Editor's Note — Ord. no. 1648 §1, adopted January
27, 2010, repealed ch. 220 "fireworks" and enacted new provisions
set out herein. Former ch. 220 derived from CC 1992 §§225.010
— 225.050; R.O. 1979 §§9.600, 9.650; ord. no. 275
§4, 6-20-1973; ord. no. 447 §§1 — 3, 6-21-1988;
ord. no. 498 §2, 6-26-1989; ord. no. 541 §2, 3-25-1991.
[Ord. No. 1648 §1, 1-27-2010]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated below:
Explosive devices designed primarily to produce visible or
audible effects by combustion. This term includes aerial devices and
ground devices, all of which are classified as fireworks, UNO336,
1.4G by regulation of the United States Department of Transportation,
as amended from time to time and which were formerly classified as
class C common fireworks by regulation of the United States Department
of Transportation.
Explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation. This term
includes devices containing more than two (2) grains (130 mg) of explosive
composition intended for public display. These devices are classified
as fireworks, UNO335, 1.3G by regulation of the United States Department
of Transportation, as amended from time to time and which were formerly
classified as class B display fireworks by regulation of the United
States Department of Transportation.
[Ord. No. 1648 §1, 1-27-2010]
The Board of Aldermen hereby grants permission in accordance
with the provisions of this Chapter for the limited sale and discharge
within the City of consumer fireworks. Only fireworks commercially
produced and prepackaged fireworks. Except as expressly set forth
in this Chapter all other sales and discharges of fireworks are prohibited.
[Ord. No. 1648 §1, 1-27-2010; Ord.
No. 1747 §1, 4-23-2013]
A.
It shall be unlawful for any person to sell or offer for sale any
type or kind of fireworks within the corporate limits of the City
of Platte City except permitted consumer fireworks may be sold June
20 to July 4. Closing hours shall be 11:00 P.M. daily with opening
hours being approved by the Board of Aldermen as part of the permit
application.
[Ord. No. 1648 §1, 1-27-2010; Ord. No. 1683 §1, 3-9-2011]
A.
No
person or entity shall sell or display for sale any fireworks within
the corporate limits of this City without first obtaining a license
from the City for such sale or display.
1.
Applications for fireworks stand/tent licenses shall be made on or
before the second (2nd) Monday in May of each year to the City Clerk.
Said applications must be approved by the City Clerk pursuant to the
requirements outlined in this Chapter.
2.
License fee for said fireworks license shall be fifteen hundred dollars ($1,500.00). Said fee shall include the cost of occupational license and temporary sign permit(s). Licensee agrees to comply with all City ordinances relevant to occupation licenses and temporary sign regulations set forth in the Platte City Code (see Section 405.605 temporary sign regulations).
3.
The applicant receiving a license for the sale of fireworks shall,
in addition to the license fee, deposit one thousand dollars ($1,000.00)
for a cleanup fee. The full amount of the deposit will be refunded
to the license holder upon successful demonstration to the Codes Enforcement
Officer that licensee has cleaned the location of trash, litter, debris,
signs, and temporary structures.
4.
Before any permit is issued by the City, the location as well as
the following requirements for the sale and safety of the fireworks
stand shall first be approved by the City exercising reasonable regard
for the public welfare and safety and with due regard to Chapter 320,
RSMo., 1959, as amended. One (1) fire extinguisher every thirty-five
(35) feet with minimum of one (1) air-pressurized water extinguisher
shall be provided and kept in close proximity to the stock of fireworks
in a stand/tent where fireworks are sold and/or stored.
5.
The following shall be submitted with the application:
6.
All permitted premises shall be required to provide restroom facilities
for employees and customer use.
7.
Before a permit will be issued, a certificate of insurance showing
general liability coverage of no less than one million dollars ($1,000,000.00)
must be submitted and naming the City of Platte City, Central Platte
Fire District, and the property owner as additional insured.
8.
A permit for fireworks stand/tent will not be issued if said location
is within three hundred (300) feet of another fireworks stand/tent.
9.
No fireworks stand/tent shall be located in a residential area.
10.
Fireworks shall not be sold or kept for sale in a place of business
where paint, oils, varnishes, turpentine, or gasoline or other flammable
substances are kept in unbroken containers, unless in separate and
distinct section or department store.
11.
Fireworks shall not be stored, kept, sold or discharged within one
hundred fifty (150) feet of any gasoline pump, gasoline filling station,
gasoline bulk station or any building in which gasoline or volatile
liquids are sold in quantities in excess of one (1) gallon, except
stores where cleaners, paints, and oils are handled in sealed containers
only.
12.
Fireworks shall not be ignited, discharged, or otherwise used within
one hundred (100) feet of any location where fireworks are sold, stored,
or offered for sale.
13.
After preliminary approval by the City Clerk, an inspection by the
City codes enforcement and/or Department of Public Safety and/or fire
district before issuance of a permit will be required.
14.
In the event of a denial of an application by the City Clerk, the
applicant may file an appeal to Board of Aldermen to review the decision
of the City Clerk in denying the application for issuance of a fireworks
license for sale or display for sale of fireworks. Such appeal shall
be heard by the Board of Aldermen following public hearing within
thirty (30) days of receipt of the denial of the application and recommendation
by the City Clerk. The Board of Aldermen shall make the decision by
motion and shall set forth the grounds for granting or denial of the
license.
15.
Any applicant or licensee aggrieved by a decision of the Council
may appeal such decision to the Circuit Court as provided in Chapter
536, RSMo., provided such appeal is filed within ten (10) days of
the Council's decision. The Board of Aldermen may delay implementation
of an order pending appeal.
