[R.O. 2011 § 215.1090; R.O. 2009
§ 134.20; CC 1981 § 20-54; Ord. No. 05-142, 5-17-2005; Ord. No. 05-223, 8-24-2005; Ord.
No. 05-239, 9-16-2005; Ord. No. 07-237, 9-26-2007]
A. Except as provided in Subsection
(B), it shall be unlawful for any person to willfully set off, use, burn, explode or fire off any firecrackers, fireworks, torpedoes, bombs, rockets, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols, rocket, missile or aerial firework containing a stick or fin or other fireworks of a like kind within the municipal boundaries of the City; provided, however, that this Section shall not apply to parks or other public places when in the charge of competent persons and under a permit issued by the Mayor.
B. It shall be lawful for any person to set
off, use, burn, explode or fire off non-rocket, non-missile or aerial
fireworks that do not contain a stick or fin, firecrackers, fireworks,
torpedoes, bombs, rockets, pin wheels, fire balloons, Roman candles,
toy cannons, toy pistols or other fireworks of a like kind within
the municipal boundaries of the City between the hours of 12:00 P.M.
and 11:00 P.M. on July 3 and 4 of each and every calendar year.
C. It shall be unlawful for any person under
the age of eighteen (18) to purchase, possess, set off, use, burn,
explode or fire off any fireworks, including, but in no way limited
to, non-rocket, non-missile or aerial fireworks that do not contain
a stick or fin within the municipal boundaries of the City without
adult supervision.
D. Section
215.380, regarding responsibility of parents and other adults for the criminal acts of children, shall apply to this Section.
E. Police Officers are to enforce this strictly
and without the use of warnings. Summons are to be issued regardless
of circumstances. Any person under the age of eighteen (18) found
to be in possession of, setting off, using, burning, exploding or
firing off, without adult supervision, any fireworks, including, but
in no way limited to, non-rocket, non-missile or aerial fireworks
that do not contain a stick or fin, shall have such items confiscated
by Police Officers.
F. Notwithstanding any other provision of
this Section, it shall be unlawful for any person to willfully set
off, use, burn, explode or fire off any fireworks, including, but
in no way limited to, non-rocket, non-missile or aerial fireworks
that do not contain a stick or fin, on any property owned by the City
or any park within the City at any time, including the hours of 12:00
P.M. and 11:00 P.M. on July 3 and 4, without a valid permit issued
by the Mayor.
[R.O. 2011 § 215.1100; R.O. 2009
§ 134.21; CC 1981 § 20-55; Ord. No. 83-38, 6-8-1983; Ord. No. 86-51, 3-7-1986; Ord.
No. 86-88, 4-18-1986; Ord. No. 86-143, 6-12-1986; Ord. No. 89-133, 6-30-1989; Ord. No. 92-170, 7-21-1992; Ord. No. 92-171, 7-22-1992, approved by voters 11-3-92; Ord. No. 96-148, 5-22-1996; Ord. No. 98-234, 5-20-1998; Ord. No. 98-256, 6-17-1998; Ord. No. 03-105, 5-13-2003; Ord.
No. 05-143, 5-17-2005; Ord. No. 05-223, 8-24-2005; Ord. No. 05-240, 9-16-2005; Ord. No. 07-162, 6-11-2007; Ord. No. 07-237, 9-26-2007]
A. It shall be unlawful for any person to sell, offer to sell or expose for sale any fireworks of any type whatsoever within the City without first having obtained a "fireworks stand" license for each location at which fireworks are sold or offered for sale from the Director of Finance; provided, however, that this Section shall not apply to the sale of fireworks in wholesale lots by any person holding a wholesale license to do business within the City for use or sale outside the City or for use within the City in the manner permitted by Section
215.1090.
B. The Director of Finance is authorized to issue to any person a "fireworks stand" license to permit sales of fireworks now or hereafter classified as "1.4G Class C Common Fireworks" by the United States Department of Transportation. Licenses shall be issued for fireworks stands located only in "C-2," "C-3," "I-1" or "I-2" zoning districts as defined in Chapter
400 of this Code of Ordinances or other similar zoning of the County on property which has been annexed but has not received a zoning designation by the City.
