City of Bolivar, MO
Polk County
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Table of Contents
Table of Contents
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.
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 semi-airtight container is an ordinance violation. (RSMo. §577.100, 2014 effective 1-1-2017)
[R.O. 2009 §225.235; R.O. 2007 §225.390; Ord. No. 829 §§1 — 3, 4-9-1981]
A. 
Definitions. For the purposes of this Section, the following terms, phrases and words shall have the meanings given herein:
ELEMENTS
Includes any element whether created by nature or created by man, which with reasonable foreseeability could carry litter from one place to another. Elements shall include, but not be limited to, air current, rain, water current and animals.
HANDBILL
Any printed or written matter which:
1. 
Advertises for sale or promotional gifts or prizes any merchandise, product, commodity or thing;
2. 
Directs attention to any business or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales or by other means;
3. 
Directs attention to or advertises any meeting, exhibition, theatrical or other performance or event of any kind for which an admission fee is charged;
4. 
Is predominately and essentially an advertisement, even though containing reading or pictorial matter other than advertising matter and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor;
5. 
Any other printed or written matter, any sample or device, circular, leaflet, pamphlet, paper, booklet or any other printed matter or literature which is not delivered by the United States mail, except that handbills shall not include a newspaper.
LITTER
Includes any uncontainerized manmade or manused waster which, if deposited within the City otherwise than in a litter receptacle, tends to create a danger to public health, safety and welfare or to impair the environment of the people of the City. Litter may include, but is not limited to, garbage, trash, refuse, confetti, debris, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other construction material, motor vehicle part, furniture, oil, carcass of a dead animal or noxious or offensive matter of any kind of any object likely to injure any person or to create a traffic hazard.
NEWSPAPER
Any publication that primarily publishes news, items and events, stories and other articles (even though the same may incidentally contain advertising matter) and which has a regular list of paid subscribers.
PARK
Includes a public or private park, reservation, playground, beach, recreation center or any public or private area devoted to active or passive recreation.
PARKING LOT
Includes any private or public property with provisions for parking vehicles to which the public is invited or which the public is permitted to use or which is visible from any public place or private premises.
PRIVATE PREMISES
Includes any dwelling house, building or other structure designed to be used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, mailbox or other structure belonging or appurtenant to such dwelling house, building or other structure.
PUBLIC PLACE
Includes any and all streets, boulevards, avenues, lanes, alleys or other public ways and parks, squares, plazas, grounds, sidewalks and buildings frequented by the general public, whether publicly or privately owned.
B. 
Any of the following shall be deemed "littering". It shall be unlawful for any person to knowingly:
1. 
Transport in any vehicle or by any other means or manner any loose material or articles, including, but not limited to, litter, in such a manner that it is likely such material or article will sift, fall, spill or be blown about on any park, parking lot, private premises or public place.
2. 
To fail to immediately gather up or cause to be gathered up any loose material or article, including, but not limited to, litter, that shall become blown or scattered upon any park, parking lot, private premises or public place from any vehicle.
3. 
Throw, scatter, cast, sell or hand out handbills in or upon any public place within the City; provided however, it shall not be unlawful for any person to hand out or distribute handbills in a public place to any person willing to accept such handbill without payment therefor.
4. 
Deposit or unlawfully distribute any handbill in or upon private premises except by handing or transmitting any such handbill directly to the occupant of such private premises; provided however, that in case of private premises which are not posted against the receiving of handbills or similar material, such person, unless requested by any one upon such premises not to do so, may securely place any such handbill in such a manner as to prevent such handbill from being deposited by the elements upon any park, parking lot, private premises or public place except mailboxes may not be so used when prohibited by Federal postal law or regulation and, provided further, that this Section shall not apply to the distribution upon private premises of newspapers or political literature if securely bound in a manner so as to minimize the chance that they will be carried or deposited by the elements upon any public place, park, parking lot or other private premises.
5. 
Deposit, drop, throw, scatter, cast or otherwise spread any litter within the City except in a public receptacle, authorized private receptacles or duly licensed disposal facility.
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:
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 or her own for the purpose of annoying another or others. (RSMo. §577.076, 2014 effective 1-1-2017)
[R.O. 2009 §225.420; R.O. 2007 §225.400; Ord. No. 2285, 3-14-2002]
A. 
