A person commits the offense of littering if he/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.
[R.O. 2012 § 210.185; CC 1981 § 240.220; Ord. No. 216 §§ 1, 3 — 4, 11-14-1921; Ord. No. 337 §§ 1 — 2; Ord. No.
378 §§ 1 — 2; Ord. No. 946 §§ 1 — 5, 3-8-1993; Ord. No. 1070 §§ I
— II, 6-15-2000]
A. It shall be hereafter unlawful to discharge fireworks, rockets, powder,
firecrackers and/or other combustible materials within the City limits
of the City of Portageville, Missouri.
B. The above provision shall not be enforced on the following days of
each year: July 2 through July 5; December 23 through December 26;
December 30 through January 1 of the subsequent new year.
C. The exceptions listed above shall not, however, allow the discharge
of any fireworks of any kind after 10:00 P.M. except on December 31.
D. From and after the effective date of this Section (June 15, 2000),
the following regulations shall apply to the application process and
fees charged for selling fireworks in the corporate limits of the
City of Portageville, Missouri:
1.
No fireworks stand shall be built or maintained closer than
one hundred (100) feet to any tanks used for the storage of motor
vehicle fuel or any other explosive material.
2.
Permits for sale of fireworks shall be of two (2) classifications,
to wit:
a.
A permanent permit shall be issued on an annual basis and shall
be issued at a cost of one hundred dollars ($100.00) plus a merchant's
license.
b.
A temporary permit shall be issued for a stand to be operated
between June 20 and July 10 of any year at a cost of one hundred dollars
($100.00) upon the issuance of a temporary merchant's license
to the applicant and the deposit of fifty dollars ($50.00) with the
City Clerk. Applications must be filed with the City Clerk no later
than fourteen (14) days prior to the opening date of the stand —
no exceptions will be made. The deposit of fifty dollars ($50.00)
will be returned, providing the stand, signs, banners, trash and other
litter from the operation of such temporary stand shall be cleaned
up and the property restored to its condition prior to the operation
of each stand, no later than 12:00 Midnight July 10 of each year.
Upon forfeiture of the deposit of fifty dollars ($50.00), the Board
of Aldermen may use the fifty dollars ($50.00) for the purposes of
cleaning up said area and enforcing this Section. The holder of any
temporary permit shall agree in the permit to be issued to him/her
that an injunction may be issued against him/her enjoining the further
use of said permit for violation of any of the rules and regulations
of this Section or any other ordinance of the City of Portageville,
Missouri, relating to the sale of fireworks.
3.
Permits shall be issued only to holders of a valid Missouri
sales tax number who shall register that number with the City Clerk
prior to the issuance of a permit.
4.
Smoking shall not be permitted within fifty (50) feet of any
fireworks stand, nor shall the use of any other device or material
creating a flame or a fire be used within fifty (50) feet of any fireworks
stand.
5.
The permittee shall place at least one (1) "No Smoking" sign
posted on each side of the fireworks stand, which sign shall be unobstructed
and shall be of such nature as to be readily seen and recognized and
shall be in letters at least six (6) inches high.
6.
No fireworks shall be discharged within three hundred (300)
feet of any fireworks stand.
7.
No fireworks stand shall be erected or permitted to be operated
closer than fifty (50) feet to any building unless prior written approval
is obtained from the Fire Chief of the City of Portageville, Missouri.
8.
The front line of any temporary fireworks stand shall be at
least thirty (30) feet from the edge of the nearest street on which
it fronts.
9.
Each fireworks stand shall have at least one (1) Class A fire
extinguisher at the stand which shall be in good operating condition.
10.
No fireworks shall be discharged on or fired across any street
or roadway.
11.
All fireworks stands shall be closed between the hours of 12:00
Midnight and 6:00 A.M.
12.
No fireworks shall be fired or discharged in close proximity
to any person, animal or property so as to endanger any such person,
animal or property.
E. Any person who shall violate the terms of this Section shall be deemed
guilty of an ordinance violation and upon conviction shall be fined
not less than five dollars ($5.00) nor more than five hundred dollars
($500.00).
[R.O. 2012 § 210.195; CC 1981 § 240.230; Ord. No. 276 §§ 1 — 2, 1-6-1927]
It shall be unlawful for any person or persons to burn trash,
lumber, leaves, straw or any other combustible material in any street,
alley or vacant lot, except by special permission of the Chief of
the Fire Department when such burning shall be done in screened metallic
receptacles approved by him/her and under such proper safeguards as
he/she may direct as to time and weather, provided that the Chief
of the Fire Department may issue a general permit, by publication
during certain seasons of the year, for the burning of leaves or other
like material where conducted during daylight and with an adult in
constant attendance.
[R.O. 2012 § 210.205; CC 1981 § 240.250; Ord. No. 278 §§ 1 — 4, 1-6-1927]
A. It shall be unlawful to store or keep any dynamite, nitroglycerin,
giant powder or other explosives other than gunpowder in any storeroom,
warehouse building or on any premises within the City limits.
B. Not more than five (5) pounds of gunpowder may be kept in closed
metal canisters in a store or warehouse away from artificial heat
or light, and not more than fifty (50) pounds of gunpowder may be
kept in a magazine made of fireproof material or of wood covered with
sheet iron and mounted on wheels, and kept securely locked except
when necessarily opened for use by authorized persons, and not more
than one thousand (1,000) blasting caps in a similar but separate
magazine. Said magazines shall be conspicuously labeled in red letters
at least four (4) inches high "EXPLOSIVES" and located within the
building on the floor nearest the street level and within ten (10)
feet of the street entrance.
C. Any person, firm or corporation who shall sell gunpowder shall obtain
a permit from the Chief of the Fire Department who shall inspect the
place where same is kept, and the dealer shall fully disclose to said
Chief where same is kept both in the day and nighttime.