C. An application for a "fireworks stand"
license shall be submitted to the Department of Community Development
by June first and shall include the following:
1.
A permit fee of six thousand dollars
($6,000.00) for each proposed location for fireworks sales.
2.
A statement that the applicant agrees
to comply strictly with the terms of this Chapter, the laws of the
State of Missouri, St. Charles County and the City of St. Charles,
Missouri.
3.
A cash deposit, irrevocable letter
of credit or a surety bond made payable to the City of St. Charles,
Missouri, in the amount of three thousand dollars ($3,000.00) for
each location to be operated by the applicant shall be submitted.
Such deposit, letter or bond shall ensure compliance with the provisions
of this Section, including, but not limited to, the removal of the
stand, provisions for temporary electrical service and the cleaning
and restoration of the site upon which it was located in accordance
with the provisions of this Section. The licensee must remove the
stand, items pertaining to the business and restore the site within
ten (10) days after the completion of the sales period. In the event
the licensee does not comply with the provisions of this Section or
does not remove the stand or restore the site as required, the City
may do so or cause the same to be done and the reasonable cost thereof
shall be charged against the licensee and the deposit, letter of credit
or surety bond.
[Ord. No.
20-129, 9-15-2020]
4.
A site plan showing the following:
a.
Address or site location;
b.
Property owner and operator names,
addresses and phone numbers;
c.
Size of the lot and tent;
d.
Location of the tent(s) and all other
structures or equipment, including trailers and storage units located
on the lot;
e.
Location of all existing driveway
entrances and temporary parking lot areas;
f.
Location of required restroom facilities
[a minimum of one (1) portable facility on site is required];
g.
Location of required dumpsters [a
minimum of one (1) two-yard dumpster for a location having one thousand
(1,000) square feet or less of sales area and a minimum of two (2)
two-yard dumpsters or one (1) four-yard dumpster for a location having
more than one thousand (1,000) square feet of sales area];
h.
Location of required on-site, off-street
customer parking spaces [a minimum of one (1) space per three hundred
(300) square feet of sales area is required];
i.
Location of nearest fire hydrant;
j.
Proof of a valid Missouri State sales
tax number;
k.
Other information as may be required
by the City to ensure public health and safety.
5.
An electrical inspection must be
obtained from the Department of Community Development. All electrical
work including generators must be performed by an electrician licensed
with the City. Note that locations that did not have valid firework
stand permits prior to January 1, 2003, are required to have underground
electric supply lines.
6.
A certificate of flame resistance
must be submitted for each tent and a fire inspection must be obtained
from the St. Charles Fire Department.
7.
Approval of the driveway entrance
and approval of the construction of temporary surfacing for a parking
lot permit from the Department of Public Works are required if a new
driveway or temporary surfacing (defined as aggregate, asphalt millings,
wood chips or other material used to cover the ground surface for
the purpose of temporarily improving the ground surface to better
enable it to serve vehicular or foot traffic) is to be installed.
These approvals must address the following:
a.
If a vertical curb is present at
the entrance location, a concrete approach may be constructed and
left in place to the right-of-way line. If an approach is not constructed,
the existing curb must be removed prior to use of the parking lot
and replaced within sixty (60) days of the removal.
b.
Temporary parking permits are granted
for no more than thirty (30) consecutive calendar days and the construction
of the parking facility must not begin more than fourteen (14) calendar
days before the beginning of the intended use.
c.
No portion of City-owned right-of-way
shall be surfaced and a minimum of a ten (10) foot parking setback
shall be provided.
d.
Where used, temporary paving material
shall be removed and vegetation reestablished on the site within ten
(10) calendar days of the final date of fireworks sales.
[Ord. No.
20-129, 9-15-2020]
e.
