A.
It
shall be unlawful for any person to erect or maintain or for any property
owner or occupant to allow to be erected or maintained on any property
within the City, any fence equipped with or having barbed wire, spikes,
or any similar device or any electrical charge sufficient to cause
an electric shock.
B.
It
shall, however, not be unlawful, under this Section to maintain a
barbed wire fence so long as said barbed wire is at least six (6)
feet above the ground and at least one (1) foot within the property
line of the owner's or occupant's property and so long as said property
is located within an industrial or business zoning classification.
It shall be unlawful for any real estate agent, salesman, or
broker, or any agent thereof, directly or indirectly, to solicit,
or attempt to solicit, any owner of single-family residential real
property located within the City of Berkeley for the purpose of having
such owner sell or lease any such single-family residential property,
or for the purpose of having said owner list for sale or lease any
such single-family residential property, or for the purpose of having
said owner list for sale or lease any such single-family residential
real estate located within the City of Berkeley.
All human bodies buried in any cemetery within the City limits
of the City of Berkeley shall be buried at least six (6) feet or deeper.
[Ord. No. 4577, 10-21-2019[1]]
A.
CITY BUILDINGS
CITY VEHICLES
EMPLOYEE
Definitions.
The following words, terms or phrases, whenever used in this Section
shall be construed as follows:
All buildings owned and operated by the City. This includes
police and fire bays.
All vehicles owned and operated by the City and its employees.
Any person hired by the City, full-time, part-time, seasonal,
or temporary.
B.
Prohibition
Of Smoking In Enclosed Places Of Employment, City Vehicles, And Other
Public Places.
1.
It shall be unlawful for any person within an enclosed place of employment,
or City vehicle to possess lighted or heated smoking materials in
any form, including but not limited to the possession of lighted or
heated cigarettes, cigars, pipes or other tobacco products; including
e-cigarette products.
2.
It shall be unlawful for any person within an enclosed public place,
or within any other places hereinafter specified, to possess lighted
or heated smoking materials in any form, including but not limited
to the possession of lighted or heated cigarettes, cigars, pipes or
other tobacco products, including but not limited to the following
places:
a.
Elevators in public buildings.
b.
Restrooms in public buildings.
c.
Any indoor place of entertainment or recreation, including, but not
limited to, civic center, and swimming pool.
d.
Police Sally-port, fire bays, public works, and parks buildings.
e.
Any other area used by the public or serving as a place of work.
f.
Council chamber, place of meeting or public assembly, under the control
of any board, council, commission, committee, including, but not limited
to, joint committees.
g.
All enclosed areas owned by the City.
h.
Rooms in which meetings or hearings open to the public are held.
i.
Sidewalks, driveways, parking lots, and other open areas within twenty-five
(25) feet of the entry to any building owned or occupied by any governmental
entity, or within twenty-five (25) feet of the entry to any building
open to the public. Signs shall be posted. See Appendix A for examples
of said signs on file in the City offices.
3.
It shall be unlawful to dispose of smoking waste, or to place or
maintain a receptacle for smoking waste, in an area in which smoking
is prohibited under this Section.
C.
Establishing A Smoke-Free Workplace. Notwithstanding any other provision of this Section, the Council declares that the City of Berkeley is a smoke-free workplace. No person shall smoke in places so declared and posted with signs pursuant to Subsection (B) of this Section.
D.
Enforcement.
This Section shall be enforced by the City Manager or any authorized
designee of the City Manager. Every department head and manager shall
enforcement this policy.
E.
Penalties.
Employees who violate this policy, shall be subject to disciplinary
action in accordance to the City's Personnel Handbook.
[1]
Editor's Note: Ord. No. 4577 also changed the title of this
Section from "Smoking Within City Buildings and City Vehicles" to
"Establishing A Smoke-Free Workplace."
A.
Subject
to certain exceptions mentioned hereinbelow, no person shall be permitted
to barbecue or conduct outdoor cooking in front of the building line
of any single-family dwelling, multi-family dwelling or commercial
structure.
B.
In the event that a residential dwelling does not have a rear yard, then outdoor cooking or barbecuing shall be permitted on certain designated holidays only, as defined in Subsection (C), subject to the following conditions:
1.
No more than two (2) persons will be permitted to attend the barbecue
unit or cooking apparatus per dwelling unit.
2.
The time during which outdoor cooking or barbecuing is permitted
shall be between the hours of 12:00 P.M. and 7:00 P.M.
3.
No alcoholic beverage may be visible within one hundred fifty (150)
feet of the barbecue unit or outdoor cooking apparatus.
4.
No loud music or other loud noises of any sort will be permitted.
5.
Any food which is prepared under the guidelines of this Section shall
not be consumed in front of the building line on the premises.
6.
Barbecue units or cooking apparatus shall be of a moderate size for
use intended to serve a nuclear family unit with a few guests.
