[Ord. No. 96-168 §1, 12-30-1996; Ord. No. 07-193 §1, 12-27-2007]
The following words shall have the following meanings as set
out herein:
As defined in Section 320.106, RSMo., as amended.
An exchange of articles of fireworks for money, including
barter, exchange, gift or offer thereof, and each such transaction
made by any person, whether as a principal proprietor, salesman, agent,
association, co-partnership or one (1) or more individuals.
[Ord. No. 96-168 §2, 12-30-1996; Ord. No. 01-032 §1, 3-28-2001; Ord. No. 07-193 §2, 12-27-2007]
The sale of fireworks in St. Charles County shall be authorized
only as provided in and as restricted by this Article and only under
permits issued pursuant to the Unified Development Ordinance of St.
Charles County, Section 405.515 of the ordinances of St. Charles County,
Missouri.
[Ord. No. 07-193 §3, 12-27-2007; Ord. No. 08-012 §1, 2-12-2008; Ord. No. 12-001 §1, 12-19-2011]
A.
Days Of Operation. No sales of fireworks shall be permitted
except from June twenty-fifth (25th) through July sixth (6th) of each
year.
B.
Hours Of Operation. No sales of fireworks shall be permitted
prior to 8:00 A.M. or after 10:00 P.M. on any day on which such sales
are authorized, except that on July first (1st), second (2nd) and
fourth (4th), sales may continue until 11:00 P.M. and on July third
(3rd), sales may continue until Midnight.
C.
Employment Of Persons Under The Age Of Sixteen (16). Persons
under the age of sixteen (16) shall not be employed at any location
selling fireworks unless supervised at all times by at least one (1)
person over the age of twenty-one (21).
D.
Required Sign. A sign bearing the message "Discharge of
Consumer Fireworks is Prohibited at All Times within Unincorporated
St. Charles County Except Between the Hours of 10:00 A.M. and 11:00
P.M. July 2nd through July 5th and to Between the Hours of 11:30 P.M.
on December 31st and 12:30 A.M. on the immediately following January
1st" 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 or by
the Unified Development Ordinance of St. Charles County, Chapters
405—412, OSCCMo. Additionally, a seller of fireworks shall distribute
to each purchaser of fireworks a flyer of at least twenty-four (24)
square inches containing the statement: "Discharge of Consumer Fireworks
within St. Charles County is Prohibited by Ordinance Except Between
the Hours of 10:00 A.M. and 11:00 P.M. July 2nd through July 5th and
to Between the Hours of 11:30 P.M. on December 31st and 12:30 A.M.
on the immediately following January 1st. Violators may be punished
by a fine up to five hundred dollars ($500.00)."
E.
Prohibition Of Sales. It shall be unlawful for any person
to willfully sell any firecrackers, fireworks, torpedoes, bombs, pin
wheels, fire balloons, Roman candles, toy cannons, toy pistols, missile
or aerial fireworks containing a stick or fin, or other fireworks
containing a stick or fin, or other fireworks of a like kind within
unincorporated St. Charles County.
[Ord. No. 96-168 §3, 12-30-1996; Ord. No. 07-193 §4, 12-27-2007; Ord. No. 12-001 §2, 12-19-2011]
A.
Except as provided in Subsection (D) and Section 210.115 below, discharge of fireworks within the County shall be limited to between the hours of 10:00 A.M. and 11:00 P.M. on July second (2nd), third (3rd), fourth (4th) and fifth (5th) of any year and to between the hours of 11:30 P.M. on December thirty-first (31st) and 12:30 A.M. on the immediately following January first (1st).
B.
Persons
fifteen (15) years of age and younger shall not discharge fireworks
except under the supervision of an adult. Supervision shall be adequate
where the adult is within sight and sound of the children during the
discharge of the fireworks.
C.
It
shall be unlawful for any parent, guardian or other adult person having
custody or control of any minor fifteen (15) years of age or less
to knowingly allow such minor to discharge fireworks in violation
of the preceding Subsection.
D.
Except
as provided herein, it shall be unlawful for any person to willfully
set off, use, burn, explode or fire off any firecrackers, fireworks,
torpedoes, bombs, pin wheels, fire balloons, Roman candles, toy cannons,
toy pistols, missile or aerial fireworks containing a stick or fin,
or other fireworks containing a stick or fin, or other fireworks of
a like kind within unincorporated St. Charles County; provided however,
that this prohibition shall not apply to parks or other public places
when in the charge of competent persons and under a permit issued
by the St. Charles County Department of Community Development.