A person commits the offense of tampering with the water supply system if he/she knowingly tampers with any buildings, pumps, pipes, lines, towers, fire hydrants or other components of the City's water supply system.
B. 
For the purposes of this Section, the term "tamper" means causing damage to or defacement of any component that constitutes a part of the City water supply system; entering into any building or facility housing any component of the City water supply system; discharging any water from a fire hydrant or any other component of the City water supply system; or removing any cap, cover or other protective device that is a part of or attached to any component of the City water supply system; or covering or otherwise obstructing any meter, valve or component so that use of said meter, valve or component becomes unaccessible to any person having authority to read, use or repair said component.
C. 
This Section shall not apply to employees of the City of Bolivar municipal, voluntary firemen or persons acting under contract with the City of Bolivar when in the discharge of their official duties or contractual obligations.
[R.O. 2009 §225.425; R.O. 2007 §225.405; Ord. No. 2285, 3-14-2002]
A. 
A person commits the offense of tampering with the water supply if he/she knowingly tampers with the water supply of the City of Bolivar, Missouri.
B. 
For the purposes of this Section the term "tamper" means:
1. 
To introduce a contaminant into the water supply of the City of Bolivar with the intention of harming persons; or
2. 
Otherwise interfering with the normal operations of the City of Bolivar public water supply system with the intention of harming persons.
[R.O. 2009 §225.430; R.O. 2007 §225.406; Ord. No. 2285, 3-14-2002]
A. 
A person commits the offense of recklessly tampering with the water supply if he/she recklessly tampers with the water supply of the City of Bolivar, Missouri.
B. 
For the purposes of this Section, the term "tamper" means:
1. 
To introduce a contaminant into the public water system with conscious disregard of a substantial or unjustifiable risk that persons may be harmed or made ill; or
2. 
To recklessly interfere with the operation of the public water supply system with conscious disregard of a substantial and justifiable risk that the normal operations of the water supply system will be interrupted.
[R.O. 2009 §225.220; R.O. 2007 §225.280; Ord. No. 763 §3(h), 1-17-1980]
A. 
A person commits the offense of leaving excavation or opening unguarded if he/she acts with criminal negligence in causing any excavation or opening to be made in or adjoining any highway, street or sidewalk or any public place within this City without proper guard.
B. 
A proper guard shall be any sign or other warning which would put a person on notice of the excavation or opening, visible day and night.
[R.O. 2009 §225.225; R.O. 2007 §225.290; Ord. No. 763 §3(i), 1-17-1980; Ord. No. 910 §§1 — 2, 10-10-1985; Ord. No. 2574, 10-13-2005]
A. 
Definitions. As used in this Section, the following terms shall mean:
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, UNO336, 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.
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 Part 171 to end, United States Department of Transportation hazardous materials regulations, and American Pyrotechnics Association 87-1 standards.
FIREWORKS SEASON
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, which shall be the only periods of time that seasonal retailers may be permitted to sell consumer fireworks.
SEASONAL RETAILER
Any person within the State of Missouri engaged in the business of making sales of consumer fireworks in Missouri only during a fireworks season as defined herein.
B. 
Except as provided in Subsections (C) and (D) of this Section, a person commits the offense of sale or use of fireworks if he/she shall knowingly offer for sale, possess, manufacture or explode any fireworks with the City limits of Bolivar, Missouri
C. 
Exceptions.
1. 
During the fireworks season in each year in all areas of the City, except the central business district as defined in Section 300.010 of the Bolivar Municipal Code, an individual may possess and use, in a careful and prudent manner, fireworks that produce only a visible effect when lighted and which are not designed nor intended to explode, propel or produce an audible explosion. Examples of permitted fireworks include those commonly known as sparklers, fountains, snakes and smoke bombs. A person commits the offense of unlawful use of fireworks if he/she knowingly uses fireworks (whether or not otherwise permitted) within fifteen (15) feet of a structure or who knowingly throws any permitted fireworks.
2. 
Fireworks may be sold or used for pyrotechnic displays given by any civic or public organization or group of individuals which shall have first obtained a permit for such display from the Mayor of the City of Bolivar. No such permit shall be issued, except upon written application therefore made at least ten (10) days prior to the date of the proposed display setting forth the following information:
a. 
The names of the individuals, organization or group sponsoring the display, together with the names of the persons actually in charge of the firing of the display;
b. 
