City of Marceline, MO Article IV Offenses Concerning Public Safety

Section 210.520 Abandonment Of Airtight Or Semiairtight Containers.

A. A person commits the offense of abandonment of an airtight or semiairtight container if he/she knowingly abandons, discards, or permits to remain on premises under his/her control, in a place accessible to children, any abandoned or discarded icebox, refrigerator, or other airtight or semiairtight 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 semiairtight container located in that part of a building occupied by a dealer, warehouse operator or repair person.

C. The defendant shall have the burden of injecting the issue under Subsection (B) of this Section.

D. The offense of abandonment of an airtight or semiairtight container is an ordinance violation.

Section 210.530 Littering.

A person commits the offense of littering if he/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.

Section 210.540 Littering Via Carcasses.

A. A person commits the offense of unlawful disposition of a dead animal if he/she knowingly places or causes to be placed the carcass or offal of any dead animal:

1. Into any well, spring, brook, branch, creek, pond, or lake; or

2. On any public road or highway, river, stream, or watercourse or upon premises not his/her own for the purpose of annoying another or others.

Section 210.550 Tampering With A Water Supply.

A. A person commits the offense of tampering with a water supply if he/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.

Section 210.560 Fireworks.

[R.O. 2003 § 210.185; Ord. No. 7.001 §§ 7.695 — 7.705, 6-18-1985; Ord. No. 7.011 § 1, 5-16-1989; Ord. No. 7.026 § 1, 9-18-2001; Ord. No. 09-03.2 § 1, 3-17-2009]

A. Except as otherwise herein permitted, no person shall manufacture, sale, store, fire or discharge any consumer fireworks as defined in Section 320.106, RSMo.

B. Definitions. As used in this Section, the following terms shall have these prescribed meanings:

FIREWORKS

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 171 to end, United States Department of Transportation hazardous materials regulations.

C. Permit Required For Seasonal Retailer. A permit shall be obtained by seasonal retailers from the City for the retail sale of fireworks to consumers. As a condition precedent to the issuance of a permit by the City, the proposed applicant shall show proof of a state permit as required in Chapter 320, RSMo. Upon the issuance of the permit, fireworks may be sold in accordance with the terms of said permit only during the period of June 20 through July 5 of the same year.

D. Seasonal Retailer Permit Applications. Applications for seasonal retailer permits shall be made in writing on or before May 15 of each year. The sale of fireworks shall be lawful under the specific terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein. Each applicant shall be required to complete and deliver to the City Clerk an application in a form approved by the City. The City retains the authority to reject any application submitted to a person whose permit has been revoked as a result of a conviction for possession or sale of illegal fireworks, has unpaid taxes owed to the City, or whose permit was revoked for failure to comply with this Section. No permit shall be issued to a person under the age of eighteen (18) years. The fee for the issuance of a permit in order to reimburse the City for the costs of issuing and enforcing the permit is twenty-five dollars ($25.00) per year per sales location. Permit shall be displayed in the place of business.

E. Discharging. It shall be unlawful for any person to discharge any form of fireworks within the City except as provided below:

1. It shall be lawful to shoot or detonate consumer fireworks, as defined in Section 320.106, RSMo., within the City limits of the City of Marceline between July 1 and July 4 unless the City Manager or Fire Chief have determined that weather conditions have created a situation where the discharge of fireworks would constitute a fire hazard. The discharging of consumer fireworks shall be permitted between the hours of 10:00 A.M. and 11:00 P.M. from July 1 through July 3; between the hours of 10:00 A.M. and 1:00 A.M. July 4 through July 5. It shall be unlawful for any person to possess, throw, use, explode, detonate or shoot, within the City limits, bottle rockets, rockets of all types and size, and any and all fireworks with an aerial trajectory having a cylinder or cartridge that is not intended to be completely consumed before landing.

2. "Display fireworks" displays at specified times and dates are permissible for organizations, firms, corporations or person(s) upon application and approved by the City Manager.

