[Ord. No. 1226 §1, 8-13-2013]
It is hereby declared to be the intent of the Board of Aldermen,
in the exercise of its police powers to protect the public health,
safety and welfare, to regulate the use, sale and public display of
fireworks.
[Ord. No. 1226 §1, 8-13-2013]
This Chapter shall be administered by the City Clerk or his/her
authorized representatives who shall take such action as may be reasonable
and necessary to secure compliance therewith.
[Ord. No. 1226 §1, 8-13-2013]
The City Clerk, the City Building Inspector, or his/her authorized
representative, shall inspect structures for the sale of fireworks
and sites for public display of fireworks within the jurisdiction
of the City to determine if said structure or site meets the requirements
of the Chapter and to enforce the provisions of this Chapter.
[Ord. No. 1226 §1, 8-13-2013]
The following words shall have the meanings set out below when
used in this Chapter:
Any small firework device designed primarily to produce visible
effects by combustion and which must comply with the construction,
chemical composition and labeling regulations of the United States
Consumer Product Safety Commission, as set forth in Title 16, CFR,
Part 1507, some devices containing fifty (50) mg or less of explosive
composition, and aerial devices containing one hundred thirty (130)
mg or less of explosive composition. Common fireworks are classified
as Class "C" explosives by the United States Department of Transportation.
Any composition or device for the purpose of producing a
visible or an audible effect by combustion, deflagration or detonation,
and which meets the definition of "common or special fireworks" as
set forth in the United States Department of Transportation (D.O.T.)
Hazardous Materials Regulations, Title 49, Code of Federal Regulations,
Parts 173.88 and 173.100.
|
Exceptions: Toy pistols, toy canes, toy guns, or other devices
in which paper and/or plastic caps manufactured in accordance with
D.O.T. Regulations, 49 CFR 173.100 (R) are not considered fireworks
and shall be allowed to be sold at all times. Model rockets and model
rocket motors designed, sold and used for purposes of propelling recoverable
aero models are not considered fireworks.
|
Any structure which is permanent, used for the sale of common
fireworks and offers for sale to the public only those fireworks which
are lawful to offer for sale to the general public within the State
of Missouri.
[Ord. No. 1226 §1, 8-13-2013]
No person shall offer for sale or public display any fireworks
or common fireworks without first securing a permit therefore from
the City Clerk.
[Ord. No. 1226 §1, 8-13-2013]
Any person, firm, or corporation desiring to secure a permit
for the sale of fireworks shall make written application to the City
Clerk on forms provided therefor, stating the name, address, state
sales tax number, telephone number of the person requesting the permit
and the address where the fireworks stand is to be located, together
with such additional information concerning the site of the stand
as may be reasonably required.
[Ord. No. 1226 §1, 8-13-2013]
A.
Application for a permit to operate a display of fireworks in conformance
with the terms of the National Fire Protection Association, Standard
for Public Display of Fireworks, NFPA 1123, current edition, and of
the general laws of the City of Mound City and the State of Missouri
shall be made in writing on forms provided by the office of the City
Clerk.
B.
Such application shall set forth:
1.
The name of the organization sponsoring the display, together with
the names of persons actually in charge of the firing of the display.
2.
Evidence of financial responsibility.
3.
The date and time of day at which the display is to be held.
4.
A description setting forth the age, experience, and physical characteristics
of persons who are to do the actual discharging of the fireworks.
5.
The number and kinds of fireworks to be discharged.
6.
The manner and place of storage of such fireworks prior to display.
7.
A diagram of the grounds on which the display is to be held showing
the point at which the fireworks are to be discharged, the location
of all buildings, highways and other lines of transportation, the
lines behind which the audience will be restrained, and the location
of all nearby trees, telegraph or telephone lines or other overhead
obstructions.
C.
Upon receipt of such application, at least fifteen (15) days in advance
of the date set for this display, the City Clerk or his/her authorized
representative shall make or cause to be made, an investigation of
the site of the proposed display for the purpose of determining whether
the provisions of these regulations are complied with in the case
of the particular display. He/she shall confer with the appropriate
authorities about the application and whether issuance of a permit
would be consistent with public safety. Being satisfied that the display
is properly lawful, the City Clerk or his/her authorized representative
shall endorse the application, stating that the display is in conformance
with all parts of the law and these regulations. Failure to receive
approval on said application shall be sufficient cause for the office
of the City Clerk to deny the permit.
D.
The applicant, following endorsement by the City Clerk, shall provide
the City Clerk with the required financial responsibility as required
by ordinance. The City Clerk shall then collect the permit fee as
set by resolution adopted by the Board of Aldermen, and issue a non-transferable
permit authorizing the said public fireworks display.
[Ord. No. 1226 §1, 8-13-2013]
A.
The City Clerk shall issue a permit to any person who is in conformity with Section 235.060, Application for Permit for the Sale of Fireworks, or Section 235.070, Application for Permit for Public Displays of Fireworks, upon payment of the permit fee. Those applying for permits for the public display of fireworks or public sale of fireworks may be issued a permit contingent upon proof of financial responsibility in the following amounts:
1.