The date and time of the day and hours during which the display is to be held;
c. 
The exact location planned for the display;
d. 
A description setting forth the age and experience of the persons who are to do the actual discharging of the fireworks;
e. 
The number and kinds of fireworks to be discharged;
f. 
The manner and place of storage of such fireworks prior to the display, outlining safety precautions to be taken therein;
g. 
A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of buildings, highways or roads and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby shade or ornamental trees, telegraph or telephone lines or other overhead obstructions;
h. 
The names and addresses of the individuals or organization responsible for the cleanup of the premises after the display is concluded.
The Mayor shall issue such permit only upon being satisfied that the display is being made by responsible persons and that the fireworks will be kept, maintained and fired in a safe and prudent manner. The Mayor may require such changes in the plans as may reasonably appear to be necessary to insure adequate protection of persons and property.
D. 
Notwithstanding the provisions of Subsection (B) of this Section, it shall be lawful for a seasonal retailer to sell "consumer fireworks" during the fireworks season subject to the following terms, provisions, conditions and restrictions.
1. 
Each seasonal retailer shall obtain and maintain a permit issued by the Missouri Division of Fire Safety pursuant to the provisions of 11 CSR 40-3.010(2)(A)(2)(E) or the comparable provisions of any future Code of State Regulations.
2. 
Each seasonal retailer shall obtain an annual permit from the City of Bolivar in addition to the retailer's State permit. The application for a permit shall be on forms provided for that purpose by the City Clerk. The application shall provide the exact name, business address and business telephone number of the applicant, the name, address and telephone number of each partner (if the applicant is a partnership), member (if the applicant is a limited liability company) and director and officer (if the applicant is a corporation), shall describe the proposed location for the sale of consumer fireworks during the fireworks season and describe the building, tent or other structure from which the sales are proposed to be made, shall attach a copy of the applicant's State permit, shall set forth a verifiable and current State sales tax number and shall certify under oath that the applicant meets all requirements for a seasonal retailer permit as set forth in 11 CSR 40-3.010 and in this Section. No permit shall be issued to any person or to an applicant if any partner, member, director or officer has been found or has pleaded guilty (whether or not sentenced as a result of such plea or finding) of a felony, misdemeanor or ordinance violation involving any violation of the provisions of the laws or regulations of the United States or any State law or regulation or of any municipal ordinance of the State of Missouri regulating the manufacture, importation, transportation, distribution, sale or display of fireworks or of the laws of the United States or any State relating to arson within five (5) years from the date of completion of any sentence or period of probation that was imposed as a result of such plea or finding of guilt. Each application shall certify under the penalty of making a false affidavit that each applicant and each partner, member, director or officer of an applicant meets the requirements of this Subsection. Each application shall be accompanied by a permit fee equal to one-half (½) charged from time to time by the State of Missouri for the sale of consumer fireworks during the fireworks season.
3. 
No permit shall be issued to any applicant, or if a partner, member, director or officer of the applicant is delinquent in the payment of any taxes due the State of Missouri or the City of Bolivar, unless the validity of such taxes is being lawfully contested by proper administrative or legal procedure.
4. 
No consumer fireworks shall be sold from a commercial building that solicits consumers to the building for the sale of products other than consumer fireworks.
5. 
No consumer fireworks shall be sold within any location that is not zoned for the sale at retail of consumer goods.
6. 
No consumer fireworks shall be sold from any building, tent or other permanent or temporary structure that is located closer than fifty (50) feet to a building that is used or occupied for any commercial or business purpose or closer than one hundred fifty (150) feet to any residential structure.
7. 
Each location for the sale of consumer fireworks may be inspected at any time by the City Fire Chief for compliance with the requirements of State law and regulations of this Section.
8. 
The regulations set forth herein shall be in addition to and not in lieu of any State law or regulation on the same subject and in the event of a conflict between the provisions of this Section and the present or any future provisions of State law or regulations, the more stringent of the two (2) shall apply.
