15) days or such time period
as extended by the Building Official, the Building Official shall
file a complaint in the police court of the City of Herculaneum.
G.
Penalty And Continuing Offense. Upon the expiration of the time period set forth in Subsection (F) or any extension thereof, each day that such violation exists shall be a separate offense which upon a finding of guilty shall be a misdemeanor and punishable by a fine of not less than one dollar ($1.00) nor more than one hundred dollars ($100.00) for each offense.
[Ord. No. 46-2017 § 1, 12-4-2017]
No person, in the presence of a minor, shall indulge in any
degrading, lewd, immoral or vicious habits or practices, or take indecent
or immoral liberties with a minor, or publicly expose his person to
a minor in an obscene or indecent manner or by language, sign or touching
a minor suggest or refer to any immoral, lewd, lascivious or indecent
act, or detain or divert a minor with intent to perpetrate any of
the aforesaid acts.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
A person commits the crime of endangering the welfare of a child
if:
1.
He or she, with criminal negligence, acts in a manner that creates
a substantial risk to the life, body or health of a child less than
seventeen (17) years old; or
2.
He or she knowingly encourages, aids or causes a child less than seventeen (17) years old to engage in any conduct which causes or tends to cause the child to come within the provisions of paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or
3.
Being a parent, guardian or other person legally charged with the care or custody of a child less than seventeen (17) years old, he or she recklessly fails or refuses to exercise reasonable diligence in the care or control of such child to prevent him from coming within the provisions of paragraph (c) of Subdivision (1) of Subsection (1) or paragraph (d) of Subdivision (2) of Subsection (1) or Subdivision (3) of Subsection (1) of Section 211.031, RSMo.; or
4.
He or she knowingly encourages, aids or causes a child less
than seventeen (17) years of age to enter into any room, building
or other structure which is a public nuisance as defined in Section
195.130, RSMo.; or
5.
He or she operates a vehicle in violation of Subsection (2)
of Section 565.024, RSMo., or Sections 577.010 or 577.012, RSMo.,
while a child less than seventeen (17) years old is present in the
vehicle.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
Every person shall operate a motorboat, vessel or watercraft in a
careful and prudent manner and at a rate of speed so as not to endanger
the property of another or the life or limb of any person and shall
exercise the highest degree of care.
B.
Vessels shall not be operated within one hundred (100) feet of any
dock, pier, occupied anchored boat or buoyed restricted area on any
lake at a speed in excess of slow-no wake speed.
C.
No person shall operate any motorboat or watercraft, or manipulate
any water skis, surfboard or other waterborne device in a reckless
or negligent manner so as to endanger the life or property of any
person, or while intoxicated or under the influence of any narcotic
drug, barbiturate or marijuana.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
It shall be unlawful for any person, whether individually or acting
on behalf of a corporation, partnership or any other entity to make,
continue or cause to be made or continue any excessive, unnecessary
or unusually bright light or any light which either annoys, disturbs,
injures or endangers the comfort, health, peace or safety of others,
within the City limits of the City of Herculaneum.
B.
The standards which will be considered in determining whether a violation
of this Section exists shall include, but shall not be limited to,
the following:
1.
The intensity of the light in question.
2.
Whether the nature of the light is usual or unusual.
3.
Whether the origin of the light is natural or unnatural.
4.
The proximity of the light to residential facilities.
5.
The nature and zoning of the area within which the light emanates.
6.
The density of inhabitation of the area within which the light
emanates.
7.
The time of the day or night the light emanates.
8.
The duration of the light.
9.
Whether the light is recurrent, intermittent or constant.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
A person commits the crime of assault if:
1.
The person attempts to cause or recklessly causes physical injury
to another person; or
2.
With criminal negligence the person causes physical injury to
another person by means of a deadly weapon; or
3.
The person purposely places another person in apprehension of
immediate physical injury; or
4.
The person recklessly engages in conduct which creates grave
risk of death or serious physical injury to another person; or
5.
The person knowingly causes physical contact with another person
knowing the other person will regard the contact as offensive or provocative;
or
6.
The person knowingly causes physical contact with an incapacitated
person as defined in Section 475.010, RSMo., which a reasonable person,
who is not incapacitated, would consider offensive or provocative.
