A.
A person commits the offense of abandonment of an airtight or semi-airtight
container if he or she knowingly abandons, discards, or permits to
remain on premises under his or her control, in a place accessible
to children, any abandoned or discarded icebox, refrigerator, or other
airtight or semi-airtight container which has a capacity of one and
one-half (1 1/2) cubic feet or more and an opening of fifty (50)
square inches or more and which has a door or lid equipped with hinge,
latch or other fastening device capable of securing such door or lid,
without rendering such equipment harmless to human life by removing
such hinges, latches or other hardware which may cause a person to
be confined therein.
B.
Subsection (A) of this Section does not apply to an icebox, refrigerator or other airtight or semi-airtight container located in that part of a building occupied by a dealer, warehouse operator or repair person.
D.
The offense of abandonment of an airtight or semi-airtight container
is an ordinance violation.
A.
Purposes And Intent. The purpose of this Section is to protect
the public health, safety, environment and general welfare through
the regulation and prevention of litter. The objectives of this Section
are:
1.
Provide for uniform prohibition throughout the City of Berkeley of
any and all littering on public or private property; and
2.
Prevent the desecration of the beauty and quality of life of the
City of Berkeley and prevent harm to the public health, safety, environment
and general welfare, including the degradation of water and aquatic
resources caused by litter.
B.
Applicability. This Section shall apply to all public and
private property within the City of Berkeley.
C.
Compatibility With Other Regulations. This Section is not
intended to interfere with, abrogate or annul any other ordinance,
rule or regulation, Statute or other provision of law. The requirements
of this Section should be considered minimum requirements and where
any provision of this Section imposes restrictions different from
those imposed by any other ordinance, rule or regulation or other
provision of law, whichever provisions are more restrictive or impose
higher protective standards for human health or the environment shall
be considered to take precedence.
D.
Severability. If the provisions of any Article, Subsection,
paragraph, Subdivision or clause of this Section shall be judged invalid
by a court of competent jurisdiction, such order of judgment shall
not affect or invalidate the remainder of any Article, Section, Subsection,
paragraph, Subdivision or clause of this Section.
E.
LITTER
PUBLIC OR PRIVATE PROPERTY
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
Any organic or inorganic waste material, rubbish, refuse,
garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand,
gravel, slag, brickbats, metal, plastic and glass containers, broken
glass, dead animals or intentionally or unintentionally discarded
materials of every kind and description.
The right-of-way of any road or highway and body of water
or watercourse or the shores or beaches thereof; any park, playground,
building refuge or conservation or recreation area; timberlands or
forests; and residential, commercial, industrial or farm properties.
F.
Prohibition Against Littering Public Or Private Property Or Waters. It shall be unlawful for any person or persons to dump, deposit,
throw or leave or to cause or permit the dumping, depositing, placing,
throwing or leaving of litter on any public or private property in
the City of Berkeley or any waters in the City of Berkeley unless:
1.
The property is designated by the State or by any of its agencies
or political subdivisions for the disposal of such litter and such
person is authorized by the proper public authority to use such property;
or
2.
The litter is placed into a receptacle or container installed on
such property; or
3.
The person is the owner or tenant in lawful possession of such property
or has first obtained consent of the owner or tenant in lawful possession
or unless the act is done under the personal direction of the owner
or tenant, all in a manner consistent with the public welfare.
G.
Vehicle Loads Causing Litter. No person shall operate any
motor vehicle with a load on or in such vehicle unless the load on
or in such vehicle is adequately secured to prevent the dropping or
shifting of materials from such load onto the roadway.
H.
Violation, Enforcement And Penalties.
1.
Violations. It shall be unlawful for any person
to violate any provision or fail to comply with any of the requirements
of this Section. Any person who has violated or continues to violate
the provisions of this Section may be subject to the enforcement actions
outlined in this Section or may be restrained by injunction or otherwise
sentenced in a manner provided by law.
2.
Evidence.
a.
Whenever litter is thrown, deposited, dropped or dumped from any
motor vehicle, boat, airplane or other conveyance in violation of
this Section, it shall be prima facie evidence that the operator of
the conveyance has violated this Section.
b.