The City Clerk shall suspend the permit of any seasonal retailer of consumer fireworks who he/she has reasonable cause to believe has or is violating any of the provisions of Chapter 3 of Division 40 of Title 11 of the Code of State Regulations or of this Section. The permittee shall be notified of any suspension and of the basis therefore in writing to be personally delivered by a Law Enforcement Officer of the City of Bolivar or County of Polk to the permittee or to any partner, member, director or officer of a permittee or mailed certified, return receipt requested, postage fully prepaid, to the address shown in the application of the permittee. Any suspension may be appealed within ten (10) days of the date of service or mailing by written appeal delivered or mailed to the City Clerk. If no appeal is made, the suspension shall become a revocation. If the suspension is appealed, an appeal hearing shall be held before the Fire Committee of the Board of Aldermen within five (5) business days following the receipt of such appeal. The City Clerk, represented by the City Attorney, shall present evidence that the permittee has or is violating any of the provisions of 11 CSR 40-3 or of this Section and the permittee shall be permitted to present evidence that no such violation has occurred or is occurring. If the Fire Committee finds by a preponderance of the evidence in favor of the action of the City Clerk, it shall affirm the suspension of the permit and either establish a date certain for an expiration of the suspension (which may be immediate) or shall order the license revoked. Such decision shall be based upon the Committee findings as to the materiality of the violation and its effect or potential effect on the safety, health and welfare of the residents and visitors to the City of Bolivar or its effect or potential effect on the City. No permittee whose permit is revoked shall be eligible for a permit for the seasonal sale of consumer fireworks within the City limits of the City of Bolivar for a period of three (3) years following the year of revocation.
E. 
It shall be lawful for the City Police or other Law Enforcement Officer to confiscate and destroy any fireworks found in the possession of any person in violation of this Section.
F. 
The sale or use of fireworks (except as specifically permitted in this Section) shall be an ordinance violation. The unlawful use of fireworks as defined in Subsection (C)(1) of this Section shall be an ordinance violation.
[R.O. 2009 §225.230; R.O. 2007 §225.310; Ord. No. 763 §3(k), 1-17-1980]
A. 
A person commits the offense of obstructing streets, sidewalk, sewer, ditch or drain if he/she acts with criminal negligence in obstructing streets, sidewalk, sewer, ditch or drain.
B. 
Obstruction, as used in the above Subsection, shall be construed in the broadest sense to include anything which would impede travel upon the streets or sidewalks or change or obstruct the course of flow of any sewer or drain, sewer, ditch, drainage ditch or any other area which commonly drains adjoining areas.
C. 
This Section shall not apply to police, firemen or other City employee in the discharge of their duties or any other person who is authorized by City Police and gives adequate warning of the obstruction as described in Section 225.565.
[R.O. 2009 §225.238; Ord. No. 2993 §I, 7-14-2011; Ord. No. 3082 §I, 6-11-2013]
A. 
Permit Requirements And Material Restrictions For Business/Trade. Per the Missouri State Department of Natural Resources, any waste generated by a business, trade, industry, salvage or demolition operation cannot be burned without a permit issued by the Department of Natural Resources or its delegated local agency. Permits will only be considered for untreated wood wastes. Wastes that may not be burned include but are not limited to tires, rubber products, hazardous materials, styrofoam, plastics, petroleum-based products, demolition waste, treated wood and any asbestos-containing material. All burning within the City limits of Bolivar, Missouri must be compliant with the following Section and the Department of Natural Resources regulations 10 CSR 10-6.045.
B. 
Burning Of Household Refuse. No person may conduct, cause, permit or allow open burning of refuse or household items within the City of Bolivar, Missouri, subject to the exceptions set forth in the following provisions of this Section.
C. 
Building Material Restrictions. No person may conduct, cause, permit or allow open burning of building materials within the City of Bolivar, Missouri. This open burning restriction includes, but is not limited to tires, rubber products, asbestos-containing materials, hazardous material, Styrofoam, plastics, petroleum-based products, treated wood and other refuse classified as construction waste by the Missouri Department of Natural Resources.
D. 
Salvage Operations By Open Burning. No person shall conduct or cause or permit the conduct of a salvage operation by open burning within the City of Bolivar, Missouri, unless such activity has been specifically authorized by the Chief of the Fire Department pursuant to Section 410.230(C)(23)(a)(4) of this Code.
E. 