[Ord. No. 12-001 §3, 12-19-2011]
A.
Public Displays Of Consumer Fireworks. It shall be lawful
to conduct public displays of consumer fireworks as defined in 11
Code of State Regulations 40.-3.0101(1), as amended, in the unincorporated
part of St. Charles County at any time of the year under permits authorized
by this Subsection and by the Fire Code of St. Charles County, as
adopted by Section 500.400, OSCCMo.
1.
The Department of Community Development's Division of Building and
Code Enforcement may issue permits for the discharge of consumer fireworks
for public display, provided:
[Ord. No. 16-054 §11, 7-25-2016]
a.
Such discharges of consumer fireworks are on premises used to accommodate
the public or public gatherings for the primary purpose of recreation,
entertainment or assembly, including marinas, golf courses, private
clubs, public facilities including parks and fairgrounds, commercial
outdoor recreation, public and private schools, wineries and breweries,
common ground controlled by homeowners' associations, churches, racetracks
for vehicles or animals, banquet halls;
b.
Such permits are limited to a single date and specified hours;
c.
Such hours are between 10:00 A.M. and 11:00 P.M. on any particular
date; and
d.
Applicants meet the requirements for fireworks displays in the Fire
Code of St. Charles County, as adopted by Section 500.400, OSCCMo,
and provide the information required below.
2.
Applications for permits authorized by this Subsection shall be on
a form provided by the Department of Community Development, and shall:
a.
Identify the date and the hours of the event during which consumer
fireworks are to be discharged;
b.
Identify the premises for which the permit is sought (legal description,
assessor's parcel identification number, or other reasonable means
of identifying the premises);
c.
Identify the principal use to which those premises are dedicated;
d.
Identify the owner or lessee of those premises, the authorized agent
of that owner or lessee, and the means of contacting that authorized
agent by U.S. mail, telephone, facsimile transmission and electronic
mail;
e.
Bear the signature of that owner or lessee, or the signature of that
owner's or lessee's authorized agent;
f.
Identify the operator handling the fireworks display (name, business
address, contact information);
g.
Be accompanied by:
(1)
A fee of twenty-five dollars ($25.00); and
(2)
Plans for the proposed displays that are required for fireworks
permits by the Fire Code of St. Charles County, as adopted by Section
500.400, OSCCMo, along with an additional fee of twenty-five dollars
($25.00) for site plan review; or
(3)
A permit for the public display of consumer fireworks issued
by another authority with jurisdiction (such as the State Fire Marshall
or a fire district) pursuant to 11 Code of State Regulations 40-3.010(2)(A),
as amended; and
(4)
Proof or certificate of insurance of owner of site or of operator
for consumer fireworks display; and
h.
Be filed no later than ten (10) calendar days prior to the event
for which the permit is sought (unless this requirement is waived
for good cause shown and adequate review of the application will not
be impaired).
3.
The Department shall notify the applicant in writing within three
(3) working days of the filing of a complete application that the
permit applied for is granted or denied. If permit is granted, the
Department shall send it to the applicant with the notice. If the
permit is denied, the Department's notice shall state the reasons
for that denial. The Department shall send notices and permits to
applicants or permittees by U.S. mail, unless they request delivery
by facsimile transmission or electronic mail and provide contact information
for such delivery.
B.
Public Displays Of Display Or Proximate Fireworks. It shall
be lawful to conduct public displays of display or proximate fireworks
as defined in 11 Code of State Regulations 40.-3.010(1), as amended,
in the unincorporated part of St. Charles County at any time of the
year under permits authorized by this Subsection.
1.
The Department of Community Development may issue permits for the
discharge of display or proximate fireworks, provided:
a.
Such discharges of display or proximate fireworks are on premises
used to accommodate the public or public gatherings for the primary
purpose of recreation, entertainment or assembly, including marinas,
golf courses, private clubs, public facilities including parks and
fairgrounds, commercial outdoor recreation, public and private schools,
wineries and breweries, common ground controlled by homeowners' associations,
churches, racetracks for vehicles or animals, banquet halls, and,
in the case of proximate fireworks for indoor display, entertainment
venues such as theaters and dance clubs;
b.
