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.
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.
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 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 person commits the offense of tampering with a water supply if he or she purposely:
Poisons, defiles or in any way corrupts the water of a well, spring, brook or reservoir used for domestic or municipal purposes; or
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.
The offense of tampering with a water supply is an ordinance violation.
A person commits the offense of abandoning a vehicle, vessel, or trailer if he or she knowingly abandons any vehicle, vessel, or trailer on:
The right-of-way of any public road or State highway;
On or in any of the waters in this State;
On the banks of any stream;
On any land or water owned, operated or leased by the State, any board, department, agency or commission thereof, or any political subdivision thereof;
On any land or water owned, operated or leased by the Federal government; or
On any private real property owned by another without his or her consent.
Definitions. As used in this Section, the following words shall have the meanings set out herein:
- FIRE ZONE
- An area in front of or adjacent to a business or other public place that has been approved as a fire zone by the Marshfield Fire Marshall and has had the curb painted and signs erected to designate the same as a fire zone.
- Remaining idle in essentially one (1) location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around and shall also include the colloquial expression "hanging around".
- PUBLIC PLACE
- Any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, or other place of business and also public grounds, areas or parks.
Loitering. It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;
Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon, and thereto.
No person, except the owner, tenant or other person in possession, or their invitees, shall loiter upon or about any public or private parking lot, not upon any parking lot provided for the customers, business invitees or employees of any commercial or industrial establishment at any time any such public or private parking lot shall be closed to use by the public or any such commercial or industrial lot shall be closed to use by customers, business invitees and employees. Any such person found loitering upon any such lot or facility at any time that signs have been previously erected giving notice that the lot is closed to use shall be presumptively loitering and in violation of this Section, which presumption shall be rebuttal.
Unlawful Parking In Fire Zones. It shall be unlawful for any person to park, or leave their automobile unattended in a fire zone. Any person who violates this provision shall be guilty of a violation of this Section.
Definitions. For the purposes of this Section 210.580, the following words shall have the meanings set out herein.
- CONSUMER FIREWORKS
- Explosive devices designed primarily to produce visible or audible effects by combustion and includes aerial devices and ground devices, all of which are classified as fireworks, UN0336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as Class C common fireworks by regulation of the United States Department of Transportation.
- DISPLAY FIREWORKS
- Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes devices containing more than two (2) grains (130 MG) of explosive composition intended for public display. These devices are classified as fireworks, UN0335, 1.3G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as Class B display fireworks by regulation of the United States Department of Transportation.
- NON-PERMANENT STRUCTURES
- Buildings and structures without permanent foundations, including tents and stands.
Period of sale limited. Seasonal retailers may only be permitted to sell consumer fireworks from the period beginning on the twentieth (20th) day of June and continuing through the tenth (10th) day of July of the same year and the period beginning on the twentieth (20th) day of December and continuing through the second (2nd) day of January of the next year.
General requirements for sale of consumer fireworks. All seasonal fireworks retailers shall have a City of Marshfield fire prevention permit prior to engaging in the sale of consumer fireworks. The following shall be conditions to the issuance of such permit:
Applicants shall submit a corporate surety bond in the principal amount of one hundred thousand dollars ($100,000.00) or a public liability insurance policy with limits of liability of not less than one hundred thousand dollars ($100,000.00) per person.
Applicable fire prevention permit fee must be paid.
Applicants must allow fire inspections of their sales location by the City of Marshfield Fire Department and the State Fire Marshal's office. Inspections should be scheduled with the Marshfield Fire Department and will be completed during normal department business hours.
All applicants must comply with State and local laws and regulations regarding the sale of fireworks.
Retail location requirements. Retail fireworks sales must be located within areas zoned "B-3 General Business District". All retail locations must meet the following requirements:
All seasonal retail sales displays must be housed within non-permanent structures.
All fireworks must be stored in the fireworks sales location and in no other buildings within the City of Marshfield and must be removed by 5:00 P.M. on July fifteenth (15th) of that year.
At least one (1) adult must be present at the location while open for business and at least one (1) adult night watchman shall be on site during the hours that the location is closed.
Retail displays may not be constructed upon highways, sidewalks, public property or in Group A or E occupancies.