3. Permits requested from the City for a display fireworks display shall be issued for a special one (1) day fireworks display and shall be located, discharged or fired in a manner which will not be hazardous to any person or property. Prior to a permit being issued, proof of financial responsibility, in an amount satisfactory to the City, to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporations or any agent or employee thereof shall be submitted. The permittee shall be required to provide evidence that he/she has a current license to discharge fireworks for public displays from the State of Missouri in accordance with Chapter 320, RSMo. If a permittee is not licensed by the State, he/she shall be required to provide proof of experience and competence in the discharge of fireworks for public displays. The City shall make this determination based on permits issued by other jurisdictions, background information of the applicant(s), etc., and the issuance of said permit shall be left solely to the discretion of the City. After a permit has been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. A copy of all permits issued for display fireworks displays shall be forwarded to the State Fire Marshal's office. No permit granted shall be transferable and may be revoked at any time for any reason by the City.

F. General Requirements And Prohibited Acts.

1. It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such a manner that the explosion of same will be likely to endanger or cause injury or damage to any person or property.

2. No permissible fireworks may be sold at retail without the securing of the applicable City business license in addition to the permit required hereinabove. The license and permit must be on display at the location where the retail sale takes place.

3. At all places where fireworks are sold or displayed, the words "No Smoking" must be posted in letters at least four (4) inches in height.

4. No fireworks shall be discharged within six hundred (600) feet of any church, hospital or place where gasoline, petroleum products, propane or flammable gas or chemicals are sold or stored.

5. No fireworks shall be stored, kept or sold within three hundred (300) feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building or location in which gasoline, propane or volatile or flammable gases or chemicals are sold or stored in quantities in excess of one (1) gallon.

6. No fireworks shall be discharged within one hundred fifty (150) feet of any fireworks retail sales location.

7. No person shall expose fireworks in any window where the sun may shine through glass on the fireworks displayed. It is unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed, except where the fireworks are in the original package. All fireworks, which the public may examine, shall be kept for sale in original packages, except where an attendant is on duty at all times where such fireworks are offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty. One (1) or more signs reading "FIREWORKS — NO SMOKING" shall be displayed at all places where fireworks are stored or sold in letters not less than four (4) inches in height.

8. It is unlawful to permit the presence of lighted cigars, cigarettes, pipes or other open flame in any store or premises where fireworks are offered for sale or within ten (10) feet thereof.

9. No person shall ignite or discharge any fireworks within or throw the same from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people.

10. Any stand, facility or premises used for the retail sale of fireworks shall be equipped with at least two (2) operable fire extinguishers which shall be kept in close proximity of the stock of fireworks.

11. All fireworks shall be contained in their original packaging.

12. No fireworks shall be stored in any residential area except for quantities for personal or family use. If fireworks are being stored for resale, such storage shall be exclusively in industrial or commercial zones and the City shall be notified of, and approve in advance, each such storage location.

G. Penalty Provisions.

1. Fine And Imprisonment. Any person who violates any of the provisions of this Section shall be deemed guilty of a violation of an ordinance and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in jail for not more than three (3) months, or by both such fine and imprisonment.

2. Forfeiture Of License And Permit. Violation of the provisions of this Section, in addition to a fine or imprisonment, shall cause an immediate and automatic revocation of all licenses or permits issued pursuant to this Section.

3. Seizure Of Fireworks. Enforcement officials may seize, take, remove or cause to be removed and disposed of, at the expense of the owner, all stocks of fireworks offered or exposed for display or sale, stored or held or possessed in violation of this Section.

Section 210.570 Temporary Street Closure/Obstruction Of Streets With Structures — Exceptions.

[R.O. 2003 § 210.190; Ord. No. 7.001 § 7.760, 6-18-1985; Ord. No. 20-12.11, 12-15-2020[1]; Ord. No. 20-12.14, 12-18-2020]

A. Except as provided in Chapter 625 of the Municipal Code and Subsection (B) hereof, it shall be unlawful for any person, association or organization to close any public street in the City, full or partial, or to erect or cause to be erected upon any public street in the City any tent, booth, amusement ride, concession stand, platform or other structure or obstruction which shall hinder free use of said streets for vehicular or pedestrian traffic.

