In this Article "fireworks" means any composition
or device for producing a visible, audible, or both visible and audible
effect by combustion, deflagration, or detonation and that meets the
definition of consumer, proximate, or display fireworks as set forth
by 49 CFR Part 171 to end, United States Department of Transportation
hazardous materials regulations, and American Pyrotechnics Association
87-1 standards.
Nothing in this Article shall be construed to prohibit any resident wholesaler, dealer or jobber to sell at wholesale such fireworks as are not herein prohibited, or the sale of any kind of fireworks provided the same are to be shipped directly out of State, or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. Such wholesalers, dealers and jobbers shall store their supplies of fireworks in accordance with Section 505.060 of this Code.
The manufacture of fireworks is prohibited within the City.
The display, sale or discharge of fireworks shall comply with the
requirements of this Article.
The City may seize, take, remove or cause to be removed at the
expense of the owner at the discretion of the Chief of Police, all
stocks of fireworks offered or exposed for display or sale, stored
or held in violation of this Article.
A.Â
A
permit shall be obtained from the City for the discharge of fireworks.
Each permit shall specify the date, time, location, property owner,
and responsible party conducting the display. No permit shall be issued
for any display earlier in the day than 6:00 P.M. or later in the
day than 10:00 P.M. Permits may also be issued under this Chapter
for a display from December thirty-first (31st) beginning at 11:50
P.M. to January first (1st) at 12:10 A.M.
B.Â
Applications
for permits shall be made in writing at least seven (7) working days
in advance of the date of the display or discharge of fireworks and
shall be accompanied by an application fee of twenty-five dollars
($25.00). The sale, possession, use and distribution of fireworks
for such display shall be lawful under the terms and conditions approved
with the permit and for that purpose only. A permit granted hereunder
shall not be transferable, nor shall any such permit be extended beyond
the dates set out therein.
C.Â
Applications
for display of fireworks shall be approved by the Chief of Police
and issued by the City Clerk. Applicants must first obtain a permit
from either the State Fire Marshal or the Osage Beach Fire Protection
District and provide a copy of said permit with the application.
A.Â
It shall be a violation of this Code for any person to store, to offer for sale, expose for sale, sell at retail, or use or explode any fireworks, except as provided within the terms of the permit issued under Section 210.2250 and the rules and regulations issued by the City for the granting of permits for supervised public displays of fireworks by the jurisdiction, fair associations, amusement parks and other organizations.
B.Â
Every
such display shall be supervised by a person licensed and bonded for
the purpose of discharging fireworks. The fireworks shall be arranged,
located, discharged or fired in a manner that, in the opinion of the
Chief of Police, will not be a hazard to property or endanger any
person.
Unfired fireworks and trash that remain after the display is
concluded shall be immediately disposed of in a safe manner approved
by the City.
The permittee under this Article shall provide proof satisfactory
to the City Attorney of financial ability to pay all damages which
may be caused either to a person or persons or to property by reason
of the permitted display arising from the acts of the permittee, the
permittee's agent, employees, contractors or subcontractors. Proof
of financial responsibility shall be satisfied by furnishing a bond
or liability insurance policy covering any of the aforesaid damages
in the amount of not less than one million dollars ($1,000,000.00)
and in such a form as determined by the City Attorney to be adequate
in each case to indemnify the City.
