[Ord. No. 18-11, 8-9-2018; Ord. No. 25-10, 6-17-2025]
A. 
Definitions. The following definitions shall apply in the interpretation and enforcement of this Section 210.2300.
CAMPFIRE
A small outdoor fire which is nine (9) square feet or less in area and two (2) feet or less in height, intended for recreation or cooking not including a fire intended for disposal of waste wood or refuse.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney from an enclosed chimney. Fires for cooking purposes contained within barbecue, gas and charcoal grills shall not be considered "open burning."
REFUSE
Any waste material.
B. 
Open burning, including refuse, is prohibited within the City of Bismarck corporate limits, with the following exception: Open burning of leaves, weeds, brush, stumps, or other vegetative debris is allowed only in accordance with the following provisions:
1. 
All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions are not present to create an unreasonable likelihood of causing adverse effects and not create a safety hazard or a visibility hazard on roadways, railroads or adjacent properties. Open burning shall be conducted in conformance with all local and State fire protection regulations.
2. 
No open burning shall be undertaken during periods when either the City of Bismarck or the Missouri Department of Natural Resources has issued a burning ban applicable to the area. Operation of barbecue, gas and charcoal grills does not require a permit; provided that the fire complies with all other applicable provisions of this Section.
3. 
Open burning of leaves, weeds, brush, stumps, or other vegetative debris shall be conducted only on the property on which the materials were generated from 7:00 A.M. until 7:00 P.M. at which time it will be extinguished.
4. 
Campfires for cooking, ceremonies or recreation are allowed; provided that the fire is confined by a control device or structure such as rocks, fire ring, or fire pit. A campfire does not require a permit; provided that the fire complies with all other applicable provisions of this Section.
5. 
Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights-of-way is allowed if approved by the Bismarck City Hall by getting a burn permit.
6. 
Burning in emergency situations such as natural disasters is allowed if approved by the Department of Natural Resources.
7. 
The location for open burning shall not be less than fifty (50) feet from any structure and provisions shall be made to prevent the fire from spreading to within fifty (50) feet of any structure.
Exceptions:
a. 
Fires in approved containers that are not less than fifteen (15) feet from a structure.
b. 
The minimum required distance from a structure shall be twenty-five (25) feet where the pile size is nine (9) square feet or less in area and two (2) feet or less in height.
8. 
Pile size shall not be larger than sixteen (16) square feet in area and/or higher than four (4) feet in height.
Exceptions:
a. 
A permit for a special event fire is necessary for fires larger than sixteen (16) square feet in area and/or higher than four (4) feet in height. Special event fires are those which are normally incident to commemorative or celebration events that are sponsored by schools, municipalities and other charitable type organizations. Any person, partnership, firm, association, corporation, or other entity seeking to maintain a special event fire must make application to and obtain from the City Hall a permit for such fire. A formal written request must be made to the City of Bismarck at least thirty (30) days in advance of any such special event fire. The request shall include description of the event, size of fire pile requested, number of competent attendants eighteen (18) years of age or older, number and type of means of extinguishment and a site plan indicating the distance from structures and spectator areas on the property and adjacent properties.
b. 
Open burning of fires larger than sixteen (16) square feet in area and/or higher than four (4) feet in height consisting of tree trunks, tree limbs and vegetation from land clearing operations is allowed with permit, if the burning takes place at least two hundred (200) yards from the nearest structure. Any person, partnership, firm, association, corporation, or other entity seeking to maintain a land clearing operation fire must make application to and obtain from the City Hall a permit for such fire. Materials such as tires or used oil may not be used to start the fires or be burned in the fires. Permits containing special conditions may be issued for sites unable to comply with the requirements above. A formal written request must be made to the City of Bismarck at least thirty (30) days in advance of any such land clearing operation fire. The request shall include description of land clearing operations, size of fire pile requested, number of competent attendants eighteen (18) years of age or older, number and type of means of extinguishment and a site plan indicating the distance from structures on the property and adjacent properties. Permitting of land clearing operation fires shall take into consideration availability of members of the City of Bismarck and size of the parcel being cleared and shall be in accordance with other provisions of this Section.
9. 
Except for campfires, and permitted special event fires, open burning shall only be conducted from 7:00 A.M. to 7:00 P.M.
10. 
