[R.O. 1996 § 235.010; 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.
[R.O. 1996 § 235.020; 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]
A.
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[1] 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, second, third and fourth days of July and ending at Midnight
on the said fourth 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.
B.
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:
1.
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.
2.
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
of each year.
3.
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.
4.
Applications for renewal of licenses
in effect for the year 2015 and renewals for subsequent years must
be applied for between January 1 and April 1; all applications including
each applicants' location of the fireworks stand, the tent size and
related information will be presented for consideration at the first
regular City Council meeting after April first.
[Ord. No. 4536 § 1, 3-16-2015]
5.
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 of each year; and applicants must
complete and submit the application on or before April 25 and thereafter
appear at the first 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.
6.
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]
7.
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.
8.
All fees collected from fireworks
permits shall go to the General Fund.
9.
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.
10.
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.
11.
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.
12.
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.
C.
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.
D.
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 16th day of June of the year said limitation
or prohibition is to take place.
[R.O. 1996 § 235.030; 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]
A.
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, second and third 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 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,[1] 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.
B.
Fireworks display permits are required for public and private aerial fireworks displays by licensed commercial or private pyrotechnic operators through special event permit application. Fireworks display permits may be issued for dates outside of those in Subsection (A).
[Ord. No. 4768, 10-1-2018]
1.
Each application shall contain a Missouri pyrotechnic display operator's
license number and the number, kind, and size of fireworks to be discharged.
2.
Applicant shall provide current proof of insurance with City-required
general liability coverage in the amount of one million dollars ($1,000,000.00)
to cover payment of all damages which may be caused either to a person
or persons or to property by reason of the permitted display and arising
from any acts of the permittee, or any agents, employees or subcontractors.
At the discretion of the City, a bond in the same amount, subject
to approval by the City Attorney or their designee, may be substituted
for the insurance required herein.
3.
Applicant shall attach a diagram of the area within which the display
is to be held, showing the point at which the fireworks are to be
discharged.
4.
Prior to issuance of the fireworks display permit, the application
fee shall be paid and the application completed and approved by the
City and the applicable Fire Protection District.
5.
Applicant shall notify the applicable Fire Protection District when
the fireworks material arrives at the discharge site.
6.
A site inspection, performed by the applicable Fire Protection District,
shall be scheduled by applicant for no later than three (3) hours
prior to the display. The inspection shall be scheduled after the
display structure is built and all devices are placed and connected
and ready for activation.
[R.O. 1996 § 235.035; Ord. No. 3636 § 1, 12-1-2003]
A.
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.
B.
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.
[R.O. 1996 § 235.040; CC 1968 § 8-18; Ord. No. 442 § 4, 6-2-1969; Ord. No. 3636 § 2, 12-1-2003]
Each such unlawful act shall constitute
a separate offense.
