[Ord. No. 3235 §1, 8-5-2013]
For the provisions of this Article, the following terms shall
have the meanings indicated:
Any composition or device for the purpose of producing a
visible or an audible effect for entertainment purposes by combustion,
deflagration, or detonation that meets the definition of "1.4G fireworks"
or "1.3G fireworks" as set forth herein.
Small fireworks devices containing restricted amounts of
pyrotechnic composition designed primarily to produce visible or audible
effects by composition. Such 1.4G fireworks which comply with the
construction, and labeling regulations of the DOTn for Fireworks,
UN0336, and the U.S. Consumer Product Safety Commission as set forth
in CPSC 16 CFR: Parts 1500 and 1507, are not explosive material for
the purpose of the Code. "Fireworks" shall mean and include, but are
not limited to the following: blank cartridges, toy pistols, toy cannons,
toy canes or toy guns in which explosives are used, the type of balloons
that require fire underneath to propel the same, fire crackers, torpedoes,
skyrockets, roman candles, sparklers, or other fireworks of like construction
or other device or any explosive substance. "Fireworks" shall not
include toy guns, toy pistols, toy canes, and other devices where
twenty-five hundredths (0.25) grain or less of an explosive compound
are used.
Large fireworks devices, which are explosive materials, intended
for use in fireworks displays and designed to produce audible or visible
effects by combustion, deflagration, or detonation. Such 1.3G fireworks
include, but are not limited to firecrackers containing more than
one hundred thirty (130) milligrams [two (2) grains] of explosive
composition, aerial shells containing more than forty (40) grams of
pyrotechnic composition, and other display pieces that exceed the
limits for classification as 1.4G fireworks. Such 1.3G fireworks are
also described as fireworks, UN0335 by the DOTn. Examples are devices
typically displayed at commercial or professional displays.
[Ord. No. 3235 §1, 8-5-2013]
Nothing in this Article shall be construed as applying to the
manufacture, storage, sale or use of signals necessary for the safe
operation of railroads or other classes of public or private transportation,
nor applying to the military or naval forces of the United States
or of this State or to peace officers, nor as prohibiting the sale
or use of blank cartridges for ceremonial or theatrical or athletic
events or agricultural purposes.
[Ord. No. 3235 §1, 8-5-2013]
No retailer, dealer or any other person shall sell, offer for
sale, store, display or have in his/her possession any fireworks that
have not been approved and labeled as 1.4G fireworks as defined above.
No fireworks shall be sold except during the fireworks season as herein
defined. "Fireworks season" shall be the period beginning on the 20th
day of June and continuing through the fifth day of July of the same
year.
[Ord. No. 3235 §1, 8-5-2013; Ord. No. 3650, 5-1-2023]
No person shall sell, offer for sale, store or display fireworks
within the corporate limits of the City without first having obtained
a license to do so from the City. Each location shall require a separate
license. The license fee for approved charitable organizations shall
be the same. No license shall be issued to anyone until he/she has
furnished proof of liability insurance in the amount of one hundred
thousand dollars ($100,000.00) per person and in the amount of three
hundred thousand dollars ($300,000.00) per accident and property insurance
in the amount of one hundred thousand dollars ($100,000.00).
[Ord. No. 3235 §1, 8-5-2013; Ord. No. 3650, 5-1-2023]
No fireworks exhibitions shall be held within the corporate
limits of the City without first obtaining a permit from the Board
of Aldermen. Permits will be subject to such reasonable rules and
regulations as the Board may decide upon.
[Ord. No. 3235 §1, 8-5-2013]
The fees provided for hereunder are separate and in addition
to any other fees provided for and required by any other provision
of this Code or ordinance to the City.
[Ord. No. 3235 §1, 8-5-2013]
A.
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 a separate and
distinct section or department of the store.
B.
Fireworks shall not be stored, kept, sold or discharged within fifty
(50) 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 in stores
where cleaners, paints and oils are handled in sealed containers only.
C.
It shall be unlawful to expose fireworks to direct sunlight through
glass to the merchandise displayed, except where the fireworks are
in the original package. All fireworks that the public may examine
shall be kept for sale in original packages, except where an attendant
is on duty at all times where fireworks are offered for sale. Fireworks
shall be kept in showcases out of the reach of the public when an
attendant is not on duty. One (1) or more signs reading, "FIREWORKS—NO
SMOKING," in letters not less than four inches in height, shall be
displayed at all places where fireworks are stored or sold.
[Ord. No. 3235 §1, 8-5-2013]
One (1) five-pound multi-purpose fire extinguisher and one (1)
air-pressurized water extinguisher shall be provided and kept in close
proximity to the stock of fireworks in a building or stand where fireworks
are sold and/or stored.
[Ord. No. 3235 §1, 8-5-2013; Ord.
No. 3434, 4-2-2018; Ord. No. 3441, 6-4-2018]
All persons engaged in the retail sale of fireworks shall prominently
display signs furnished by the City advising the general public that
it is illegal to fire fireworks within the corporate limits of the
City except between the hours of 7:00 a.m. and 10:00 p.m. on July
1st and 2nd and between the hours of 7:00 a.m. and 12:00 a.m. on July
3rd and 4th. Any such sign must also state that discharge of bottle
rockets is prohibited by Harrisonville City Ordinance within the City
limits. Such sign must be displayed at checkout and at the point of
bottle rocket display.
[Ord. No. 3235 §1, 8-5-2013; Ord.
No. 3434, 4-2-2018; Ord. No. 3441, 6-4-2018; Ord. No. 3664, 9-5-2023]
No person shall discharge any fireworks within the corporate
limits of the City without a permit except during the period of July
1 to July 4. Fireworks shall be allowed to be discharged during this
period as follows:
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July 1, 9:00 A.M. to 10:00 P.M.
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July 2, 9:00 A.M. to 10:00 P.M.
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July 3, 9:00 A.M. to 12:00 A.M. (midnight)
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July 4, 9:00 A.M. to 12:00 A.M. (midnight)
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December 31, 11:50 P.M. to January 1, 12:10 A.M.
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[Ord. No. 3235 §1, 8-5-2013]
No person shall discharge any fireworks from a moving vehicle,
and no driver of a vehicle shall allow fireworks to be discharged
from the vehicle that he/she is driving.
[Ord. No. 3235 §1, 8-5-2013; Ord.
No. 3434, 4-2-2018; Ord. No. 3441, 6-4-2018]
No person or persons shall discharge bottle rockets as defined
herein within the corporate limits of the City of Harrisonville. "Bottle rocket" is defined as an aerial fireworks device
that has a wood, bamboo, or plastic stick attached and has an overall
length of less than eighteen (18) inches.