Yard Waste. "Yard waste" shall be defined as leaves, grass clippings, yard and garden vegetation. The term does not include stumps, roots, or shrubs with intact root balls. The open burning of leaves and yard waste shall be allowed from sunrise until sunset, unless otherwise authorized by the Bolivar City Fire Department. A yard waste brush/burn pile shall be no larger than ten (10) feet in length by ten (10) feet in width by five (5) feet in height. Burning these materials is also permissible in short rows or in ditches in front of residences. Burning in rows or ditches requires that piles be limited to two (2) feet tall. In addition these fires shall not be in contact with City sidewalks or streets or cause a distraction to passing traffic. The following rules shall be applicable to all open burns under this Subsection:
1. 
There shall be no burning under power, telephone, television, or other utility cables.
2. 
All fires shall be attended at all times until extinguished by at least one (1) person of the age of eighteen (18) years or older.
3. 
There shall be a rake and a water hose near all fires and easily accessible where the open burning is conducted on any property with access to City or well water.
4. 
Notwithstanding the above-listed provisions of this Section, the Bolivar City Fire Department may give written permit upon inspection, but is not required to, permit the open burning of stumps, roots, or shrubs with intact root ball, or fires larger than the above-listed sizes in this Section.
F. 
Recreational Purposes. Campfires, bonfires, and other recreational fires used solely for ceremonial occasions, or for outdoor non-commercial preparation of food are allowed in Bolivar, Missouri. Fires shall include only vegetative/woody materials or untreated wood products. These fires need to be reported to Polk County Dispatch Center prior to burning in order to log their locations and contact information if needed. These fires shall be limited to twelve (12) feet wide by twelve (12) feet long by ten (10) feet tall. The following rules shall be applicable to all open burns under this Subsection:
1. 
There shall be no burning under power, telephone, television, or other utility cables.
2. 
There shall be no burning within fifty (50) feet of any structure, with the exception of small/commercially made burn pits.
3. 
A permit shall be required for any recreational fire larger than the sizes listed in this Subsection.
4. 
All fires shall be attended at all times until extinguished by at least one (1) person of the age of eighteen (18) years or older.
5. 
There shall be a rake and a water hose near all fires and easily accessible where the open burning is conducted on any property with access to City or well water.
6. 
Notwithstanding the above-listed provisions of this Section, the Bolivar City Fire Department may give written permit upon inspection, but is not required to, for fires larger than the sizes listed in this Subsection.
7. 
Small residential fire pits, for recreational use, do not require the need for inspection or notification for use within the City limits.
G. 
Authorized Fire Training. Notwithstanding any other provisions of this Section, the Bolivar Fire Department may conduct open burning of any materials for training and for other necessary purposes as authorized in Section 105.111 or any other Section of this Code so long as such burning is otherwise lawful under State, Federal and local laws and regulations, and so long as such burning is done with the knowledge, approval, and supervision of the City's Fire Chief or a training officer designated by the Fire Chief.
H. 
Open Burning in Land-Clearing Operations. Burning associated with land-clearing operations are not subject to the restrictions of the above-listed yard waste burning in Subsection E of this Code. All land-clearing operational burns must comply with the State regulation 10 CSR 10-6 Section 4.
I. 
Burning in Public Prohibited. No open burning of any kind shall be allowed in the paved portion of any public street, sidewalk or parking lot.
J. 
Designation of No-Burn Days. The Fire Chief of the Bolivar City Fire Department or his designee is hereby authorized to designate individual days as no-burn days for all open burning within the City limits. On days designated as no-burn days, all open burning is prohibited, unless specifically permitted by the Fire Chief or his designee. On all other days, open burning shall be allowed, subject to any applicable restrictions contained within this Section of the City Code. The designation of no-burn days shall be based upon one (1) or more of the following criteria:
1. 
Atmospheric conditions that prevent smoke from rising freely;
2. 
When excessively dry conditions exist;
3. 
Sustained winds greater than ten (10) miles per hour; or
4. 
Frequent wind gusts greater than ten (10) miles per hour.
K. 
Permits. Pursuant to Subsections D, E, and F of this Section 225.580, permits are required for certain burn conditions. All other open-burn allowances as described in this Section do not require a permit from the Fire Department. The City of Bolivar reserves the right to burn in situations that do not require a permit from the Fire Department, but follow all State and national regulations. Any violations of any part of this Section of the City Code will be subject to Subsection L as listed below.
L. 
Penalties For Violation. The violation of any provision of this Section will be punishable as an ordinance violation pursuant to Section 100.220 of this Code. Additionally, all burning that is considered a nuisance shall be extinguished as per City Code Section 235.010(B)(27).