[Ord. No. 19 §93-41; Ord. No. 540, 4-12-1993]
A.
Purpose. Open and abandoned excavations upon property lying
within the City are deemed to be attractive and dangerous nuisances
to children and to be in other respects a menace to the public health
and safety. Therefore, it is necessary to regulate excavation within
the City of Herculaneum.
B.
Ongoing Excavation. Any owner or lessee of property, or
any contractor working upon property in connection with any lawful
construction project, must take steps to alleviate any danger to the
public by covering said excavation to the extent possible and warning
of said excavation. All excavations shall be roped or barricaded in
such a way to prevent the general public from being injured in such
an excavation.
C.
Abandoned Excavation. Whenever it shall appear that a construction
project, in connection with which an excavation was either wholly
or partially made, has been abandoned, and that such excavation has
not been completely filled or completely covered, the Board shall
cause a written notice to be served upon the owner or lessee of such
property, either personally or by registered mail, calling attention
to the existence of such excavation, the apparent abandonment of the
project in connection with which the same was made and directing the
excavation to be completely filled or completely covered within a
period of seventy-two (72) hours from the date of such notice. For
those excavations which were intended to be basements of buildings,
the excavation need not be completely filled or covered within a period
of seventy-two (72) hours, but such excavation shall begin to be filled
within seventy-two (72) hours, and will be completely filled or completely
covered within a reasonable time after receiving notice from the Board.
Immediately after receiving such notice, the owner or lessee of land
containing any abandoned excavation shall take the precautionary measures
required for ongoing excavations. No ongoing construction of a home
or building shall be deemed abandoned if progress on the construction
is being made.
D.
Violations And Penalties. Any person who shall violate or
who shall fail to comply with the provisions of this Section shall,
upon conviction in Municipal Court, be found guilty of a misdemeanor.
Such person shall be punished by a fine of not less than five dollars
($5.00) nor more than five hundred dollars ($500.00) to be imposed
and collected in a like manner as fines are imposed.
[Ord. No. 19 §93-42]
It shall be unlawful for any person to leave or permit to remain
outside of any dwelling, building or other structure, or within any
unoccupied or abandoned building, dwelling or other structure under
his control, in a place accessible to children, any abandoned, unattended
or discarded icebox, refrigerator or other container which has an
air-tight door or lid, snaplock or other locking device from the icebox,
refrigerator or container.
[Ord. No. 19 §93-43]
It shall be unlawful within the City to package, sell, give,
trade or otherwise convey any article for use in or around the household
in a polyethylene bag, or bag of similar physical properties, or sell
or distribute any polyethylene bag, or bag of similar material for
use in and around the household, unless the bag bears a warning against
the hazard of suffocation by children in the following or substantially
equivalent wording.
"WARNING: KEEP THIS BAG AWAY FROM BABIES AND CHILDREN. DO NOT
USE IN CRIBS, BEDS, CARRIAGES, OR PLAY PENS. THIS FILM MAY CAUSE SUFFOCATION."
The warning shall be printed on, attached to or accompany each
bag; provided, that it shall be permissible to print the warning on
the outside wrapper of bags intended for home processing use only,
e.g. freezer bags, garbage disposal bags, in lieu of on each individual
bag.
The warning shall be prominently and conspicuously displayed
in bold face type, in accordance with the following table:
Total of the length and width of the bag, combined.
|
60 inches or more
|
24 points
| |
|
40 inches, but less than 60 inches
|
18 points
| |
|
30 inches, but less than 40 inches
|
14 points
| |
|
Less than 30 inches
|
10 points
|
|
For the purpose of this Section, a "plastic bag" shall mean
a bag made of polyethylene film or similar material, intended for
household use or for packaging articles intended for household use
which is larger than forty (40) square inches at the opened end, or
a capacity of more than one hundred twenty-five (125) cubic inches
and is made of film less than one mil (one thousandth inch) in thickness,
according to standards established by the commodity standards division
of the U.S. Department of Commerce.
|
[Ord. No. 19 §93-44; Ord. No. 08-2008 §1, 1-28-2008]
A.
For
the purposes of the Code of the City of Herculaneum, the term "peddle" or "peddling" shall mean displaying,
selling, offering to sell or advertising for sale, by any means whatsoever,
any goods, wares, merchandise, refreshments or foodstuffs upon the
streets and highways within the City of Herculaneum.
B.
No person shall peddle without having a valid peddler's license issued pursuant to Section 610.090 of this Code.
C.
Peddling
shall not be allowed between the hours of 8:00 P.M. and 8:00 A.M.
of the following day.
D.
No
person shall operate or cause to be operated, used or cause to be
used any vehicle upon the streets and highways within the City for
the purposes of peddling between the hours of 8:00 P.M. and 8:00 A.M.
of the following day.
E.
The
provisions of this Section shall not apply to any person engaged in
the delivery of goods, wares, merchandise or other articles or things
in the regular course of business to the premises of persons ordering
or entitled to receive the same.
[Ord. No. 19 §93-45; Ord. No. 08-2008 §2, 1-28-2008]
A.
For
purposes of this Code, the term "hawk" or "hawking" shall mean going upon land, upon which is situated
a private residence, for the purpose of soliciting or for the sale
of goods, wares and merchandise or for the purpose of disposing or
selling the same without first having been requested or invited to
do so by the owner or occupant of the private residence.
[Ord. No. 19 §93-46]
Any person who shall commit, attempt to commit, conspire to
commit or aid or abet in the commission of any act declared in this
Code to be in violation of the ordinances of this City, whether individually,
or in connection with one or more other persons, or as a principal,
agent or accessory, shall be guilty of such offense, and every person
who falsely, fraudulently, forcibly or willfully induces, causes,
coerces, requires, permits or directs another to violate any provision
of this Code is likewise guilty of such offense.