[Ord. No. 46-2017 § 1, 12-4-2017]
No person shall smoke or ignite any tobacco product within the
City Hall building.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
A person commits the crime of tampering with a witness if, with purpose
to induce a witness or a prospective witness to disobey a subpoena
or other legal process, or to absent himself or avoid subpoena or
other legal process, or to withhold evidence, information or documents,
or to testify falsely, he:
B.
A person commits the crime of victim tampering if, with purpose to
do so, he prevents or dissuades or attempts to prevent or dissuade
any person who has been a victim of any crime or a person who is acting
on behalf of any such victim from:
1.
Making any report of such victimization to any Peace Officer
or State, local or Federal Law Enforcement Officer or prosecuting
agency or to any judge;
2.
Causing a complaint, indictment or information to be sought
and prosecuted or assisting in the prosecution thereof;
3.
Arresting or causing or seeking the arrest of any person in
connection with such victimization.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
A person commits the offense of domestic assault in the fourth degree
if the act involves a domestic victim, as the term "domestic victim"
is defined in this Section, and:
1.
The person attempts to cause or recklessly causes physical injury,
physical pain, or illness to such domestic victim;
2.
With criminal negligence the person causes physical injury to
such domestic victim by means of a deadly weapon or dangerous instrument;
3.
The person purposely places such domestic victim in apprehension
of immediate physical injury by any means;
4.
The person recklessly engages in conduct which creates a substantial
risk of death or serious physical injury to such domestic victim;
5.
The person knowingly causes physical contact with such domestic
victim knowing he or she will regard the contact as offensive; or
6.
The person knowingly attempts to cause or causes the isolation
of such domestic victim by unreasonably and substantially restricting
or limiting his or her access to other persons, telecommunications
devices or transportation for the purpose of isolation.
B.
Upon conviction, any person violating the terms of this Section shall
be punished by a fine not more than five hundred dollars ($500.00)
or by imprisonment for a term not to exceed ninety (90) days or by
both such fine and imprisonment.
C.
The term "domestic victim" includes a household or family member
as the term "family" or "household member" is defined in Section 455.010,
RSMo., including any child who is a member of the household or family.
[Ord. No. 46-2017 § 1, 12-4-2017]
A.
All property owners in the City of Herculaneum, Missouri, shall be required to maintain at their own expense any and all objects, including, but not limited to, trees, shrubs, grasses, walls, porticoes, stoops, awnings, areaways, walls or other structures or things on the property owner's real property which encroach upon the right-of-way or easement area of any City "street" as that term is defined in Subsection (B) of this Section so that the right-of-way or easement, including sidewalks, is kept in a reasonably safe condition for vehicular and pedestrian travel.
B.
For the purposes of this Section, the "street" is defined as a public
or private thoroughfare which affords the principal means of access
to abutting property. The term includes all facilities which normally
are found within the right-of-way; it shall also include such other
designations as highway, thoroughfare, parkway, road, pike, avenue,
boulevard, lane, place, forge or other such terms but shall not include
pedestrianway or alley.
C.
Any object or thing within a street right-of-way or easement that
obstructs or interferes with the use of the streets or sidewalks shall
be deemed a nuisance, and the City shall have the right to remove
it.
[Ord. No. 11-2019, 4-1-2019]
A.
ADMINISTER
a.
b.
c.
d.
e.
f.
ENTITY
FLOWERING PLANT
MARIJUANA OR MARIHUANA
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA FACILITY
PRIMARY CAREGIVER
QUALIFYING PATIENT
Definitions: For the purpose of this Chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this Section:
The direct application of marijuana to a qualifying patient
by way of any of the following methods:
Ingestion of capsules, teas, oils, and other marijuana-infused
products;
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils;
Application of ointments or balms;
Transdermal patches and suppositories;
Consuming marijuana-infused food products; or
Any other method recommended by a qualifying patient's physician.
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited liability company, general or limited partnership,
limited liability partnership, joint venture, or any other legal entity.
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. Marijuana
or marihuana does not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
(0.3) of one percent (1%) on a dry-weight basis, or commodities or
products manufactured from industrial hemp.
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
One (1) or more of the following, as defined in Chapter 628:
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's application
for an identification card under this Section or in other written
notification to the Missouri Department of Health and Senior Services.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
B.
Transportation And Possession.
1.
No person shall administer, or be administered, a marijuana
or marijuana-infused product in public, which shall include a medical
marijuana facility, unless provided by law.
2.
No person shall possess marijuana or marijuana-infused products
within the City, except:
a.