16.
No cardboard or paper may be stored underneath of storage trailers.
17.
All fireworks stands/tents must comply with State and Federal regulations.
[Ord. No. 1648 §1, 1-27-2010; Ord. No. 1683 §2, 3-9-2011]
A.
Every
person who sells or displays for sale any fireworks shall display
in a conspicuous place a sign or placard, printed in bold letters
not less than one and one-half (1½) inches in height, containing
the following information:
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NO FIREWORKS MAY BE DISCHARGED WITHIN 100 FEET
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FIREWORKS FOR SALE — KEEP OPEN FLAME AWAY
NO SMOKING ALLOWED
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SHOOTING OF FIREWORKS
IS PROHIBITED
IN CITY PARKS AND OTHER PUBLIC PROPERTY
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CONSUMER FIREWORKS MAY ONLY BE
DISCHARGED DURING THE FOLLOWING DATES AND TIMES:
(June 20th — July 3rd from 10:00 AM to 10:00 PM)
(July 4th from 10:00 AM to Midnight)
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CONSUMER FIREWORKS MAY ONLY BE SOLD
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B.
Exits
signs shall be required to be self luminous or internally or externally
illuminated.
[Ord. No. 1648 §1, 1-27-2010]
Fireworks shall not be sold or advertised for sale from any
street, alley, sidewalk or other public property within the corporate
limits of the City of Platte City.
[Ord. No. 1648 §1, 1-27-2010]
A.
It
shall be unlawful for any person to discharge or shoot any type of
fireworks at any time within the City of Platte City except permitted
consumer fireworks may be discharged on private property:
1.
June twentieth (20th) to July third (3rd) between the hours of 10:00
A.M. to 10:00 P.M., and
2.
July fourth (4th) between the hours of 10:00 A.M. to Midnight;
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unless any of said days fall on a Sunday, in which case permitted
consumer fireworks may not be discharged before noon on that day.
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No person shall discharge any fireworks in such a manner as
to threaten or to injure another.
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B.
Except
as otherwise set forth in this Chapter, it shall be unlawful for any
person to discharge or shoot any type of fireworks at any time in
or on any public park or public grounds of the City, unless the Board
of Aldermen grants express approval therefore.
[Ord. No. 1648 §1, 1-27-2010]
A.
It
is unlawful to attempt to sell or to sell at retail any fireworks
to children under the age of fourteen (14) years except when such
child is in the presence of a parent or guardian at least eighteen
(18) years of age.
B.
It
is unlawful for any person under the age of sixteen (16) to sell fireworks
or work in a facility where fireworks are stored, sold or offered
for sale unless supervised by an adult at least eighteen (18) years
of age.
C.
It
is unlawful to explode or ignite fireworks within six hundred (600)
feet of any church, hospital, mental health facility and school or
within one hundred (100) feet of a permanent structure where fireworks
are stored, sold or offered for sale.
D.
No
person shall ignite or discharge any permissible articles of fireworks
within or throw the same from a motor vehicle, nor shall any person
place or throw any ignited article of fireworks into or at a motor
vehicle, or at or near any person or group of people.
E.
No
person shall ignite or discharge fireworks within three hundred (300)
feet of any gasoline pump, gasoline filling station or any non-permanent
structure where fireworks are stored, sold or offered for sale.
F.
Nothing
in Sections 320.106 to 320.161, RSMo., shall be construed to prevent
permittees from demonstrating or testing fireworks. Any such demonstration
or test shall require the notification and approval of the local fire
district or the State Fire Marshal.
[Ord. No. 1648 §1, 1-27-2010]
A.
During
any period or periods of dryness and increased danger of fire within
the City and after consulting with the District Fire Chief or in his/her
absence the Deputy Fire Chief, the Mayor or, in his/her absence, such
other individual designated by the Board of Aldermen of said City
shall be authorized to declare a fire emergency for such length of
time as said emergency conditions exist. He/she shall have the power
to regulate the usage of all fireworks and banning of all outside
burning within the City of Platte City. The Mayor or his/her designate
shall have the power to do any one (1) or more of the following:
B.
In
the event such emergency is declared by the Mayor or such other designated
representative of the City of Platte City as provided hereinabove,
a notice of the declaration of such emergency and the regulation(s)
of the discharge or sale of fireworks during said fire emergency shall
be posted in a public place within City Hall and at such other place
or places as the Mayor or such other designated representative may
deem reasonable and appropriate to inform the public of said fire
emergency.
C.
Any
violation of the regulations placed in effect during the period of
any fire emergency shall be subject to a minimum fine of fifty dollars
($50.00) and a maximum fine of five hundred dollars ($500.00) for
each violation and each subsequent violation of this Section.
[Ord. No. 1648 §1, 1-27-2010]
A.
Any
individual cited for discharging or shooting fireworks in violation
of this Chapter shall be subject to immediate confiscation of any
prohibited fireworks and, upon conviction, to a fine of not less than
twenty-five dollars ($25.00) and not more than five hundred dollars
($500.00), or imprisonment, or both. Each such unlawful act shall
constitute a separate offense.
B.
Any
individual cited for selling or offering for sale fireworks in violation
of this Chapter shall be subject to immediate confiscation of any
prohibited fireworks and, upon conviction, to a fine of not less than
one hundred fifty dollars ($150.00) and not more than five hundred
dollars ($500.00), or imprisonment, or both. Each such unlawful act
shall constitute a separate offense.