Each fire allowed for open burning shall be constantly attended and supervised by competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire such as a minimum of one (1) portable fire extinguisher with a 4-A rating or other approved on-site fire-extinguishing equipment, such as dirt, sand, water barrel, water truck, or garden hose connected to an operable water source.
11. 
No materials may be burned upon any street, curb, gutter or sidewalk, or on the ice of a lake, pond, stream or water body, or under power, telephone or TV cable lines.
12. 
Open burning of leaves, weeds, brush, stumps, or other vegetative debris will be allowed with a permit issued by the City within the City limits with provisions of this Section, except in times of drought or other factors which invoke restrictions due to high fire hazard conditions as shall be determined and duly publicized by the City of Bismarck or the Department of Natural Resources. Special event and land clearing operation fires as well as all other open burning under this Section shall be conducted only following issuance of and in accordance with a permit under this Section.
C. 
It shall be the duty of the City Mayor or his/her designee to administer applications/permits and check conditions for open burning permits.
D. 
It shall be unlawful to commence or to proceed with open burning during months not designated for open burning of leaves, weeds, brush, stumps, or other vegetative debris without first having applied, in writing, to the City Administrator or his/her designee for a permit to do so and a burning permit having been granted therefor.
E. 
Blank forms shall be provided by the City Mayor or his/her designee at Bismarck City Hall for the use of those applying for permits as provided for in this Code. The permit forms provided shall enumerate items considered for issuing a permit.
F. 
Every application for a burning permit shall be delivered to the City Mayor or his/her designee, in writing, at Bismarck City Hall.
G. 
The faculty of any State-accredited fire training academy is hereby authorized to ignite controlled burning of any combustible materials on the campus of the training faculty without permits whenever planned as course work.
H. 
Any person, whether acting individually, or as an officer, member, agent, or employee of any corporation, firm, association or co-partnership who violates the provisions of this Section shall be deemed guilty of an ordinance violation, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County Jail not exceeding three (3) months, or by both fine and imprisonment.
[R.O. 1998 § 210.425; CC 1980 § 64.050]
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. Persons owning or occupying places of business within the City shall keep the front of their business premises free of litter.
[R.O. 1998 § 210.730]
A. 
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, any fence equipped with or having barbed wire, spikes, or any similar device or any electrical charge sufficient to cause an electric shock.
B. 
It shall, however, not be unlawful, under this Section to maintain a barbed wire fence so long as said barbed wire is at least six (6) feet above the ground and at least one (1) foot within the property line of the owner's or occupant's property and so long as said property is located within an industrial or business zoning classification.
[R.O. 1998 § 210.750; CC 1980 § 74.730]
Any person who shall remove, destroy, molest, deface, or disarrange any flag or any other decoration that may be used by any other person in, upon, or about any building in the City to indicate celebration of any holiday or public event, without the consent of the owner thereof, shall be deemed guilty of an ordinance violation.
[R.O. 1998 § 210.780; CC 1980 § 74.750]
A. 
Solicitations Of Alms. Any person who shall solicit alms, either directly or indirectly, upon the public thoroughfares or public grounds of the City, shall be deemed guilty of an ordinance violation.
B. 
Solicitations Of Money For Charitable Purposes. It shall be unlawful for any person to solicit money for charitable purposes unless he/she shall first obtain a written permit so to do from the Board of Aldermen. Any person violating any of the provisions of this Section shall be deemed guilty of an ordinance violation.
[R.O. 1998 § 210.790; CC 1980 § 74.590]
A. 
Advertising. Any person who shall advertise by display, sign, circular, handbill, or in any newspaper, periodical, magazine, or other publication or publications or any means, to tell fortunes or reveal the future; to find or restore lost or stolen property, to locate oil wells, gold or silver or other ore or metal or natural product, to restore lost love, friendship or affection, to reunite or procure lovers, husbands, wives, lost relatives or friends, or to give advice in business affairs, or advice of any kind or nature to others for or without pay, by means of occult or psychic powers, faculties or forces, clairvoyance, psychology, psychometry, palmistry, necromancy, or like crafty science, cards, talismans, charms, potions, magnetism or magnetized articles or substances, oriental mysteries, crystal gazing or magic of any kind or nature, shall be deemed guilty of an ordinance violation.
B. 