Where temporary surfacing material
is used, a cash deposit, irrevocable letter of credit or a surety
bond made payable to the City of St. Charles, Missouri, will be required
by the Director of Community Development or his/her designee. The
security shall be subject to the condition that the reparative measures
(actions taken to return disturbed land to the condition and appearance
that existed before the temporary use) be performed within the first
ten (10) days following the intended usage of the temporary facility
as indicated on the temporary parking lot application. The security
shall be valid for the entire ten-day period after which it will be
forfeited to the City if reparative measures are not complete. If
the reparative measures are not completed within the specified time,
the City may use the funds from the security of any necessary portion
thereof to complete the reparative measures. If the security is inadequate
to pay for the costs of the reparative measures, the City shall recover
the balance from the property owner.
[Ord. No.
20-129, 9-15-2020]
f.
Each application for construction
of a temporary parking lot or new entrance shall include the following:
a sketch showing the property dimensions, parking lot dimensions,
entrance locations and dimensions and color photographs [a minimum
of six (6)] of the site.
8.
A certificate of occupancy for any
tent or structure from the Department of Community Development.
D. The following standards shall be used for
the review of any fireworks license and shall apply to the operation
of the facility:
1.
Structures from which fireworks are
to be sold or stored shall not be located within on hundred (100)
feet of any permanent structure or building, public park, swimming
pool or public or private playground.
2.
Structures from which fireworks are
sold or stored shall not be located within one hundred (100) feet
of any structure in which petroleum products are sold or dispensed
in any manner other than in closed containers.
3.
A maximum of two (2) semi-truck storage
trailers or the equivalent area of trailer storage as determined by
the Fire Marshal shall be allowed per location. Additional storage
may be permitted upon review and approval of the Fire Marshal. Such
trailers shall maintain a minimum of ten (10) foot separation, have
DOT labels on them and must be marked "EMPTY" with four (4) inch letters
when all contents are removed.
4.
All weeds and combustible materials
shall be cleared from any sales location, including a distance of
at least twenty-five (25) feet surrounding the sales location.
5.
A sign bearing the message "Discharge
of Fireworks is Prohibited at All Times Within the City Limits of
the City of St. Charles Except Between the Hours of 12:00 P.M. and
11:00 P.M. on July 3 and 4" in letters at least three (3) inches tall
shall be conspicuously displayed at each sales location. Such sign
shall not count towards the limits of allowable signage provided for
by this Section. Additionally, the operator shall distribute to each
purchaser a flyer of at least twenty-four (24) square inches containing
the statement: "Discharge of Consumer Fireworks Within the City of
St. Charles is Prohibited by Ordinance Except Between the Hours of
12:00 P.M. and 11:00 P.M. on July 3 and 4. Violators may be punished
by a fine up to five hundred dollars ($500.00) or up to three (3)
months imprisonment or both."
6.
Fireworks stands shall comply with
the provisions of the currently adopted Building Code relative to
temporary structures. All stands shall be erected in a manner that
will reasonably ensure the safety of all occupants, patrons and surrounding
property.
7.
A minimum three (3) foot wide, unobstructed
aisle running the length of the stand, inside and behind the sales
counter, shall be provided.
8.
Each stand up to twenty-four (24)
feet in length must have at least two (2) exits. Each stand in excess
of twenty-four (24) feet must have at least three (3) exits. Exit
locking devices, if any, shall be easily released from the inside
without special knowledge, key or effort.
9.
Each stand shall maintain a two and
five-tenths (2.5) gallon, 2A rated water-pressure type fire extinguisher
or an ABC minimum 2A:10BC rated fire extinguisher near each exit and
such extinguishers shall be kept in good working order and shall be
easily accessible.
10.
Signage shall not be subject to the provisions of Chapter
400 but shall meet the following requirements:
a.
No pennants, streamers, balloons,
searchlights, strobe lights, beacons, inflatable signs are permitted;
b.
No portable signage or off-premises
signage is permitted except as provided herein;
c.
No signage may be attached to non-commercial
vehicles;
d.
Signage may not extend above or beyond
the limits of the primary structure or the commercial vehicle(s) associated
with the business;
e.
All signage must be attached to the
primary structure being used for the sale of fireworks or to a commercial
vehicle being used as storage or an integral part of the operation;
f.
No signage may be located in a public
right-of-way or on public property;
g.
