City of pleasant hope missouri municipal code

Section 225.260: Concealed Weapons

Sub Section A: A person commits the crime of dangerous and concealed weapons if:

1. 
   He shall carry concealed upon or about his person, a dangerous or deadly weapon of any kind or description.
   
2. 
   He shall go into any church or place where people have assembled for religious worship or into any schoolroom or place where people are assembled for educational, political, literary or social purposes, or to any election precinct on election day, or into any courtroom during a sitting of court, or into any other public assemblage of persons met for any lawful purpose, having upon or about his person concealed or exposed any kind of firearm, bowie knife, spring back knife, razor, metal knuckles, billy, sword, cane, dirk, dagger, sling shot, or other similar deadly weapons.
   
3. 
   He shall in the presence of one or more person exhibit any deadly or dangerous weapon in a rude, angry, or threatening manner.
   
4. 
   He shall have any deadly or dangerous weapon in his possession when intoxicated.
   
5. 
   He shall directly or indirectly self- deliver, loan or barter to any minor any deadly or dangerous weapon, without the consent of the parent or guardian of such minor.
   

Sub Section B. Exceptions:

Nothing contained in this Section shall apply to legally qualified Sheriffs, police officers, and other persons whose bona fide duty is to execute process, civil or criminal, make arrests, or aid in conserving the peace, or to persons traveling in a continuous journey, peaceably through this City.

Sub Section C. Committing the crime of dangerous and concealed weapon shall be a Class A Misdemeanor.

Section 225.270: Discharge of Firearms

Sub Section A. A person commits the crime of discharging firearms if he, within the limits of the city, shoots or discharges any gun, revolver, pistol or firearm of any description, whether the firearm is loaded with powder and ball or shot or with loaded or blank cartridges or with any other kind of explosive whatsoever.
Sub Section B. Exceptions:

Nothing contained in this section shall apply to the following:

1. 
   Persons discharging firearms in defense of person or property;
   
2. 
   All state, county and municipal law enforcement officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer, or any person whose bona fide duty is to execute process, civil or criminal;
   
3. 
   Discharge of firearms within the scope of professional duty by wardens, superintendents or keepers of jails and other institutions for the detention of persons accused or convicted of crime, or by federal or state probation or parole officers, including supervisors and members of the Board of probation and parole;
   
4. 
   Members of the armed forces or National Guard while performing their official duties;
   
5. 
   Licensed shooting galleries, or gun, rifle, or sporting clubs;
   
6. 
   Performances in licensed theatres, theatrical amusements or circus exhibitions; or military funerals or patriotic observances where firing squads composed of members of veterans' associations or members of the United States or state military forces may fire salutes; or the firing of blank cartridges from pistols aimed into the air in connection with track and field events;
   
7. 
   Discharge of firearms that expel projectiles commonly known as "BBs"; and
   
8. 
   Discharge of firearms powered by compressed air or pressurized carbon dioxide gas which expels projectiles commonly known as "BBs" and/or "pellets."
   

Sub Section C. Discharging a firearm is a Class B Misdemeanor.

Section 225.280: Leaving Excavation Unguarded

Sub Section A. A person commits the crime of leaving excavation or opening unguarded if he 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.

Sub Section 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.

Sub Section C. Leaving excavation or openings unguarded shall be a Class C Misdemeanor.

Section 225.290: Sale or Use of Fireworks

Sub Section A. Definitions

"Fireworks" means any combustible or explosive composition or substance or combination of substances or article prepare for the purpose of producing a visible or audible effect by combustion, explosion, detonation or deflagration, but shall not include devices using paper caps containing 25/100ths grains or less of explosive compound.

"Seasonal Retailer" shall have the meaning prescribed 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.

"Consumer Fireworks" shall have the meaning prescribed 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.

“Fireworks Season" shall have the meaning prescribed 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.
Sub Section B. Except as provided in Sub-Sections (C) and (D) of this Section, a person commits the crime of sale or use of fireworks if he shall knowingly offer for sale, possess, manufacture or explode any fireworks with the City Limits of Pleasant Hope, Missouri

Sub Section C. Exceptions:

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 Pleasant Hope 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 crime of unlawful use of fireworks if he knowingly uses fireworks (whether or not otherwise permitted) within fifteen feet of a structure, or who knowingly throws any permitted fireworks.

1. 
   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 Pleasant Hope. 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:
   

1. 
   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;
   
2. 
   The date and time of the day and hours during which the display is to be held;
   
3. 
   The exact location planned for the display;
   
4. 
   A description setting forth the age and experience of the persons who are to do the actual discharging of the fireworks;
   
5. 
   The number and kinds of fireworks to be discharged;
   
6. 
   The manner and place of storage of such fireworks prior to the display, outlining safety precautions to be taken therein;
   
7. 
   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;
   
8. 
   The names and addresses of the individuals or organization responsible for the clean-up 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.

Sub Section D. Notwithstanding the provisions of Ordinance 222, Section 225.290(B), 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 Pleasant Hope 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 Ordinance. 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 or misdemeanor 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 Sub-Section. Each Application shall be accompanied by a Permit Fee equal to one-half (1/2) of the fee 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 Pleasant Hope, 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 50 feet to a building that is used or occupied for any commercial or business purpose or closer than 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 and of this Ordinance.
   
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 Ordinance, and the present or any future provisions of State law or Regulations, the more stringent of the two shall apply.
   

The City Clerk shall suspend the permit of any Seasonal Retailer of Consumer Fireworks who he 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 Ordinance. The permitee 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 Pleasant Hope or County of Polk to the permitee, or to any partner, member, director or officer of a permitee, or mailed certified, return receipt requested, postage fully prepaid, to the address shown in the Application of the permitee. Any suspension may be appealed within ten (10) days of the date of service or mailing by written appeal deliver 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 with five (5) business days following the receipt of such appeal. The City Clerk, represented by the City Attorney, shall present evidence that the permitee has or is violating any of the provisions of 11 CSR 40-3 or of this Ordinance, and the permitee 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 Pleasant Hope, or its effect or potential effect on the City. No permitee 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 Pleasant Hope for a period of three (3) years following the year of revocation.
Sub Section 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.

Sub Section F. The sale or use of fireworks shall be an ordinance violation punishable upon conviction with a fine up to $500.00 and/or up to ninety (90) days in the county jail. (Ordinance 262 03/07/2011)

Sub Section G. The fee for a permit to sell fireworks shall be $50.00. (Ordinance 262 03/07/2011)

Sub Section H. The illegal sale of fireworks shall be an ordinance violation punishable upon conviction with a fine up to $500.00 and/or up to ninety (90) days in the county jail. (Ordinance 262 03/07/2011)