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 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 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.
All open wells and cisterns located within the City limits of
the City of Bowling Green, Missouri, must be covered completely so
that there remains no open space over said wells or cisterns. Said
cover must be of sufficient strength so as to support at least two
hundred fifty (250) pounds of weight located on said cover. All persons
owning property in which there are open wells existing within the
City of Bowling Green are responsible for covering said wells and
investigating their property to ascertain whether or not there are
any open wells or cisterns and to cover same.
It shall be unlawful for any person or persons within this City
to adulterate anything intended for food or drink or any drugs or
medicines.
[Ord. No. 1867, 3-19-2018]
A.
FIREWORKS
For
the purpose of this Section, the following word shall have the meaning
set out herein:
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 Part 171 to end, United States
Department of Transportation hazardous materials regulations, and
American Pyrotechnics Association 87-1 standards.
B.
Except as provided in Subsection (C), it shall be unlawful for any person, corporation or partnership of persons to keep, display or offer for sale or sell, give away, use, discharge or explode any fireworks within the corporate limits of this City.
C.
Exceptions.
1.
The Board may issue permits to civic or public organizations, fair
associations or officials in charge of public parks for pyrotechnical
displays on application stating the time and place of the display
when the Board is satisfied that the public safety will not he endangered
by the display.
2.
The use of legal fireworks shall be allowed on private property,
with permission of the property owner, on July 4 from 12:00 p.m. until
11:00 p.m. If the City has a burning ban in place at that time, no
fireworks shall be allowed under this exception.
A.
GARBAGE
LANDSCAPE WASTE
OPEN BURNING
PERSON
REFUSE
Definitions. The following words, terms and phrases,
when used in this Article, shall have the meanings ascribed to them
in this Subsection, except where the context clearly indicates a different
meaning:
Refuse resulting from the handling, processing, preparation,
cooking and consumption of food or food products.
Any accumulation of grass or shrubbery cuttings, leaves,
and other materials accumulated as the result of the care of lawns,
shrubbery, vines and trees.
The combustion of any matter in the open or in an open dump.
The combustion of any matter, except in a closed chamber; for the
purpose of this definition, a chamber shall be regarded as enclosed
when provided, during the time combustion takes place, with only such
apertures, ducts, stacks, flues or chimneys as are necessary to provide
combustion air and to permit the escape of exhaust gases.
Any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political
subdivision, State agency or any other legal entity, or their legal
representative, agent or assigns.
Any discarded matter, including garbage, or any matter which
is to be reduced in volume or otherwise changed in chemical or physical
properties in order to facilitate its discard, removal or disposal.
B.
Prohibitions/Restrictions.
1.
With the exception of landscape waste not exceeding three (3) inches in diameter, no person shall cause or allow open burning except as provided in Subsection (C) of this Section. The burning of refuse, including garbage, is prohibited by this Code without any exceptions;
2.
Allowed burning shall be between the hours of 8:00 A.M. and
6:00 P.M., and the fire shall be completely extinguished by 6:00 P.M.
During daylight saving time, allowed burning shall be extended to
8:00 P.M., at which time the fire shall be completely extinguished;
[Ord. No. 1955, 1-24-2022]
3.
No accelerants shall be used to start or maintain a fire;
4.
There shall be certified fire extinguishing equipment and/or
water supply at the burning site sufficient to completely extinguish
the fire in a reasonable period of time. The extinguishing agent must
be capable of causing the fire to immediately start to go out upon
application of such agent;
5.
Water hoses shall be equipped with nozzles, and the hose shall
be maintained charged during the period of such burning;
6.
Such fire shall be limited in size to an area of no more than
twelve (12) feet in diameter;
7.
No person shall cause or allow the burning of refuse in any
open chamber of apparatus (barrel). An enclosed chamber or apparatus
(incinerator) must be designed for the purpose of disposing of the
class of refuse being burned;
8.
Such open burning shall be allowed only on the premises on which
such landscape waste is generated;
9.
No person shall cause, build or light any fire so close to any
building or structure as to endanger such building or structure, or
on any public street, alley or sidewalk pavement. The location of
the open burning site shall be at least twenty-five (25) feet from
any building or any other structure, including fences, etc., and
10.
The fire shall be attended at all times by a competent person
of at least eighteen (18) years of age.
C.
Exemptions From Prohibition. The following activities
are not in violation of the Section:
1.
Fires set to combat existing fires. The setting
of fires to combat or limit existing fires, when reasonably necessary
in the judgment of the responsible government official.
2.
Campfire, recreational and cooking fuels. The
burning of fuels for legitimate campfire, recreational and cooking
purposes or in domestic fireplaces, in areas where such burning is
consistent with other laws; provided that no garbage shall be burned
in such cases.
3.
Burning waste gases. The burning of waste gases,
provided that in the cases of refineries all such flares shall be
equipped with smokeless tips or comparable devices to reduce pollution.
4.
Flames for heating tar, ect. Small open flames
for heating tar, for welding, acetylene torches, highway safety flares
and the like.
5.
All open burning shall be conducted in accordance with guidelines
of the Environmental Protection Agency and the Department of Natural
Resources of the State of Missouri.
[Ord. No. 1933, 9-20-2021]
D.
The Fire Chief, or his/her designee, has the authority to implement
a burn ban if it is determined that weather conditions or operational
practices make such open burning dangerous to life or property. In
the event that a burn ban is implemented, then no burning shall be
allowed until such time as the burn ban shall be lifted. Notice of
the burn ban shall be released to local media. It shall not be a defense
to an alleged violation of a burn ban that the defendant was not aware
of the ban.
E.
The Fire Chief, or his/her designee, or the Police Chief, has the
authority to extinguish any open burning fire which, in their sole
discretion, is determined to be unsafe.
F.
The Fire Chief, or his/her designee, has the authority to issue and
repeal open burning permits and a permit must be obtained prior to
any open burning under this provision.
