[Ord. No. 3922 §I, 4-28-2010]
It shall be unlawful for any person, firm or corporation to
manufacture, store, sell or offer for sale fireworks of any type within
the City limits, except as provided for by this Chapter. Provided
further, it shall be unlawful for any person, firm or corporation,
including non-profit, religious or community service organizations,
within the City limits to manufacture, store, sell or offer for sale
all fireworks.
[Ord. No. 3922 §I, 4-28-2010]
For purposes of this Chapter, the following words shall have
the meaning as set out herein:
Any combustible or explosive compositions or any substance
or articles prepared for the purpose of producing a visible or audible
effect by combustion, explosion, deflagration or detonation and shall
also include common fireworks and special fireworks as defined herein:
Common fireworks (Class C): Explosive devices
designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. This term includes aerial devices containing
no more than two (2) grains (one hundred thirty milligrams (130 mg))
of explosive composition or ground devices containing no more than
fifty milligrams (50 mg) of explosive composition, all of which are
classified as Class C explosives by regulations of the United States
Department of Transportation.
Special fireworks (Class B): Explosive devices
designed primarily to produce visible or audible effects by combustion,
deflagration or detonation. This term includes aerial devices containing
more than two (2) grains (one hundred thirty milligrams (130 mg))
of explosive composition or ground devices intended for public display.
These devices are classified as Class B explosives by regulations
of the United States Department of Transportation. Special fireworks
(Class B) are prohibited within the City limits except as part of
a permitted public display as approved by the City Council.
[Ord. No. 3922 §I, 4-28-2010]
The operator/licensee shall provide the City with documentation
establishing that any fireworks stand, temporary or permanent, or
tent is insured in an amount and manner satisfactory to the City.
Said amount and manner shall be determined from time to time by the
City Council upon the recommendation of the City Clerk.
[Ord. No. 3922 §I, 4-28-2010]
No person shall offer fireworks for sale in the City to individuals
at retail before the twenty-fifth (25th) of June and after the fifth
(5th) day of July and before the twenty-eighth (28th) of December
and after the thirty-first (31st) day of December.
[Ord. No. 3922 §I, 4-28-2010]
It shall be unlawful for any person to sell or offer for sale
any type or kind of fireworks or firecrackers within the City of Festus
without an approved license through the City Clerk's office.
[Ord. No. 3922 §I, 4-28-2010]
A.
Any
such person, firm or corporation making application for a license
shall file a written request with the City Clerk not less than thirty
(30) days prior to the fourth (4th) day of July, accompanied by a
fee of one hundred forty dollars ($140.00) per location. If application
is not approved, the fee shall be returned to the applicant. If such
application is approved, then the total fee shall be the one hundred
forty dollars ($140.00) paid with the application and three percent
(3%) of the gross receipts for each location, which shall be paid
to the City within ten (10) days after the fourth (4th) day of July
or the thirty-first (31st) day of December, whichever is applicable.
B.
All
licenses issued and approved are personal to the applicant and non-transferable
and valid for that calendar year. The sale of fireworks or operation
of place of sale by any one other than the licensee shall void the
license and cause forfeiture of the license fee.
C.
All
fireworks stands, temporary or permanent, and all tents must acquire
a building permit and be inspected by the Fire Chief or his/her duly
representative safety officer. All fireworks stands must also meet
the following:
1.
Lot must abut Highway 67, 61-67 or Highway A within the City limits
2.
Lot must be in a commercial zone.
3.
Lot must have an existing commercial use or be vacant.
4.
The ingress and egress to the lot must not cause a traffic problem
or be a safety hazard to motorists or pedestrians. Sites must be pre-approved
by Festus Police Chief or his/her duly representative safety officer.
5.
Adequate parking must be available as per the Building Official.
6.
The Fire Marshal and Fire Chief must approve all licenses.
7.
All other applicable City, fire and building codes and ordinances
must be followed.
[Ord. No. 4342 § I, 11-22-2016]
Fireworks may be discharged by individuals inside the City of
Festus, Missouri, only on the 4th day of July each year between the
hours of 10:00 a.m. to 10:00 p.m., and on December 31st starting at
11:30 p.m. to January 1st ending at 12:30 a.m. Fireworks may only
be discharged on privately owned property with the consent of the
owner and occupant of such property. All fireworks displays for public
enjoyment must be approved prior to the date of display by the City
Council of the City of Festus.