Total square footage of all signage
viewable from any one (1) angle for one (1) location shall not exceed
three hundred (300) square feet;
h.
When a location does not abut a public
right-of-way and does not have direct access from such right-of-way,
one (1) off-site, freestanding sign or banner not to exceed thirty-two
(32) square feet shall be permitted, provided such sign does not interfere
with public safety and is not within the public right-of-way. Such
sign shall not contribute to the three hundred (300) square foot signage
allowance.
11.
Persons under sixteen (16) years
of age shall not be employed upon the premises. If any person under
eighteen (18) years of age is employed at a location selling fireworks,
the location shall be supervised by at least one (1) person over the
age of twenty-one (21).
12.
Sales of fireworks shall be permitted
only during the period June 25 through July 5 each year. No sales
shall be permitted prior to 8:00 A.M. or after 10:00 P.M. on any day,
except on July 1, 2 and 4, upon which days the closing time may be
11:00 P.M. and July 3, upon which day the closing time may be Midnight.
13.
No sales of fireworks shall be made
to any person under eighteen (18) years of age.
14.
Licensees shall not permit smoking
or any type of open flames upon the premises and shall prominently
post at least two (2) signs prohibiting smoking.
15.
Licensees shall not permit debris,
wrappers or papers to accumulate on the premises and dumpsters shall
be emptied as necessary to maintain the premises in a clean and orderly
manner.
16.
Licensees and employees shall not
attract customers by means of flagging of vehicles or engage in any
activity which obstructs or interferes with the free flow of traffic
upon any street or highway.
17.
Licensees shall be required to, at all times, possess and give to each paying customer, at no cost, a flyer clearly outlining both the days and times on which it is legal to set off, use, burn, explode or fire off fireworks as indicated in Section
215.1090.
E. All items permitted under Chapter 320,
RSMo., except those classified as "1.4G Class C Common Fireworks"
by the United States Department of Transportation, may be sold without
acquiring a "fireworks stand" license.
F. Any license granted hereunder may be suspended
and all sales prohibited by the Mayor and/or his/her designee upon
violation of any of the provisions listed in this Section which pose
a danger to the public or if any ordinance violation remains uncorrected
for twenty-four (24) hours after the licensee has been given notice
to correct a violation by the City. If a written request is delivered
to the office of the Mayor within ten (10) days of the suspension,
a hearing shall be held within ten (10) days of the receipt of such
written request by the Mayor to determine the existence of the violation
and the appropriateness of the suspension. Any licensee whose license
has been suspended and does not request a hearing before the Mayor,
or whose suspension is upheld by the Mayor, shall not be licensed
in the next succeeding year for fireworks sales.
[R.O. 2011 § 215.1110; R.O. 2009
§ 134.22; Ord. No. 05-144, 5-17-2005; Ord. No. 07-237, 9-26-2007; Ord. No. 17-217, 10-17-2017]
The City's cable TV station is hereby
authorized and commanded to secure funding for and, if practicable,
produce and develop a short segment on fireworks safety. This segment
shall outline general fireworks safety principles, as well as educate
the public as to the dates and times in which it will be legal to
use and discharge fireworks within the City of St. Charles. The cable
TV station is authorized to secure funding for this segment from any
licensed seller of fireworks.
[R.O. 2011 § 215.1120; R.O. 2009
§ 134.23; Ord. No. 05-250, 9-16-2005; Ord. No. 06-153, 6-28-2006; Ord. No. 07-237, 9-26-2007]
A. Notwithstanding any other provision within
the Code of Ordinances, it shall be unlawful for any person or entity,
whether licensed under this Chapter or not, to sell, purchase, discharge,
donate, gift, give away or otherwise dispose of any item as defined
as a rocket or missile.
B. For the purpose of this Division, a "rocket"
is defined as a casing attached to a stick that shoots an expelling
combustion from one (1) end that propels it in the air.
C. For the purpose of this Division, a "missile"
is defined as a casing attached to fins that shoots an expelling combustion
from one (1) end that propels it in the air or a collection of multiple
plastic tubes contained within one (1) item that propel into the air
by combustion.