B. Any person, association or organization shall make written application to the City for permission to temporarily close public streets of the City and/or to erect upon the public streets, tents, booths, amusement rides, concession stands, platforms or other structures, not to exceed a 72-hour period. Such application shall be made as soon as possible prior to a scheduled event to ensure availability of City resources, preparation and required scheduling.

C. If the City shall find the request is in the best interests of the community and is not a detriment to public safety or City resources, authorization will be provided, in writing, to such applicant for such use of the public streets and shall designate any limitations or prohibition relating to the temporary closure or obstruction of the public streets.

D. The City Manager shall have authority to authorize full/partial street closure requests for annually reoccurring events and special circumstances as they pertain to Marceline R-V events, to include but not limited to:

1. Halloween seasonal events.

2. Homecoming parade.

3. Wine and art stroll.

4. Train show.

5. Downtown car show.

6. Independence day celebration events.

7. Annual sponsored fun-run events (partial closures).

8. Marceline R-V events at the football field and City ball fields.

9. Any event being held in correlation to Subsections (D)(1) — (8) above.

E. The Marceline City Council shall be the approving authority for all other requests not listed in Subsection (D).

[1] Editor's Note: Ord. No. 20-12.11 also changed the title of this Section from "Obstruction Of Streets With Structures — Exceptions" to "Temporary Street Closure/Obstruction Of Streets With Structures — Exceptions."

Section 210.580 Impeding Use Of Streets, Sidewalks Or Alleys.

[R.O. 2003 § 210.200; Ord. No. 7.001 § 7.765, 6-18-1985]

A. A person commits the offense of impeding the use of streets, sidewalks or alleys if he/she shall interfere with, impede or obstruct the free use of any street, sidewalk or alley by another by:

1. Coasting, roller-skating, roller-blading, ice skating, skateboarding or the use of a scooter on any street, sidewalk or alley;

2. Flying kites on any street, sidewalk or alley;

3. Playing baseball, football, soccer or any other game or sport on any street, sidewalk or alley;

4. Sitting, standing, lying or loitering on any street, sidewalk or alley; or

5. By any other conduct which impedes or obstructs the free use of any street, sidewalk or alley by another.

Section 210.590 Sidewalks And Obstructions.

[R.O. 2003 § 210.210; Ord. No. 7.001 § 7.767, 6-18-1985]

A. No two (2) or more persons shall assemble upon any sidewalk, street crossing or street corner or in front of any public sidewalk or place and there remain loafing and loitering or spending their time in idleness so as to obstruct the sidewalk, street crossing or street corner; and no person shall conduct himself/herself upon the streets or sidewalks of the City so as to endanger the safety of other persons.

B. No person shall erect or cause to be erected any stairway on the outside of any buildings in such a manner as to occupy any part of or overhang or obstruct or interfere with the free use of any public sidewalk or part thereof; nor shall any person so construct or excavate for any areaway, cellarway or stairway leading to any cellar or basement or other place, or lay or cause to be laid any doorstep extending into taking up or interfering with the free and entire use of any part of any public sidewalk.

C. No person shall injure or obstruct any public sidewalk, alley or other public highway or any part thereof or connection therewith, in any manner whatsoever, as so to prevent the full and free use of the same by the public. Provided, it shall not be a violation of this Section for merchants to use any street or sidewalk temporarily in the necessary reception and discharge of merchandise nor for persons engaging in building to deposit material thereon in front or on the side of the lot where such building is being erected; but in no event shall building materials be deposited on any street or sidewalk as herein provided as to take up or prevent the free use of more than one-half (1/2) of the width of such sidewalk or street.

D. No person shall within the City place or cause to be placed upon any street, avenue, sidewalk or other public highway, any lumber, laths, ties, timbers, stone, dirt or other substance or any building material, so as to constitute an obstruction thereon and leave the same unguarded during the nighttime.

E. No person shall construct or maintain across any sidewalk a depression for the carrying off of water.

F. No person shall without proper authority remove, break or extinguish any lantern, flare or other danger signal which has been placed on any street, alley, sidewalk, parking or other highway or portion of a highway for the purpose of guarding against accidents.

Section 210.600 through Section 210.650. (Reserved)