Except as provided in Subsection (H)(2)(a), whenever any litter dumped, deposited, thrown or left on public or private property in violation of this Section is discovered to contain any article or articles including, but not limited to, letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this Section.
3.
Penalties. Any person who violates this Section
shall be guilty of a violation and, upon conviction thereof, shall
be punished as follows:
a.
By a fine of not less than twenty-five dollars ($25.00) and no more
than one thousand dollars ($1,000.00); and
b.
In addition to the fine set out in Subsection (a) above, the violator shall reimburse the City of Berkeley for the reasonable cost of removing the litter when the litter is or is ordered removed by the City of Berkeley; and
c.
In the sound discretion of the court, the person may be directed
to pick up and remove from any public street or highway or public
right-of-way for a distance not to exceed one (1) mile any litter
he has deposited and any and all litter deposited thereon by anyone
else prior to the date of execution of sentence; or
d.
In the sound discretion of the court, the person may be directed
to pick up and remove any and all litter from any public property,
private right-of-way or, with prior permission of the legal owner
or tenant in lawful possession of such property, any private property
upon which it can be established by competent evidence that he has
deposited litter. Pickup and removal shall include any and all litter
deposited thereon by anyone prior to the date of execution of sentence;
and
e.
The court may publish the names of persons convicted of violating
this Section.
A person commits the offense of littering if he or 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.
A.
A person
commits the offense of littering if he/she throws or places or causes
to be thrown or placed grass or vegetation clippings of any kind on
the right-of-way of any public road or State highway and allow same
to remain for a period of more than eight (8) hours.
B.
Violation
of this Section shall be punishable in the same manner as any other
littering violation, which is by fine of up to one thousand dollars
($1,000.00) and/or imprisonment of no more than ninety (90) days,
or both fine and imprisonment.
A.
A person commits the offense of unlawful disposition of a dead animal
if he or she knowingly places or causes to be placed the carcass or
offal of any dead animal:
A.
A person
commits the offense of tampering with a water supply if he or she
purposely:
1.
Poisons, defiles or in any way corrupts the water of a well, spring,
brook or reservoir used for domestic or municipal purposes; or
2.
Diverts, dams up and holds back from its natural course and flow
any spring, brook or other water supply for domestic or municipal
purposes, after said water supply shall have once been taken for use
by any person or persons, corporation, town or city for his/her, their
or its use.
B.
The
offense of tampering with a water supply is an ordinance violation.
A.
A person
commits the offense of abandoning a vehicle, vessel, or trailer if
he or she knowingly abandons any vehicle, vessel, or trailer on:
1.
The right-of-way of any public road or State highway;
2.
On or in any of the waters in this State;
3.
On the banks of any stream;
4.
On any land or water owned, operated or leased by the State, any
board, department, agency or commission thereof, or any political
subdivision thereof;
5.
On any land or water owned, operated or leased by the Federal government;
or
6.
On any private real property owned by another without his or her
consent.
B.
For
purposes of this Section, the last owner of record of a vehicle, vessel,
or trailer found abandoned and not shown to be transferred pursuant
to Sections 301.196 and 301.197, RSMo., shall be deemed prima facie
evidence of ownership of such vehicle, vessel, or trailer at the time
it was abandoned and the person who abandoned the vehicle, vessel,
or trailer or caused or procured its abandonment. The registered owner
of the abandoned vehicle, vessel, or trailer shall not be subject
to the penalties provided by this Section if the vehicle, vessel,
or trailer was in the care, custody, or control of another person
at the time of the violation. In such instance, the owner shall submit
such evidence in an affidavit permitted by the court setting forth
the name, address, and other pertinent information of the person who
leased, rented, or otherwise had care, custody, or control of the
vehicle, vessel, or trailer at the time of the alleged violation.