All retail sales locations must maintain strict compliance with all applicable regulations set forth in the Missouri Code of State Regulations including, without limitation, 11 C.S.R. Section 40-3.010.5, 11 C.S.R. Section 40-3.010.6 and 11 C.S.R. Section 40-3.010.7), and the International Fire Code, as the same may be adopted by the City of Marshfield from time to time. Violations and complaints shall be investigated by the Fire Chief or his/her designated representative. If a violation is observed, the violator shall be subject to a fine and/or confinement as provided by Section 100.240.
Discharge lawful — when.
[Ord. No. 1811, 9-13-2018]
The discharge, detonation or shooting of consumer fireworks shall only be permitted at the following times:
Between the hours of 11:00 a.m. and 10:00 p.m. on June 20 through July 2 of each year;
Between the hours of 11:00 a.m. and midnight on July 3 through July 4 of each year;
Between the hours of 11:00 a.m. and 10:00 p.m. on July 5 through July 10 of each year;
If July 4 falls on a Monday, Tuesday, Wednesday or Thursday, then the discharge, detonation or shooting of consumer fireworks shall also be permitted between 11:00 a.m. and midnight on the immediately preceding and following Fridays and Saturdays; and
Between the hours of 5:00 p.m. on December 31 and 1:00 a.m. on January 1 of each year.
The discharge, detonation or shooting of fireworks at any other time is prohibited, except by special approval of the City of Marshfield Board of Aldermen.
If the user of fireworks has a complaint submitted against his/her prohibited discharge, detonation or shooting of such fireworks (hereinafter "prohibited use"), then the user shall be so notified by the Marshfield Police Department to cease and desist his/her prohibited use. If the user thereafter continues with such prohibited use, then he/she shall be in violation of this Code and be cited for a nuisance and shall be brought before the Municipal Court with a penalty available as outlined in Section 100.240 of this Code.
All seasonal fireworks retailers shall, at the retail sales location, prominently display the hours within which the discharge, detonation or shooting of fireworks are permitted in the City of Marshfield, as well as the penalty for violation of this Section.
Discharge lawful — where.
It shall be unlawful and an offense for any person to shoot off, discharge or explode torpedoes, firecrackers, giant-crackers, cannon-crackers, or other explosive devices of whatever kind, or any skyrockets, Roman candles or other exploding fireworks or fire display of any kind whatsoever on that part of Clay, Jefferson, Crittenden and Madison Streets composing what is commonly known as the public square or within three hundred (300) feet in any direction from the other boundaries of said public square.
In any other part of the City of Marshfield other than designated in this Subsection, it shall be unlawful and an offense for any person to shoot off, discharge or explode any torpedoes, firecrackers, giant-crackers, cannon-crackers, or other explosive devices of whatever kind, or any skyrockets, Roman candles or other exploding fireworks or fire display of any kind whatever within five hundred (500) feet of any public parade, public meeting or lawful assembly of people during such time as such parade, meeting or assembly is being held or while the people are assembling or dispersing therefrom.
It shall be unlawful for any person to ignite or discharge any fireworks within any of the following areas in the City without first obtaining a permit:
Within six hundred (600) feet of any church, hospital, asylum or public school or within one hundred (100) feet of where fireworks are stored, sold or offered for sale.
Within or throw the same from a motor vehicle, or place or throw the same into or at a motor vehicle, or at or near any person or group of people.
Within three hundred (300) feet of any gasoline pump, gasoline filling station, or any non-permanent structure where fireworks are stored, sold or offered for sale.
Licensed operator required. All fireworks displays shall be supervised, managed, or directed by an on-site operator or pyrotechnic operator licensed by the Missouri Division of Fire Safety. Any person assisting with such supervision, management or direction shall be at least eighteen (18) years of age.
Permit required. All fireworks displays shall require a permit from the City of Marshfield. Fire department officials will conduct an inspection to ensure the display complies with all State and local laws and regulations. The applicant shall furnish a bond or certificate of public liability insurance in the amount of one million dollars ($1,000,000.00) before the permit will be issued.
Unlawful to discharge in City parks. It shall be unlawful to discharge display fireworks in any City park without having first obtained the special permission of the Marshfield Fire Chief or Fire Marshal.
Cancellations. In dry, adverse or drought weather conditions, the Fire Chief, his designee or other official designated by the Board of Aldermen may cancel or limit the use of fireworks in the City of Marshfield.
Penalty. Any person who violates this Section shall be deemed guilty of an ordinance violation and shall, upon conviction, be punished in accordance with Section 110.240 of this Code.