[CC 1968 §8-15; Ord. No. 442 §1, 6-2-1969]
For purposes of this Chapter, the term "fireworks" shall mean and include any combustible or explosive compositions or any substance, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation.
[CC 1968 §8-16; Ord. No. 442 §2, 6-2-1969; Ord. No. 751 §1, 5-20-1974; Ord. No. 913 §1, 9-6-1977; Ord. No. 1067 §1, 5-5-1980; Ord. No. 1159 §1, 6-21-1982; Ord. No. 1377 §1, 3-18-1985; Ord. No. 1705 §1, 3-21-1988; Ord. No. 1811 §1, 3, 2-21-1989; Ord. No. 4034 §1, 2-20-2007]
It shall be unlawful for any person, firm or corporation to store, sell or offer for sale fireworks of any type within the City limits, provided however, notwithstanding any ordinance or Fire Code provision to the contrary, sale of fireworks shall be permitted by local, non-profit, religious or community service organizations within the City limits for a period of four (4) days, said days being the first (1st), second (2nd), third (3rd) and fourth (4th) days of July and ending at Midnight on the said fourth (4th) day of July of each year. Provided further, notwithstanding any ordinance or Fire Code provision to the contrary, it shall be unlawful for any person, firm or corporation, including local, non-profit, religious or community service organizations, within the City limits to store, sell or offer for sale bottle rockets, rockets of all types and size and any and all fireworks with an aerial trajectory having a cylinder or cartridge holding a propellant charge which cylinder or cartridge is not intended to be completely consumed before landing.
Any such local, non-profit, religious or community service organization desiring to sell or offer for sale permitted fireworks within City limits shall make written application to the Revenue Collections Department subject to the following conditions:
Not more than one (1) fireworks permit shall be issued per three thousand (3,000) population; provided, that the qualified organization holding a permit for the year 1984 shall be entitled to apply for and receive a permit irrespective of such population limit for as long as the application is resubmitted annually. Should the application not be resubmitted in any year, then should the applicant submit in a subsequent year, the application will be subject to the population limitation herein set forth.
The population of the City for the purpose of this Section shall be determined annually by the City, submitted to and approved by the City Council. This determination shall be submitted to the City Council on or before January first (1st) of each year.
Applicants for a fireworks permit in excess of the population limit shall be placed on a waiting list maintained by the City Clerk; and, at such time as a permit is available, then those on the waiting list shall be contacted and given an opportunity to present an application for a permit for consideration by the City Council.
Applications for renewal of licenses in effect for the year 2015 and renewals for subsequent years must be applied for between January first (1st) and April first (1st); all applications including each applicants' location of the fireworks stand, the tent size and related information will be presented for consideration at the first (1st) regular City Council meeting after April first (1st).
[Ord. No. 4536 §1, 3-16-2015]
In the event fireworks permits are available, applicants for a fireworks permit who were not permit holders in the year 1984 or in the year prior to the application will be notified by the City Clerk by April fifth (5th) of each year; and applicants must complete and submit the application on or before April twenty-fifth (25th) and thereafter appear at the first (1st) regular meeting of the City Council in May, at which time applicant must present the location of the fireworks stand, the tent size and other related information.
At the time the application for a fireworks permit is presented to the City Council, the applicants are required to provide in a form approved by the City the intended use of the funds produced from the fireworks sale, together with a proposal projecting the financial benefits from the operation of the fireworks stand, including the profit percentage expected by the applicant for the sale of the fireworks; and applicants shall satisfy the City Council that all monies collected from the sale of fireworks will be the funds of the applicant or organization subject to payment of expenses.
[Ord. No. 4536 §1, 3-16-2015]
All permits issued and approved by the City Council are personal to the applicant and non-transferable. The sale of fireworks or operation of a facility for the sale of fireworks by someone other than the license holder shall void the permit and cause forfeiture of the permit fee.
All fees collected from fireworks permits shall go to the General Fund.
No permit shall be issued until an authorized representative of the applicant shall have appeared at a meeting of the City Council and provided the information herein set forth, together with any other information requested by the Council.
No permittee shall allow other than unpaid volunteers of said permittee or organization to participate in any respect in the sale of fireworks or operation of the place of sale.
Any such person, firm or corporation making application for a permit shall accompany said application with a fee of two hundred seventy-five dollars ($275.00) for each location that a permit is sought. If the application is not approved by the City Council, the two hundred seventy-five dollars ($275.00) fee shall be returned to the applicant. If such application is approved, then the total fee shall be two hundred seventy-five dollars ($275.00) which shall be retained by the City of Blue Springs and be used as provided herein.
Any such person, firm or corporation making application for a permit shall accompany said application with current proof of insurance to remain on file in the Revenue Collections Department.
The grant or denial of a fireworks permit shall be at the sole discretion of the City Council based upon the foregoing standards; and all applications must contain the name of the applicant, in addition to a detailed description of the proposed location and the provisions to be taken pursuant to fire protection. The site location is limited to property which is zoned for commercial or industrial use; and the actual stand, tent or facility shall be at least one hundred (100) feet from any temporary or permanent building.
The City Council shall have the power to limit or prohibit the sale and/or shooting or detonation of fireworks for any of the dates designated by the Code of Ordinances of the City of Blue Springs, but said decision to limit or prohibit shall be made before 12:01 A.M. on the sixteenth (16th) day of June of the year said limitation or prohibition is to take place.
[CC 1968 §8-17; Ord. No. 442 §3, 6-2-1969; Ord. No. 913 §2, 9-6-1977; Ord. No. 1811 §2, 2-21-1989; Ord. No. 3874 §1, 5-16-2005]
It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such a manner that the explosion of same will be likely to endanger or cause injury or damage to any person or property; provided further, that it shall be unlawful for any person to shoot or detonate fireworks of any nature within the City limits except on the first (1st), second (2nd) and third (3rd) days of July of each year between the hours of 10:00 A.M. and continuing until the hour of 11:00 P.M. and on the fourth (4th) day of July of each year between the hours of 10:00 A.M. and continuing until the hour of Midnight. Provided further, notwithstanding any ordinance or Fire Code provision to the contrary, it shall be unlawful for any person to possess, throw, use, explode, detonate or shoot, within the City limits, bottle rockets, rockets of all types and size and any and all fireworks with an aerial trajectory having a cylinder or cartridge that is not intended to be completely consumed before landing.
[Ord. No. 3636 §1, 12-1-2003]
It shall be unlawful for any person to throw, use, explode, detonate, aim, point or shoot fireworks, including pyrotechnic devices, in such a manner that, after it is ignited, will propel it, or any part thereof, such that it, or any part thereof, lands on property not owned by the person shooting the fireworks.
If there is damage to any property resulting from any of the aforesaid actions, it shall be the responsibility of the person or persons violating this Section.
[CC 1968 §8-18; Ord. No. 442 §4, 6-2-1969; Ord. No. 3636 §2, 12-1-2003]
Any person or persons found in violation of any provision or provisions of this Chapter, as heretofore set forth shall upon conviction thereof, be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred fifty dollars ($150.00), or imprisonment; and provided further, that each such unlawful act shall constitute a separate offense.