The affidavit submitted pursuant to this Subsection shall be admissible
in a court proceeding adjudicating the alleged violation and shall
raise a rebuttable presumption that the person identified in the affidavit
was in actual control of the vehicle, vessel, or trailer. In such
case, the court has the authority to terminate the prosecution of
the summons issued to the owner and issue a summons to the person
identified in the affidavit as the operator. If the vehicle, vessel,
or trailer is alleged to have been stolen, the owner of the vehicle,
vessel, or trailer shall submit proof that a police report was filed
in a timely manner indicating that the vehicle or vessel was stolen
at the time of the alleged violation.
C.
The
offense of abandoning a vehicle, vessel, or trailer is an ordinance
violation.
D.
Any
person convicted pursuant to this Section shall be civilly liable
for all reasonable towing, storage, and administrative costs associated
with the abandonment of the vehicle, vessel, or trailer. Any reasonable
towing, storage, and administrative costs in excess of the value of
the abandoned vehicle, vessel, or trailer that exist at the time the
property is transferred pursuant to Section 304.156, RSMo., shall
remain the liability of the person convicted pursuant to this Section
so long as the towing company, as defined in Chapter 304, RSMo., provided
the title owner and lienholders, as ascertained by the Department
of Revenue records, a notice within the time frame and in the form
as described in Subsection 1 of Section 304.156, RSMo.
A.
No
person shall sell, offer for sale, have in his/her possession, exchange
for sale, use, discharge, or explode within the City any blank cartridges,
firecrackers, torpedoes, skyrockets, Roman candles, aerial salutes,
bombs, or other fireworks of any kind, except sparklers, paper caps,
and as provided herein.
B.
This
Section does not prohibit the sale or use of fireworks for pyrotechnic
displays given by an organization, amusement park, the officials in
charge of any public park, any civic organization, or group of individuals,
if such person or persons have first obtained a permit from the Council
for such displays, or the sale or use of blank cartridges for theatrical
purposes or for signal purposes in athletic contests or sporting events.
C.
Such
permit shall be issued only upon application therefor to the Council,
and after an investigation and report by the Chief of Police from
which the Council is satisfied that the public safety will not be
endangered by such display.
A person commits the offense of making a false bomb report if
he/she knowingly makes a false report or causes a false report to
be made to any person that a bomb or other explosive has been placed
in any public or private place or vehicle.
A.
Disturbing Schools. No person shall willfully or maliciously
make or assist in making any noise, disturbance, or improper diversion
by which the peace, quietude or good order of any public, private
or parochial school is disturbed.
B.
Profanity, Immoral Conduct, Etc., On School Premises. No
person shall use profane, indecent or immoral language or indulge
in indecent or immoral conduct in any building or on any property
adjacent to any building or on any property adjacent to any building
in the City occupied as a public, private or parochial school.
C.
Duty Of Person Creating Disturbance To Leave Premises Upon Request
Of Principal. Any person found to be creating a disturbance
in any private, public or parochial school or on the surrounding school
grounds or on the field or grounds lawfully used for school activities
while such recreational areas or other activities are in progress
shall leave immediately when so directed by the principal or by any
other person designated by the principal.
D.
Unauthorized Persons Not To Enter Or Remain In School Building.
1.
No person shall enter and remain in any public, private or parochial
school building at anytime who is not a regularly enrolled student,
teacher or other employee at such school, unless he/she shall have
first and immediately proceeded to the administrative offices and
identified himself/herself to the principal or the principal's designee
and received approval therefrom.
2.
It shall be unlawful for any person to enter and remain in any public,
private or parochial school, or on surrounding school grounds within
two hundred fifty (250) feet of the school building, after being requested
to leave by the principal or his/her designee.
E.
Unauthorized Borrowing Of Money, Etc., From Students In School Or
Traveling To Or From School. It shall be unlawful for any
person to borrow or attempt to borrow any money or thing of value
from any student in any public, private or parochial school or on
any public, private or parochial school property in the City or during
any time when any such student is going to or returning from any regularly
scheduled session of any school without first obtaining the written
approval of the principal of such school or other person designated
by the principal of such school to issue such written approval.
F.
