[CC 1988 §16.1-1; Ord. No. 3219 §2, 5-15-1995]
A.
It shall be unlawful for any person to use, shoot, set off, burn, explode or fire off any fireworks, firecrackers, bombs, rockets, Roman candles, or other fireworks or explosive devices of any kind within the City, unless authorized by a permit issued under Subsection (B) of this Section.
B.
Any
fair association, amusement park, organization, firm or corporation
proposing to conduct a public fireworks display and possessing a "special
fireworks" permit from the State Fire Marshal pursuant to Section
320.126, RSMo., may apply to the City Council for a City "special
fireworks" permit and the City Council may issue such permit for the
time and place and under the same conditions authorized by the State
permit.
D.
Any
person, organization or corporation receiving a permit agrees to indemnify
and hold the City harmless from any and all claims or liabilities
arising out of or relating to the sale of fireworks. Any person, organization
or corporation further agrees to provide the City with a copy of their
certificate of insurance in the amount of one million dollars ($1,000,000.00)
naming the City of De Soto as an additional insured.
[CC 1988 §16.1-2; Ord. No. 3219 §2, 5-15-1995]
It shall be unlawful for any person to sell, offer for sale,
display, barter, exchange or transfer any fireworks, firecrackers,
bombs, rockets, Roman candles, or other fireworks or explosive devices
of any kind without a permit to do so as provided in this Chapter.
[CC 1988 §16.1-3; Ord. No. 3219 §2, 5-15-1995; Ord. No. 3380 §1, 10-18-1999; Ord. No. 3603 §1, 11-15-2004; Ord. No. 3960 §1, 1-21-2013]
A.
No
person, organization or corporation shall sell, offer for sale, display,
barter, exchange or transfer any fireworks of any kind without first
obtaining a permit from the City Manager. No permit will be issued
for sales on City alleys, streets, sidewalks, parks, or any other
municipally owned property.
B.
The
City Manager shall not grant more than five (5) permits in any one
(1) year. The permits will be considered in the order received each
year. The City Manager may refuse to issue a permit to any person,
organization or corporation which has had a State or City permit suspended
or revoked, or if such person or someone with a financial interest
in such organization or corporation is not of good moral character,
based upon a background check by the Chief of Police. (Special permits
may be granted for the new millennium celebrations.)
C.
Applications
for permits shall be made between May first (1st) and June first (1st)
of each year to the City Clerk. (A special permit may be applied for
between November first (1st) and December first (1st) for the new
millennium celebrations.)
D.
Permit
fees shall be three hundred fifty dollars ($350.00) for each permit.
E.
Permits
shall only be issued for seasonal retailers for the period beginning
on the twentieth (20th) day of June and continuing through the tenth
(10th) day of July and a separate permit is needed by the seasonal
retailer for each year. Permit holders may be open for business between
the hours of 9:00 A.M. and 10:00 P.M. on June twentieth (20th) through
July first (1st) and on July fifth (5th) through July tenth (10th)
and between the hours of 9:00 A.M. and 12:00 Midnight on July second
(2nd) through July fourth (4th). Permit holders may also be open for
business between the hours of 9:00 A.M. and 10:00 P.M. on December
twenty-fourth (24th) through December thirtieth (30th) and between
the hours of 9:00 A.M. and 12:00 Midnight on December thirty-first
(31st).
F.
Permits
shall not be issued unless the applicant presents a valid seasonal
retailer permit covering the same time period issued by the State
Fire Marshal.
G.
No
person, organization or corporation shall receive more than one (1)
permit each year.
H.
Any
person, organization or corporation receiving a permit will sell only
"consumer fireworks" as defined in Section 320.106, RSMo., and will
at all times comply with the terms of the permit issued by the State
Fire Marshal and the State fireworks regulations contained in Sections
320.106 through 320.161, RSMo., and all regulations promulgated pursuant
thereto.
I.
Every
person, organization or corporation obtaining a permit shall display
in a conspicuous place at the sales location a sign or placard, printed
in bold letters not smaller than two (2) inches in height, stating
the following: SHOOTING OF FIREWORKS IS PROHIBITED WITHIN THE CITY
LIMITS OF DE SOTO, MISSOURI.
J.
The
sales location will be equipped with adequate fire extinguishers and
safety devices as determined by the Fire Chief.
K.
The
permit shall be restricted to the location for which the permit is
issued, which location shall be specifically stated on the permit.
L.
Permits
are not assignable or transferable.
M.
The
permit will be displayed at the sales location so that it can be readily
seen by Fire and Police Officials.
N.
Permit
holders will cooperate with inspections and investigations by such
officials.
O.
The
holder of the permit will conduct the sales operation so as not to
endanger or disturb the public peace, health, safety and welfare of
the citizens of the City. The City shall have no liability for damages
to persons or property caused or contributed to by a permit holder
or agents thereof.
P.
Seasonal
retail sales are only permitted under zoning classifications "C-3",
"M-1" and "M-2", so permits shall not be issued for premises located
in any other zoning classifications. Temporary structures or tents
will only be permitted in areas where appropriate and shall be removed
at the end of the period of the permit.
