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. 2003 § 210.185; Ord. No.
7.001 §§ 7.695 — 7.705, 6-18-1985; Ord. No. 7.011 § 1, 5-16-1989; Ord. No. 7.026 § 1, 9-18-2001; Ord. No. 09-03.2 § 1, 3-17-2009]
A. Except as otherwise herein permitted, no person shall manufacture,
sale, store, fire or discharge any consumer fireworks as defined in
Section 320.106, RSMo.
B. Definitions. As used in this Section, the following terms shall have
these prescribed meanings:
FIREWORKS
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.
C. Permit Required For Seasonal Retailer. A permit shall be obtained
by seasonal retailers from the City for the retail sale of fireworks
to consumers. As a condition precedent to the issuance of a permit
by the City, the proposed applicant shall show proof of a state permit
as required in Chapter 320, RSMo. Upon the issuance of the permit,
fireworks may be sold in accordance with the terms of said permit
only during the period of June 20 through July 5 of the same year.
D. Seasonal Retailer Permit Applications. Applications for seasonal
retailer permits shall be made in writing on or before May 15 of each
year. The sale of fireworks shall be lawful under the specific terms
and conditions approved with the permit and for that purpose only.
A permit granted hereunder shall not be transferable, nor shall any
such permit be extended beyond the dates set out therein. Each applicant
shall be required to complete and deliver to the City Clerk an application
in a form approved by the City. The City retains the authority to
reject any application submitted to a person whose permit has been
revoked as a result of a conviction for possession or sale of illegal
fireworks, has unpaid taxes owed to the City, or whose permit was
revoked for failure to comply with this Section. No permit shall be
issued to a person under the age of eighteen (18) years. The fee for
the issuance of a permit in order to reimburse the City for the costs
of issuing and enforcing the permit is twenty-five dollars ($25.00)
per year per sales location. Permit shall be displayed in the place
of business.
E. Discharging. It shall be unlawful for any person to discharge any
form of fireworks within the City except as provided below:
1.
It shall be lawful to shoot or detonate consumer fireworks,
as defined in Section 320.106, RSMo., within the City limits of the
City of Marceline between July 1 and July 4 unless the City Manager
or Fire Chief have determined that weather conditions have created
a situation where the discharge of fireworks would constitute a fire
hazard. The discharging of consumer fireworks shall be permitted between
the hours of 10:00 A.M. and 11:00 P.M. from July 1 through July 3;
between the hours of 10:00 A.M. and 1:00 A.M. July 4 through July
5. It shall be unlawful for any person to possess, throw, use, explode,
detonate or shoot, within the City limits, bottle rockets, rockets
of all types and size, and any and all fireworks with an aerial trajectory
having a cylinder or cartridge that is not intended to be completely
consumed before landing.
2.
"Display fireworks" displays at specified times and dates are
permissible for organizations, firms, corporations or person(s) upon
application and approved by the City Manager.
3.
Permits requested from the City for a display fireworks display
shall be issued for a special one (1) day fireworks display and shall
be located, discharged or fired in a manner which will not be hazardous
to any person or property. Prior to a permit being issued, proof of
financial responsibility, in an amount satisfactory to the City, to
satisfy claims for damages to property or personal injuries arising
out of any act or omission on the part of such person, firm or corporations
or any agent or employee thereof shall be submitted. The permittee
shall be required to provide evidence that he/she has a current license
to discharge fireworks for public displays from the State of Missouri
in accordance with Chapter 320, RSMo. If a permittee is not licensed
by the State, he/she shall be required to provide proof of experience
and competence in the discharge of fireworks for public displays.
The City shall make this determination based on permits issued by
other jurisdictions, background information of the applicant(s), etc.,
and the issuance of said permit shall be left solely to the discretion
of the City. After a permit has been granted, the sale, possession,
use and distribution of fireworks for such display shall be lawful
for that purpose only. A copy of all permits issued for display fireworks
displays shall be forwarded to the State Fire Marshal's office. No
permit granted shall be transferable and may be revoked at any time
for any reason by the City.
F. General Requirements And Prohibited Acts.
1.
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 or damage to any
person or property.
2.
No permissible fireworks may be sold at retail without the securing
of the applicable City business license in addition to the permit
required hereinabove. The license and permit must be on display at
the location where the retail sale takes place.
3.
At all places where fireworks are sold or displayed, the words
"No Smoking" must be posted in letters at least four (4) inches in
height.
4.
No fireworks shall be discharged within six hundred (600) feet
of any church, hospital or place where gasoline, petroleum products,
propane or flammable gas or chemicals are sold or stored.
5.
No fireworks shall be stored, kept or sold within three hundred
(300) feet of any gasoline pump, gasoline filling station, gasoline
bulk station or any building or location in which gasoline, propane
or volatile or flammable gases or chemicals are sold or stored in
quantities in excess of one (1) gallon.
6.
No fireworks shall be discharged within one hundred fifty (150)
feet of any fireworks retail sales location.
7.
No person shall expose fireworks in any window where the sun
may shine through glass on the fireworks displayed. It is unlawful
to expose fireworks to direct sunlight through glass to the merchandise
displayed, except where the fireworks are in the original package.
All fireworks, which the public may examine, shall be kept for sale
in original packages, except where an attendant is on duty at all
times where such fireworks are offered for sale. Fireworks shall be
kept in showcases out of the reach of the public when an attendant
is not on duty. One (1) or more signs reading "FIREWORKS — NO
SMOKING" shall be displayed at all places where fireworks are stored
or sold in letters not less than four (4) inches in height.