Regulation Of School Grounds Activities. It shall be unlawful
for any person to be on any grounds after dark unless he/she is actively
engaged in school sponsored functions, supervised recreational activities
or is participating in an organized athletic event or as a spectator
of such event.
G.
Defacing School Property Prohibited. No person shall mark
with any substance or in any other manner deface or do damage to any
building, fence, tree, lawn or other fixture or appurtenance situated
on lands owned, occupied or otherwise used by any public, private
or parochial school in the City.
A.
BICYCLE
BICYCLE HELMET
IN-LINE SKATES, ROLLER SKATES
OPERATOR
Definitions. As used in this Section, the following terms
shall have the following definitions:
A human-powered vehicle with two (2) wheels in tandem designed
to transport by the act of pedaling one (1) or more persons seated
on one (1) or more saddle seats on the frame. "Bicycle" includes, but is not limited to, a human-powered vehicle designed
to transport by act of pedaling which has more than two (2) wheels
when the vehicle is used on a public roadway, public bicycle path
or other road or rights-of-way. This also includes a tricycle.
A piece of headgear which meets or exceeds the impact standard
for protective bicycle helmets set by the U.S. Consumer Products Safety
Commission Federal Safety Standards, those developed by the American
National Standards Institute (ANSI), the Snell Foundation or the American
Society of Testing and Materials (ASTM).
A pair of devices worn on the feet with a set of wheels attached,
regardless of the number or placement of those wheels, and used to
guide or propel the user over the ground.
A person who travels on a bicycle or tricycle seated on a
saddle seat from which that person is intended to and can pedal the
bicycle. This includes wearers of roller blades or roller skates and
users of skateboards.
B.
Every
person operating or being a passenger on a bicycle or using in-line
skates, roller skates or a skateboard on public roadway, public bicycle
path or other public rights-of-way shall wear a bicycle helmet of
good fit, fastened securely upon the head with the straps of the helmet.
C.
No
person operating a bicycle on a public roadway, public bicycle path
or other public right-of-way shall allow anyone to ride as a passenger
unless the passenger is wearing a bicycle helmet.
D.
No
parent, custodian or legal guardian of a person age sixteen (16) and
under shall knowingly permit said person to operate or be a passenger
on a bicycle or to use in-line skates, roller skates and skateboards
without wearing a bicycle helmet.
E.
Any
operator or passenger found to be in violation of this Section may
be issued a citation and summoned to appear in Municipal Court for
Berkeley, Missouri.
F.
Fines
assessed to juvenile violators (age sixteen (16) and under) will be
the legal responsibility of the violator's parent, custodian or legal
guardian; and therefore any summons issued as a result of a violation
committed by such a juvenile shall be issued to said violator's parent,
custodian or legal guardian.
G.
Any
person who shall violate provisions of this Section or who shall fail
to comply with any of the requirements thereof shall be guilty of
a misdemeanor punishable by a fine not exceeding five hundred dollars
($500.00) or be imprisoned in the City or County Jail for a period
not exceeding ninety (90) days, or both such fine and imprisonment.
[Ord. No. 4533, 4-1-2019]
A.
COMMERCIAL PURPOSE
OPERATE
REMOTE UNMANNED AIRCRAFT SYSTEM PILOT
SURVEILLANCE
UNMANNED AIRCRAFT ( also known as "DRONE")
UNMANNED AIRCRAFT SYSTEM
VISUAL OBSERVER
Definitions. For purposes of this
Section, the following words and phrases shall have the following
meanings:
Receiving anything of value resulting from the operation
of the unmanned aircraft system.
To pilot, steer, direct, fly or manage a small unmanned aircraft
through the air. The term "operate" includes managing or initiating
a computer system that pilots, steers, directs, flies or manages an
unmanned aircraft.
The person who:
The gathering, without permission and in a manner that is
offensive to a reasonable person, of visual images, physical impressions,
sound recordings, data or other information involving the private,
personal, business or familial activities of another person, business
or entity, or that otherwise intrudes upon the privacy, solitude or
seclusion of another person, business or entity regardless of whether
physical onto the land of such person, business or other entity, or
into the airspace above the land of such other person, business or
other entity in connection with such surveillance.