A qualified patient for the patient's own personal use, in an
amount less than the limits of Article XIV of the Missouri Constitution,
Chapter 95 of Title 19, Division 30 of the Missouri Code of State
Regulations, and as provided for in this Section, provided that the
qualified patient produces on demand a valid qualifying patient identification
card or a valid physician certification while making application for
an identification card. Production of the respective equivalent identification
card or authorization issued by another state or political subdivision
of another state shall also meet the requirements of this Subsection;
or
b.
A primary caregiver of a qualified patient(s), but only when:
(1)
Transporting the medical marijuana or marijuana-infused
products to a qualified patient or when accompanying a qualified patient(s);
(2)
In an amount less than the limits of Article XIV
of the Missouri Constitution, Chapter 95 of Title 19, Division 30
of the Missouri Code of State Regulations, and as provided for in
this Chapter; and
(3)
Provided that the primary caregiver and/or qualified
patient produces on demand a valid identification card; or
c.
An owner or employee of a medical marijuana facility within
the enclosed building licensed as a medical marijuana facility, or
when delivering directly to a qualified patient's or Qualified Caretaker's
residence or another medical marijuana facility.
3.
No person shall extract resins from marijuana using dangerous
materials or combustible gases without a medical marijuana-infused
products manufacturing facility license.
C.
Purchase or Possession by Non-Emancipated Minors. It shall be unlawful
for any Qualifying Patient under the age of eighteen (18) years that
is not emancipated to purchase or attempt to purchase or possess or
attempt to possess medical marijuana without a parent or guardian
present to supervise the Administration of medical marijuana to the
non-emancipated Qualifying Patient under the age of eighteen (18).
D.
Cultivation Not By Medical Marijuana Facility.
1.
Except as otherwise set out by law, no Qualifying Patient or
his/her primary caregiver may cultivate more than six (6) flowering
marijuana plants, which may only be for the exclusive use of that
Qualifying Patient. The qualified patient or his/her primary caregiver
shall provide on demand a valid identification card for cultivation.
2.
All Qualifying Patient cultivation shall take place in an enclosed,
locked facility that is equipped with security devices that permit
access only by the Qualifying Patient or by such patient's primary
caregiver. Two (2) Qualifying Patients, who both hold valid qualifying
patient cultivation identification cards, may share one (1) enclosed,
locked facility. No more than twelve (12) Qualifying Patient- or primary
caregiver-cultivated flowering marijuana plants may be cultivated
in a single, enclosed locked facility, except when a primary caregiver
also holds a Qualifying Patient cultivation identification card, in
which case no more than eighteen (18) flowering marijuana plants may
be cultivated in a single, enclosed, locked facility. All cultivated
flowering marijuana plants in the possession of a Qualifying Patient
or primary caregiver shall be clearly labeled with the Qualifying
Patient's name.
E.
Disposal Of Medical Marijuana. No Qualifying Patient or his/her primary
caregiver shall dispose of marijuana or marijuana-infused products
in an unsecured waste receptacle not in possession and control of
the Qualifying Patient or his/her primary caregiver and designed to
prohibit unauthorized access.
[Ord. No. 10-2023, 4-3-2023]
A.
It is unlawful for any person younger than twenty-one (21) years
of age to possess, use, produce, distribute, sell or purchase marijuana,
or marijuana accessories, as defined in Section 195.010, RSMo.
B.
It is unlawful for any person to deliver or distribute marijuana,
or marijuana accessories, with or without consideration, to a person
younger than twenty-one (21) years of age.
C.
It is unlawful for any person to consume marijuana while operating
or being in physical control of a motor vehicle, watercraft or other
motorized form of transport.
D.
It is unlawful for any person to smoke marijuana within a motor vehicle,
train, watercraft or other motorized form of transport while it is
being operated.
E.
It is unlawful to possess or consume marijuana, or marijuana accessories,
on the grounds of a public or private preschool, elementary or secondary
school, institution of higher education, in a school bus or on the
grounds of any correctional facility or jail.
F.
It shall be unlawful to consume marijuana in a public place, other
than an area licensed by the State of Missouri.
G.
The penalty for consuming marijuana in a location where it is prohibited shall be punishable by a fine not to exceed one hundred dollars ($100.00). All other violations of this Section shall be subject to the general penalty provisions set forth in Section 100.004 of the Ordinances of the City of Herculaneum.
