[R.O. 2009 § 225.520; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.530; R.O. 2007
§ 225.390; Ord. No. 829 §§ 1
— 3, 4-9-1981; Ord.
No. 3321, 12-13-2016]
A.
ELEMENTS
HANDBILL
1.
2.
3.
4.
5.
LITTER
NEWSPAPER
PARK
PARKING LOT
PRIVATE PREMISES
PUBLIC PLACE
Definitions. For the purposes of this Section,
the following terms, phrases and words shall have the meanings given
herein:
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.
Any printed or written matter which:
Advertises for sale or promotional
gifts or prizes any merchandise, product, commodity or thing;
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;
Directs attention to or advertises
any meeting, exhibition, theatrical or other performance or event
of any kind for which an admission fee is charged;
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;
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.
Includes any uncontainerized man-made or man-used 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.
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.
Includes a public or private park, reservation, playground,
beach, recreation center or any public or private area devoted to
active or passive recreation.
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.
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.
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.
[R.O. 2009 § 225.540; Ord. No. 3321, 12-13-2016]
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:
[R.O. 2009 § 225.550; R.O. 2007
§ 225.400; Ord. No. 2285, 3-14-2002; Ord. No. 3321, 12-13-2016]
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 § 225.555; R.O. 2007
§ 225.405; Ord. No. 2285, 3-14-2002; Ord. No. 3321, 12-13-2016]
[R.O. 2009 § 225.560; R.O. 2007
§ 225.406; Ord. No. 2285, 3-14-2002; Ord. No. 3321, 12-13-2016]
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 § 225.565; R.O. 2007
§ 225.280; Ord. No. 763 § 3(h), 1-17-1980; Ord. No. 3321, 12-13-2016]
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 § 225.570; 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; Ord. No. 3321, 12-13-2016]
A.
CONSUMER FIREWORKS
FIREWORKS
FIREWORKS SEASON
SEASONAL RETAILER
Definitions. As used in this Section, the
following terms shall mean:
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.
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.
The period beginning on the twentieth day of June and continuing
through the tenth day of July of the same year and the period beginning
on the twentieth day of December and continuing through the second
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.
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.
C.
Exceptions.
[Ord. No. 3709, 1-25-2022; Ord.
No. 3814, 12-13-2022]
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 Code of the City of Bolivar, an individual may possess and use, in a careful and prudent manner, consumer fireworks, pursuant to the following conditions:
a.
Fireworks within the City of Bolivar
shall be allowed on and around the Fourth of July Holiday in each
calendar year on the specific dates and times as designated by the
Chief of the Fire Department. The Chief of the Fire Department will
designate the approved fireworks schedule, in writing, on or before
June 1 of each calendar year. The designated fireworks schedule for
each calendar year will be posted at City Hall and will be published
in the local Bolivar newspaper; and will be available for inspection
on the City of Bolivar's website;
b.
Fireworks within the City of Bolivar
shall be allowed on December 31 from ten o'clock P.M. (10:00 P.M.)
until one o'clock A.M. (1:00 A.M.);
c.
No individual under the age of eighteen
(18) years shall use fireworks without another adult of age providing
supervision;
e.
Fireworks are not allowed within
three hundred (300) feet from any service station; or five hundred
(500) feet from any fireworks stand, public gathering, or public building;
f.
Fireworks are not allowed on real estate property zoned and designated as commercial property except in compliance with Subsection (C)(2) of this Section;
g.
Notwithstanding any provision of this Section to the contrary, no
fireworks designated as "lanterns" or "floating lanterns" or "sky
lanterns" or "flying lanterns" or any similar names are allowed within
the City of Bolivar. For purposes of this Section, the terms "lanterns,"
"floating lanterns," "sky lanterns," or "flying lanterns" refer to
any airborne lanterns that use a flame or heat to cause the lantern
to rise into the air; and
h.
Any burn ban issued by the City of Bolivar Fire Department, regardless
of the day of the year and regardless of whether the burn ban would
encroach on the designated fireworks schedule as set forth in the
foregoing Subsections, shall also apply to the use of fireworks.
|
A person commits the offense of unlawful use of fireworks if
he/she knowingly uses fireworks in violation of any one (1) or more
of the conditions identified in this Section above.
|
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 and license for such display pursuant to Section
320.126.4, RSMo. The license and application shall then be submitted
to the Chief of the Fire Department for the City of Bolivar for consideration
and approval. No such permit shall be issued, except upon written
application therefor 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.
|
If deemed necessary by the Chief of the Fire Department, fireworks
displays under this Section may require Fire Department staff standby
and inspections pursuant to Section 320.126.4, RSMo. Costs incurred
by the City for staff or performing inspections may be billed to the
persons or entities responsible for organizing the fireworks display.
|
|
The Chief of the Fire Department 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 Chief of the Fire Department 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
(1/2) the amount 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 therefor 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.
[R.O. 2009 § 225.575; R.O. 2007
§ 225.310; Ord. No. 763 § 3(k), 1-17-1980; Ord. No. 3321, 12-13-2016]
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.
[R.O. 2009 § 225.580; Ord. No. 2993 § I, 7-14-2011; Ord. No. 3082 § I, 6-11-2013; Ord. No. 3321, 12-13-2016]
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 shall not be burned without a permit issued by the City
of Bolivar. 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.
[Ord. No.
3544, 7-9-2019]
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 Section. All land-clearing operational bums must comply with the current State regulation 10 CSR 10-6. All land-clearing operations and bums must be inspected and permitted by the City of Bolivar.
[Ord. No.
3544, 7-9-2019]
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:
K.
Permits. Pursuant to Subsections (A), (D), (E), (F), and (H) of this Section 225.580, permits are required for certain bum 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.
[Ord. No.
3544, 7-9-2019]
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).
