COUNCIL OUTLAWS BOTTLE ROCKETS

After much discussion, two amendments and some confusion about parliamentary procedure, the Cape Girardeau City Council Monday night gave final approval to an ordinance that prohibits the sale or discharge of bottle rockets in the city.

The ordinance takes effect in 10 days but grants a temporary forbearance for anyone who buys and shoots bottle rockets this season.

The ordinance prohibits the sale or discharge of bottle rockets after Dec. 31, 2000. It does not outlaw possession of bottle rockets.

It also prohibits smoking where fireworks are sold; discharging fireworks within 300 feet of any fireworks retail site; selling or discharging fireworks within 600 feet of any church, hospital or school building; and smoking within 50 feet of any place where fireworks are sold or displayed.

Some of the prohibitions bring the city's ordinance into compliance with state law, said Fire Chief Dan White.

Bottle rockets were targeted because they create a nuisance and complaints. Councilman Melvin Gateley said fireworks distributors have said the products aren't top sellers because there are so many other items that are more colorful.

Councilman Frank Stoffregen questioned the necessity of an ordinance that would limit citizen rights. "Our rights are being etched away enough," he said. "From the federal government on down, it seems like if something is a nuisance we just make a law to ban it and get rid of it."

He also questioned the validity of making bottle rockets illegal because it could only mean more complaints to the police department. And bottle rockets likely would be just the start to banning other fireworks, he said.

In a letter to the council, Police Chief Rick Hetzel said the department received 263 complaints about fireworks discharged during a two-week period between late June and early July 1999. Those calls would amount to about three weeks of work for a single officer.

Area hospitals have reported nine injuries from bottle rockets, and the issue becomes one of public safety when the fireworks are shot inappropriately, whether at a rooftop or into a neighboring yard, Hetzel said.

The ordinance was designed to eliminate some of the complaints the department receives each year.

Councilman Jay Purcell said eliminating the sale of bottle rockets would also mean a loss of tax revenue for the city because people would drive to Jackson or Scott City to buy them. People from Illinois already drive into Missouri to buy fireworks because they can't be sold in that state.

Purcell predicted that calls of complaint would only increase once the bottle rockets were banned. "You won't just receive 263 calls but thousands of calls because now they have a reason to call when they are shot off as an illegal act."

The council accepted an amendment that would have eliminated the bottle-rocket prohibition from the ordinance. That amendment was attached and failed in a tie vote. Dr. Melvin Kasten did not attend the meeting because of illness.

The ordinance was again amended to eliminate an exemption on the hours that fireworks can be sold.

A motion to reconsider the amendment was accepted but failed by a vote of 2 to 4 because council members were confused about whether they were voting on the second amendment or the motion to reconsider the original ordinance and first amendment.

CAPE GIRARDEAU CITY COUNCIL

Monday, March 20

City Hall, 401 Independence

Public hearings

* Held public hearing to consider vacating the city's interest in a 10-foot-wide sewer and utility easement at 1802 Northbridge Drive.

* Held public hearing regarding the necessity to improve Rodney Street from National Guard Armory to Hawthorne Road.

* Held public hearing regarding the necessity to improve William Street from Sprigg to Main.

* Held public hearing regarding the necessity to improve Independence Street from Pacific to Sprigg.

* Held public hearing regarding the necessity to improve Lorimier Street from Morgan Oak Street to new Highway 74.

Consent ordinances(Second and third readings)

* Passed ordinance amending City Code relating to fireworks by prohibiting sale or discharge of bottle rockets, smoking near firework sales site and selling fireworks within 600 feet of school, church or hospital.

* Passed ordinance accepting deeds and easements from property owners for Bloomfield Road improvement projects phase two between Siemers Drive and Kingshighway.

* Passed ordinance amending Code of Ordinances changing zoning for 2855, 2861 and 2911 Bloomfield Road.

* Passed ordinance amending Code of Ordinances changing zoning for 2404 Kingsway Drive.

* Passed ordinance amending Code of Ordinances changing zoning on the south side of Brenda Kay Court fronting West End Boulevard.

* Passed ordinance amending Code of Ordinances changing the zoning of 3227 Bloomfield Road.

* Passed ordinance amending Code of Ordinances changing the zoning of 2301 Bloomfield Road and ordinance granting special-use permit to Geneva Nadine Heuer and Vernon E. Rhodes Family Partners for mini-warehouse storage buildings.

* Passed ordinance granting special-use permit to Lester Sample for a scrap iron recycling business at 503 Maple St.

* Passed ordinance granting special-use permit to Henry Maze and James Reichert for a residence at 769 Progress St.

* Passed ordinance amending City Code related to indecent exposure.

* Passed ordinance authorizing an airport assistance agreement between the State Highway and Transportation Commission and the city.

* Passed ordinance vacating the city's interest in a sewer, utility and drainage easement in Cape West Third and Cape West Eighth subdivisions.

* Passed ordinance accepting sewer easement from Ronald J. and Linda Gosche.

* Passed ordinance amending City Code to place a stop sign on Richmond Drive at Siemers Drive.

* Passed ordinance reaffirming action of council for improvements to Southern Expressway from Kingshighway to Silver Springs Road.

* Passed ordinance accepting general warranty deeds, drainage easements and temporary construction easements from property owners for Hopper Road Phase II improvements.

* Passed ordinance authorizing the city to lease real estate and approving a lease-purchase agreement in conjunction with financing the acquisition of the land.

* Passed ordinance vacating city's interest in sewer and utility easements in Northfield Subdivision.

New ordinances (First reading)

* Passed ordinance amending Code of Ordinances regarding boards and commissions.

* Passed ordinance authorizing acquisition of property for construction of Silver Springs Road north of William Street to Independence Street.

* Passed ordinance amending City Code relating to property maintenance code.

* Passed ordinance levying special assessment for extension of Siemers Drive from Bloomfield Road south to Highway 74 and I-55.

Resolutions (Reading and passage)

* Passed resolution authorizing an agreement with Burns & McDonnell Co. Inc. for water main improvements.

* Passed resolution authorizing an agreement with Missouri Department of Natural Resources for stormwater grant with Broadway Street improvements.

* Passed resolution expressing support for the April 4 bond election for the Cape Girardeau public schools.

* Passed resolution authorizing an agreement for environmental engineering services for Innovative Grant for Old St. Francis Hospital.

Other

* Accepted into city's system improvements under the 99-2 Street Overlay Program and authorizing payment to ASA Asphalt Inc.

* Approved improvement plans for sanitary sewer extension to Place Collegiate Properties Apartment complex at Sprigg and Bertling streets.

* Approved improvement plans for sanitary sewer extension to serve Phase III of Lutheran Home on Bloomfield Road.

* Denied request of Sam's Club to solicit donations at Siemers Drive and Shirley Drive for Children's Miracle Network.

* Set April 7 as the date for a special council meeting to declare results of April 4 municipal election.