8.
It is unlawful to permit the presence of lighted cigars, cigarettes,
pipes or other open flame in any store or premises where fireworks
are offered for sale or within ten (10) feet thereof.
9.
No person shall ignite or discharge any fireworks within or
throw the same from a motor vehicle, nor shall any person place or
throw any ignited article of fireworks into or at such a motor vehicle,
or at or near any person or group of people.
10.
Any stand, facility or premises used for the retail sale of
fireworks shall be equipped with at least two (2) operable fire extinguishers
which shall be kept in close proximity of the stock of fireworks.
11.
All fireworks shall be contained in their original packaging.
12.
No fireworks shall be stored in any residential area except
for quantities for personal or family use. If fireworks are being
stored for resale, such storage shall be exclusively in industrial
or commercial zones and the City shall be notified of, and approve
in advance, each such storage location.
G. Penalty Provisions.
1.
Fine And Imprisonment. Any person who violates any of the provisions
of this Section shall be deemed guilty of a violation of an ordinance
and upon conviction thereof shall be punished by a fine of not more
than five hundred dollars ($500.00) or by imprisonment in jail for
not more than three (3) months, or by both such fine and imprisonment.
2.
Forfeiture Of License And Permit. Violation of the provisions
of this Section, in addition to a fine or imprisonment, shall cause
an immediate and automatic revocation of all licenses or permits issued
pursuant to this Section.
3.
Seizure Of Fireworks. Enforcement officials may seize, take,
remove or cause to be removed and disposed of, at the expense of the
owner, all stocks of fireworks offered or exposed for display or sale,
stored or held or possessed in violation of this Section.
[R.O. 2003 § 210.190; Ord. No.
7.001 § 7.760, 6-18-1985; Ord. No. 20-12.11, 12-15-2020; Ord. No. 20-12.14, 12-18-2020]
A. Except as provided in Chapter
625 of the Municipal Code and Subsection
(B) hereof, it shall be unlawful for any person, association or organization to close any public street in the City, full or partial, or to erect or cause to be erected upon any public street in the City any tent, booth, amusement ride, concession stand, platform or other structure or obstruction which shall hinder free use of said streets for vehicular or pedestrian traffic.
B. Any person, association or organization shall make written application
to the City for permission to temporarily close public streets of
the City and/or to erect upon the public streets, tents, booths, amusement
rides, concession stands, platforms or other structures, not to exceed
a 72-hour period. Such application shall be made as soon as possible
prior to a scheduled event to ensure availability of City resources,
preparation and required scheduling.
C. If the City shall find the request is in the best interests of the
community and is not a detriment to public safety or City resources,
authorization will be provided, in writing, to such applicant for
such use of the public streets and shall designate any limitations
or prohibition relating to the temporary closure or obstruction of
the public streets.
D. The City Manager shall have authority to authorize full/partial street
closure requests for annually reoccurring events and special circumstances
as they pertain to Marceline R-V events, to include but not limited
to:
1. Halloween seasonal events.
6.
Independence day celebration events.
7.
Annual sponsored fun-run events (partial closures).
8.
Marceline R-V events at the football field and City ball fields.
9.
Any event being held in correlation to Subsections
(D)(1) —
(8) above.
E. The Marceline City Council shall be the approving authority for all other requests not listed in Subsection
(D).
[R.O. 2003 § 210.200; Ord. No.
7.001 § 7.765, 6-18-1985]
A. A person commits the offense 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, roller-blading, ice skating, skateboarding
or the use of a scooter 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; or
5.
By any other conduct which impedes or obstructs the free use
of any street, sidewalk or alley by another.
[R.O. 2003 § 210.210; Ord. No.
7.001 § 7.767, 6-18-1985]
A. No two (2) or more persons shall assemble upon any sidewalk, street
crossing or street corner or in front of any public sidewalk or place
and there remain loafing and loitering or spending their time in idleness
so as to obstruct the sidewalk, street crossing or street corner;
and no person shall conduct himself/herself upon the streets or sidewalks
of the City so as to endanger the safety of other persons.
B. No person shall erect or cause to be erected any stairway on the
outside of any buildings in such a manner as to occupy any part of
or overhang or obstruct or interfere with the free use of any public
sidewalk or part thereof; nor shall any person so construct or excavate
for any areaway, cellarway or stairway leading to any cellar or basement
or other place, or lay or cause to be laid any doorstep extending
into taking up or interfering with the free and entire use of any
part of any public sidewalk.
C. No person shall injure or obstruct any public sidewalk, alley or
other public highway or any part thereof or connection therewith,
in any manner whatsoever, as so to prevent the full and free use of
the same by the public. Provided, it shall not be a violation of this
Section for merchants to use any street or sidewalk temporarily in
the necessary reception and discharge of merchandise nor for persons
engaging in building to deposit material thereon in front or on the
side of the lot where such building is being erected; but in no event
shall building materials be deposited on any street or sidewalk as
herein provided as to take up or prevent the free use of more than
one-half (1/2) of the width of such sidewalk or street.
D. No person shall within the City place or cause to be placed upon
any street, avenue, sidewalk or other public highway, any lumber,
laths, ties, timbers, stone, dirt or other substance or any building
material, so as to constitute an obstruction thereon and leave the
same unguarded during the nighttime.
E. No person shall construct or maintain across any sidewalk a depression
for the carrying off of water.
F. No person shall without proper authority remove, break or extinguish
any lantern, flare or other danger signal which has been placed on
any street, alley, sidewalk, parking or other highway or portion of
a highway for the purpose of guarding against accidents.