C.
Holidays. The following are the designated holidays as they
pertain to this Section.
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New Years Day
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Super Bowl Sunday
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Martin Luther King Day
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Easter
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Memorial Day
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July 4th
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Labor Day
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Veterans Day
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Thanksgiving
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Christmas
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December 31st
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A.
It
shall be unlawful for any person, corporation, firm, or individual
to use or store any type of grill, oven, kettle or other implement
commonly used for cooking of foods, in front of the building line
of any residential property within the City of Berkeley.
B.
Any grill, oven, kettle or other implement of cooking so used, stored or placed so as to violate this Section is hereby declared a nuisance subject to confiscation and abatable pursuant to Section 215.020 of the Municipal Code of the City of Berkeley.
C.
Any
person, corporation, firm, or individual violating the terms of this
Section shall, upon conviction, be deemed guilty of a misdemeanor
and may be subject to punishment of a fine not to exceed five hundred
dollars ($500.00) and/or imprisonment or incarceration in jail which
term shall not exceed ninety (90) days.
A.
It
shall hereafter be unlawful for any person to erect, place or maintain
a heating or cooling unit in the front of any building within the
City limits of Berkeley, Missouri.
B.
This
Section shall restrict placing ventilating, heating, cooling, air
conditioning and refrigeration systems, incinerators and other energy-related
systems in the front of any building.
C.
This
Section shall not apply to window heating or cooling units.
D.
This
Section shall not apply to units situated in the front of a building
prior to its August 16, 1999.
E.
Any
person who shall violate provisions of this Section, or who shall
fail to comply with any of the requirements thereof, or who shall
install energy-related systems in the prohibited areas, shall be guilty
of a misdemeanor punishable by a fine not exceeding five hundred dollars
($500.00), or be imprisoned in the City or County Jail for a period
not exceeding ninety (90) days, or both such fine and imprisonment.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such hereunder.
A.
It
shall be unlawful for any person to engage in any game or recreational
activity upon any street or roadway or to walk upon the traveled portion
of any street or roadway in any manner so as to:
B.
It shall be unlawful for any parent, guardian or any other custodian or person having responsibility for the care of any child under the age of seventeen (17) years to knowingly suffer or permit such child to violate the provisions of this Subsection. It shall be prima facie evidence that such person acted knowingly as to the conduct of the child involved if it is shown by competent evidence that the defendant had been personally informed that the child had previously engaged in conduct prohibited by Subsection (A) and of the responsibilities imposed by this Subsection.
C.
Any
person convicted of committing an offense established by this Section
shall be subject to punishment by a fine not to exceed five hundred
dollars ($500.00), by imprisonment not to exceed ninety (90) days,
or both.
A.
It
shall be unlawful to place any type of apparel, bedding, towel or
like materials on, around or about a window of any residential or
commercial structure, if same can be seen from a public right-of-way.
This Section does not prohibit the placement of draperies of any kind
upon windows.
B.
It
shall be unlawful for any property owner to allow his/her property
within the City to be in a condition that is inconsistent with this
Section.
C.
Any
person violating this Section shall be subject to a fine, upon conviction,
of up to one thousand dollars ($1,000.00) and/or incarceration up
to ninety (90) days.
A.
DONATION RECEPTACLE
Definitions. As used in this Section, the following term
shall have the prescribed meaning:
Any receptacle detached from the main building and used solely
for the collection of clothing, furniture, housewares, small electrical
appliances, household textiles, toys and other small household items.
B.
Donation Receptacles. Donation receptacles shall only be
kept if such receptacles are permitted by express authorization in
this Code, by site plan approval or by special use permit. All donation
receptacles shall be maintained in a neat and sanitary condition and
shall comply with the following requirements:
1.
All donation receptacles shall be located behind or at the rear of
the main commercial structure on the premises. All receptacles shall
be adequately secured on an adequate foundation or paved surface.
2.
All donation receptacles shall be located at least one hundred (100)
feet from any public right-of-way. At least one (1) parking space
will be provided for individuals depositing donations at the receptacle.
3.
All receptacles shall be maintained in such a condition so that the
interior of the receptacle is fully enclosed and no materials are
visible from any point outside the receptacle.
4.
There shall be no storage of donated items outside of the provided
receptacle.
5.
Each receptacle shall be emptied and materials collected at least
once per week or immediately upon the receptacle reaching capacity,
whichever occurs earlier.
6.
No food, waste or hazardous materials shall be collected.
7.
Illegally dumped items shall be picked up nightly, or as required,
in order to maintain a neat and orderly appearance. Illegally dumped
items and food, waste or hazardous materials improperly dumped in
or near the receptacle shall be properly disposed of immediately by
the property owner.
8.
No sorting, distribution or sale of collected materials may occur
on the premises.