An aircraft operated without the possibility of direct human
intervention from within or on the aircraft. An aerial vehicle that:
An unmanned aircraft, and associated elements (including
communication links and the components that control the unmanned aircraft)
that is required for the pilot in command to operate safely and efficiently
in the national airspace system. To be part of an unmanned aircraft
system, the unmanned aircraft must be:
A person who is designated by the operator of an unmanned
aircraft system to assist the operator to see and avoid other air
traffic or objects aloft or on the ground.
B.
Operation
Provisions.
1.
Operators of unmanned aircraft systems shall adhere to applicable
Federal and State regulations, rules, in place and implemented thereafter.
2.
Unmanned aircraft systems must remain below any surrounding obstacles
within the airspace, when possible.
3.
The unmanned aircraft system must remain within visual line of sight
of the operator of such. Alternatively, the unmanned aircraft must
remain within the visual line of sight of a visual observer, provided
that the operator of the unmanned aircraft system and the visual observer
maintain effective communication with each other at all times.
4.
Operators of unmanned aircraft systems shall not intentionally operate
such over persons unprotected by shelter or moving vehicles, or within
twenty-five (25) feet from any person, building, or vehicle.
5.
Operators of unmanned aircraft systems shall not operate such in
adverse weather conditions, such as in high winds or reduced visibility.
6.
Operators or visual observers of unmanned aircraft systems shall
not be under the influence of alcohol or controlled substances when
such are in operation.
7.
Operators of unmanned aircraft systems shall ensure the operating
environment is safe and shall not operate such in a reckless or negligent
manner so as to endanger the life or property of another.
8.
Operators of unmanned aircraft systems shall not, without the consent
of the owner of the property, public utility, or appropriate governmental
entity operate such within one hundred (100) feet of or over sensitive
infrastructure or property, such as power stations, utility lines,
water treatment facilities, correctional facilities, heavily traveled
roadways, government facilities or other public utility facilities.
9.
It shall be unlawful to knowingly operate an unmanned aircraft system
directly over the private property of another without the property
owner's consent, if the operation of such:
10.
All unmanned aircraft systems shall be limited to daylight only operations.
11.
Except as may be otherwise expressly permitted by Federal or State
law, it shall be unlawful to operate any unmanned aircraft systems
weighing in excess of fifty-five (55) pounds in the City.
12.
It shall be unlawful to operate an unmanned aircraft system for surveillance
within the City limits of the City of Berkeley. It shall be unlawful
for any employee to operate an unmanned aircraft system for surveillance
within the City limits in the performance of his/her work.
13.
A remote UAS pilot must have in his/her possession an FAA commercial
remote pilot certificate and display that certificate upon request
by an authorized official such as a Police Officer if flying for commercial
purposes.
14.
It shall be unlawful to operate an unmanned aircraft system over
or adjacent to any City-sponsored event or athletic event, bicycle
race, City swimming pool, fireworks display, parade or emergency scene
such as a fire, motor vehicle accident or crime scene.
15.
An operator of an unmanned aircraft system must have in their possession
the unmanned aircraft system registration as issued by the FAA at
time of flight and display that registration upon request of an authorized
official, such as a Police Officer.
16.
A remote unmanned aircraft system pilot must have in their possession
an FAA Commercial Remote Pilot Certificate and display that certificate
upon request by an authorized official such as a Police Officer if
flying for commercial purposes.
17.
Notwithstanding the provisions set forth herein, nothing in this
Section shall be construed so as to prohibit the use of unmanned aircraft
systems by a Law Enforcement Agency, Fire Protection District or the
City of Berkeley.
18.
Notwithstanding anything to the contrary, the owner or operator of
a critical infrastructure facility as defined by the President of
the United States or the Department of Homeland Security may operate
an unmanned aircraft system for the purpose of monitoring, operating
or maintaining said critical maintenance facility.
19.
The Chief of Police is authorized to enforce the safety and security
of the public or any individual.