In any case, the insurance required by this Section shall insure
the person, persons or organization holding a public display of fireworks
against loss from the liability imposed by law for injury to, or death
of any person, or damage to any property arising out of such a public
display of fireworks to the amount of one hundred thousand dollars
($100,000.00), exclusive of interest and costs, on account of injury
to, or death of any one (1) person, and subject to the same limit
as respects injury to or death of one (1) person, of five hundred
thousand dollars ($500,000.00) exclusive of interest and costs, on
account of the any one (1) public display of fireworks, resulting
in injury to or death of more than one (1) person, and of three hundred
thousand dollars ($300,000.00) for property damage to property of
others resulting from the public display of fireworks as outlined
by this Section.
2.
In any case, the insurance required under this Section shall insure
the person(s) selling fireworks or displaying fireworks against loss
from liability imposed by law for injury to, or death of any person,
or damage to any property growing out of the sale or public display
of fireworks to the amount or limit of one hundred thousand dollars
($100,000.00), exclusive of interest and costs, on account of injury
to, or death of any one (1) person, and subject to the same limit
as respects injury to or death of more than one (1) person, of five
hundred thousand dollars ($500,000.00), exclusive of interest and
costs, on account of the sale of or public display of fireworks resulting
in injury or death of more than one (1) person, and of three hundred
thousand dollars ($300,000.00) for damage to property of others resulting
from the sale or public display of fireworks on any one (1) structure.
[Ord. No. 1226 §1, 8-13-2013]
Upon completion of the setup of a building for the public sale of fireworks, the permittee shall notify the City Clerk or his/her authorized representative who shall cause to be made an inspection of the site within forty-eight (48) hours of such notice, or as soon thereafter as practicable. The inspection of a site for the public display of fireworks shall be completed as outlined in Section 235.070.
[Ord. No. 1226 §1, 8-13-2013]
A.
The following regulations shall be considered as minimum requirements
and shall be upheld in all cases involving any site within the City
of Mound City which offers fireworks for sale to the public.
1.
All firework stands offering fireworks for sale to the public shall
be permanent buildings or structures and shall offer for sale at such
site or within such structure those fireworks as are lawful for sale
to the general public by Missouri State law. Sale of fireworks is
prohibited in freestanding or temporary structures, including but
not limited to tents, semi-trailers, or other towable enclosures.
2.
Any fireworks stand shall be located a minimum of fifty (50) feet
from any inhabited structure and fifty (50) feet from any public walk,
street or thoroughfare. No fireworks stand shall be located within
fifty (50) feet of any hospital, school, bulk storage of flammable
liquids or flammable gases.
3.
No fireworks stand shall contain any more than five hundred (500)
pounds of pyrotechnic material at any one time.
4.
All fireworks stands shall be kept clean, orderly, free of accumulation
of dust or rubbish, dry and free of grit, paper, empty used packages
and debris. Brooms and other cleaning utensils shall not have spark-producing
metal parts. Sweepings from the structure shall be disposed of properly.
5.
The area surrounding the stand shall be kept clean of brush, dried
vegetation, leaves and similar combustibles for a distance of at least
twenty-five (25) feet.
6.
Smoking, matches, open flames, spark-producing devices and firearms
shall not be permitted inside or within twenty-five (25) feet of any
fireworks stand.
7.
Smoking shall not be permitted inside of or within twenty five (25)
feet of any fireworks stand. Signs reading "Fireworks - No Smoking"
in letters at least two (2) inches high shall be conspicuously posted.
8.
All artificial lighting at a fireworks stand shall be electrically
powered. A master electrical disconnect shall be provided at the point
where the electrical service enters the structure; this master disconnect
shall be arranged such that all electrical power to the structure
is simultaneously interrupted when the disconnect is in the off position.
9.
All openings to any fireworks stand shall be equipped with a means
of locking.
10.
All doors shall open outward and be free from any obstruction.
[Ord. No. 1226 §1, 8-13-2013]
A.
No person shall use or cause to be used any other common fireworks
at any time except during the hours of 8:00 A.M. to 12:00 Midnight
on each of the following days: July 2, 3, and 4.
B.
Any other use of fireworks or common fireworks, except such as outlined
by this Chapter, shall be a direct violation of this Chapter.
[Ord. No. 1226 §1, 8-13-2013]
Any person, whether individually or as a member or employee
of a partnership or as an officer, agent or employee of a corporation,
who directs or knowingly permits any violation of any of the provisions
of this Chapter, or who aids or assists therein, or who shall violate
any prohibition or mandate of this Chapter, shall be guilty of a misdemeanor,
and upon conviction thereof, shall be punished by a fine not to exceed
five hundred dollars ($500.00) or be imprisoned in jail for not more
than three (3) months, or both such fine and imprisonment. A separate
offense shall be deemed committed upon each day during or upon which
a person violates any provision of this Chapter.
[Ord. No. 1226 §1, 8-13-2013]
The City Clerk shall charge a yearly fee of fifty dollars ($50.00)
for each fireworks stand that is subject to this Chapter. A fee of
fifty dollars ($50.00) shall be charged for each permit for public
display of fireworks.