Obtaining Money By Spirit Mediumship, Palmistry, Astrology, Etc. Any person who shall obtain money or property from another by fraudulent devices and practices in the name of or by the means of spirit mediumship, palmistry, card reading, astrology, phrenology, or like crafty science, or fortune-telling of any kind shall be deemed guilty of an ordinance violation.
C. 
Fraud At Meetings In Name Of Spiritualism, Etc. Any person who shall hold or give any public or private meeting, gathering, circle or seance of any kind in the name of spiritualism or of any other religious body, society, cult, or denomination, and therein practice or permit to be practiced fraud or deception of any kind shall be deemed guilty of an ordinance violation.
[R.O. 1998 § 210.800; CC 1980 § 74.765]
A. 
Sale To Be By Prescription — Exception As To Certain Sales At Wholesale. Any person who shall sell or give away any corrosive or caustic acid, or any phosphorus or solution thereof, or any hydrogen sulphide, valerianic acid, ammonium valerianate, valerianate of zinc, or any solution or mixture of such substances, or any other stinking, nauseous, offensive or filthy substances of like or similar nature, except upon the written prescription of a physician, licensed under the laws of the State, which prescription shall be filled only once and shall have written upon it the name and address of the patient, shall be deemed guilty of an ordinance violation. This Section shall not be construed to apply to sales at wholesale by manufacturing or wholesale druggists to retail druggists, physicians or chemists.
B. 
Possession. Any person who shall have in his/her possession, or shall carry about any corrosive or caustic acid, phosphorus, or any solution or mixture thereof, or any hydrogen sulphide, valerianate acid, ammonium valerianate, valerianate of zinc, or any other stinking, nauseous, offensive or filthy substance of like or similar nature, shall be deemed guilty of an ordinance violation. This Section shall not be construed to apply to manufacturing or wholesale druggists, retail druggists, physicians or chemists, or to regularly established laboratories, or to persons who have procured any of such substances for medicinal purposes upon a prescription of a physician regularly licensed under the laws of the State.
C. 
Throwing, Etc., In Streets, Etc. Any person who shall cast, throw, deposit or place any stink ball, fire ball or bomb, as described in the two (2) preceding Sections, or shall cast, deposit or place any substance described in such Sections, from, upon or to any street or public place in the City, or at, upon or within any public conveyance, or upon the floor or within any restaurant, theater, hall, assembly room or public building, or at, upon or within any carriage, automobile, public park, or other vehicle within the City, shall be deemed guilty of an ordinance violation.
[R.O. 1998 § 210.840; CC 1980 §§ 75.210 — 75.211]
A. 
Disorderly Conduct Prohibited. A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder, nuisance, or if his/her conduct is likely to cause public danger, alarm, disorder or nuisance, he/she willfully does any of the following acts in a public place:
1. 
Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of his/her life, injury to his/her limb or health;
2. 
Commits an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;
3. 
Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health, or property of another;
4. 
Interferes with another's pursuit of a lawful occupation by acts of violence;
5. 
Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the City Police or other lawful authority known to be such;
6. 
Is in a public place under the influence of an intoxicating liquor or drug in such condition as to be unable to exercise care for his/her own safety or the safety of others;
7. 
Resists or obstructs the performance of duties by the City Police or any other authorized official of the City, when known to be such an official;
8. 
Damages, befouls, or disturbs public property or the property of another so as to create a hazardous, unhealthy, or physically offensive condition;
9. 
Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance to the annoyance of any other persons nearby, or near to any public highway, road, street, lane, alley, park, square, or common, whereby the public peace is broken or disturbed, or the traveling public annoyed; or
10. 
Fails to obey a lawful order to disperse by a Police Officer when known to be such an official, where one (1) or more persons are committing acts of disorderly conduct in the immediate vicinity, and the public health and safety is imminently threatened.
[R.O. 1998 § 210.850; CC 1980 § 75.212]
The provisions in this Article shall not be construed to suppress the right to lawful assembly, picketing, public speaking, or other lawful means of expressing public opinion not in contravention of other laws.
[R.O. 1998 § 210.860; CC 1980 § 74.655]
It shall be unlawful for any person, to do, carry on, or conduct, any mining of any kind, in any manner or by any means or method whatsoever, within the limits of any subdivision or addition of the City or closer than a distance of one quarter (1/4) of a mile from the limits or boundaries of any such subdivision or addition; provided, however, that this Section shall not apply to mining operations where the work of mining is actually in process and being carried on in the ground as of the date of the passage of this Section.