Such permits are limited to a single date and specified hours;
c.
Such hours are between 10:00 A.M. and 11:00 P.M. on any particular
date; and
d.
Applicants meet the requirements for fireworks displays in the Fire
Code of St. Charles County, as adopted by Section 500.400, OSCCMo,
and provide the information required below.
2.
Applications for permits authorized by this Subsection shall be on
a form provided by the Department of Community Development, and shall:
a.
Identify the date and the hours of the event during which display
or proximate fireworks are to be discharged;
b.
Identify the premises for which the permit is sought (legal description,
assessor's parcel identification number, or other reasonable means
of identifying the premises);
c.
Identify the principal use to which those premises are dedicated;
d.
Identify the owner or lessee of those premises, the authorized agent
of that owner or lessee, and the means of contacting that authorized
agent by U.S. mail, telephone, facsimile transmission and electronic
mail;
e.
Bear the signature of that owner or lessee, or the signature of that
owner's or lessee's authorized agent;
f.
Identify the operator handling the fireworks display (name, business
address, contact information);
g.
Be accompanied by:
(1)
A fee of twenty-five dollars ($25.00); and
(2)
Plans for the proposed displays that are required for fireworks
permits by the Fire Code of St. Charles County, as adopted by Section
500.400, OSCCMo, along with an additional fee of seventy-five dollars
($75.00) for site plan review; or
(3)
A permit for the public display of display or proximate fireworks
issued by another authority with jurisdiction (such as the State Fire
Marshall or a fire district) pursuant to 11 Code of State Regulations
40-3.010(2)(A), as amended; and
(4)
A copy of the operator's State license or licenses for discharging
display or proximate fireworks (as applicable) issued pursuant to
11 Code of State Regulations 40.30.010(9); and
(5)
Proof of insurance meeting the requirements of 11 Code of State
Regulations 40.3.010(8), as amended; and
h.
Be filed no later than ten (10) calendar days prior to the event
for which the permit is sought (unless this requirement is waived
for good cause shown and adequate review of the application will not
be impaired).
3.
The Department shall notify the applicant in writing within three
(3) working days of the filing of a complete application that the
permit applied for is granted or denied. If permit is granted, the
Department shall send it to the applicant with the notice. If the
permit is denied, the Department's notice shall state the reasons
for that denial. The Department shall send notices and permits to
applicants or permittees by U.S. mail, unless they request delivery
by facsimile transmission or electronic mail and provide contact information
for such delivery.
C.
The
provisions of this Section are subject to any applicable zoning regulations
in the Unified Development Ordinance of St. Charles County, Chapter
405, OSCCMo, on the discharge of consumer, display or proximate fireworks.
[Ord. No. 96-168 §4, 12-30-1996; Ord. No. 07-193 §5, 12-27-2007]
The Chief of Police of St. Charles County is hereby authorized to confiscate fireworks from the possession of any person found to be in violation of Section 210.110 of this Article. The Chief of Police is further authorized to confiscate fireworks being discharged privately in such large quantity that a nuisance is created.
[Ord. No. 96-168 §5, 12-30-1996]
Any person who has fireworks confiscated under this Article
shall be provided written notice at the time of the confiscation that
within seven (7) calendar days from the confiscation, the person may
file a written request for review with the Police Department setting
out the specific facts for the claim that the Article herein has not
been violated. The Chief of Police office shall hear and determine
the matter within ten (10) days of the written request for appeal.
The decision of the Chief of Police shall be final.
[Ord. No. 96-168 §8, 12-30-1996]
Fireworks confiscated under this Article shall be destroyed
within thirty (30) days of confiscation, or upon appeal, at the time
of the final decision finding the possessor in violation of the Article.
The Chief of Police is authorized to make arrangements for the storage
of such fireworks in or out of the County at a safe storage area.
[Ord. No. 07-193 §6, 12-27-2007]
Enforcement of this Article shall be the responsibility of the
County Counselor.
[Ord. No. 96-168 §7, 12-30-1996; Ord. No. 07-193 §7, 12-27-2007]
Any person violating this Article shall be adjudged guilty of
a misdemeanor punishable by a fine not to exceed five hundred dollars
($500.00) per incident in which fireworks are confiscated.
