[CC 1988 §62.010; Ord. No. 785 §1, 1-6-1992; Ord. No. 3880, 8-6-2018]
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- The term "fireworks," as used in this Section, means any composition or device, containing any combustible or explosive substance, which is used for, designed for, sold for, marketed for or displayed for its visible or audible effect by combustion, explosion, sparks emission, deflagration or detonation and included both common fireworks as defined in 49 C.F.R. § 173.108; special fireworks as defined in 49 C.F.R. § 173.91; ground and hand-held sparkling devices, items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, helicopters, aerials, spinners, Roman candles, mines shells, blank cartridges, toy pistols, toy canons, toy canes, toy guns in which explosives are used, the type of rockets which require fire underneath to propel them, firecrackers, torpedoes, salutes, chasers, skyrockets, missile-type rockets and pipe bombs. Notwithstanding the foregoing, the term "fireworks" shall not include toy pistols, toy canes, toy guns, unlit auto flares, auto flares used around a temporarily disabled vehicle in a public area, or other devices in which there are paper caps containing twenty-five hundredths (0.25) of a grain or less of explosive substance.
- Any corporation, association, partnership, legal entity or individual (whether a minor or an adult) or group of persons.
Findings. The Board of Aldermen finds that fireworks can be harmful to the public health and safety. In an effort to reconcile this with the manner in which many residents choose to demonstrate their patriotism and to celebrate the birth of this nation the following guidelines for the use of fireworks has been decided upon.
Sales Of Fireworks. It shall be unlawful for any person to construct a retail display or to sell, offer for sale, or possess for the purpose of sale, any fireworks within the City. This Section does not apply to the storage of special fireworks by any person holding a permit for public displays as provided in Subsection (L) of this Section.
Discharge Of Fireworks Prohibited (Exception):
Except as provided in Subsection (D)(2), it shall be unlawful for any person to willfully set off, use, burn, explode or fire off any firecrackers, fireworks, torpedoes, bombs, rockets, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols, rocket, missile or aerial firework containing or originally manufactured with a stick or fin or other fireworks of a like kind within the municipal boundaries of the City; provided, however, that this Section shall not apply to authorized public demonstrations or displays of fireworks. Said public demonstrations or displays of fireworks shall have an approved special events permit and valid permit from the appropriate fire protection district of venue.
It shall be lawful for any person seventeen (17) years of age or older and for minors under the age of seventeen (17) provided such minor is under constant adult supervision to set off, use, burn, explode or fire off fireworks that do not contain or originally manufactured with a stick or fin, firecrackers, fireworks, torpedoes, bombs, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols or other fireworks of a like kind within the municipal boundaries of the City only between the hours of 12:00 p.m. and 10:30 p.m. on July 3 and July 4 of each and every calendar year. It shall be unlawful for any person or entity to sell, transfer, use, discharge, ignite, light, market, display or possess any rocket, missile or aerial firework that contains or was originally manufactured with a stick or fin.
Enforcement. Police Officers are to enforce this Section strictly. Any person found to be in possession of, setting off, using, burning, exploding or firing off, any fireworks in violation of this Section may have such items confiscated by Police Officers.
Adults Prohibited From Allowing Minors To Violate Fireworks Prohibition. No person or entity shall permit or allow a minor under the age of seventeen (17) years to possess, store, expose, use, explode, discharge, set off, or burn fireworks of any kind or description within the limits of the City of Lake Saint Louis unless constant adult/parental supervision is present and only during the designated hours of July 3 and 4 as set forth in subsection (D)(2) above. Should a person under the age of seventeen (17), discharge, set off, or burn fireworks of any kind or description the parent who failed to exert parental control shall be held responsible and may receive a summons for violating this Subsection of this Section.
Prohibited Locations Of Use. Notwithstanding any other provision of this Section, it shall be unlawful for any person to willfully set off, use, burn, explode or fire off any fireworks, including, but in no way limited to, non-rocket, non-missile or aerial fireworks that do not contain or were originally manufactured with a stick or fin, on any property owned by the City including any streets and cul-de-sacs or any park within the City at any time, including the hours of 12:00 p.m. and 10:30 p.m. on July 3 and 4 without an approved special events permit and valid permit from the appropriate fire protection district of venue.
Red Flag Warning. A red flag warning, which is also known as a fire weather warning, is a forecast warning issued by the United States National Weather Service to inform area firefighting and land management agencies that conditions are ideal for wildfire combustion, and rapid spread. After drought conditions, when humidity is very low, and especially when high or erratic winds which may include lightning are a factor, the red flag warning becomes a critical statement for firefighting agencies. Notwithstanding other provisions of this Section that permit the limited discharge of fireworks during limited hours on July 4, a fireworks ban may be declared upon the consensus of the Mayor, the Police Department and the Fire District based on a red flag warning.
Responsibility Of Property Owner Or Agent. It shall be unlawful for the owner, agent, or other qualified person to use, allow for use, consent to, or provide property within the limits of the City of Lake Saint Louis for the unauthorized discharge of fireworks or other violation of the provision of this Section.
Confiscation Of Fireworks. The Lake Saint Louis Police Department is hereby authorized to confiscate fireworks from the possession of any person who is engaged in violation of this Section.
Disposition Of Confiscated Fireworks. Fireworks confiscated under this Section will be photographed for evidentiary purposes and destroyed.
Exceptions. The prohibitions of this Section shall not apply to authorized public demonstrations or authorized displays of fireworks. Said public demonstrations or displays of fireworks shall have an approved special events permit and valid permit from the appropriate fire protection district of venue and approval by a licensed pyrotechnic in accordance with all rules and regulations or other laws of the City of Lake Saint Louis, State of Missouri, or other regulatory authority.
Education. Lake Saint Louis social media sites or other media outlets may be used to distribute fireworks safety information. Outlined should be general fireworks safety principles. Information will be provided to educate the public as to the dates and times in which it will be legal to use and discharge fireworks within the City of Lake Saint Louis.
Unless there are extenuating circumstances identified by the Police Officer issuing a summons for a first offense violation of this Section that would warrant an appearance in Municipal Court, any person or entity which receives a summons for a first offense of this Section may plead guilty to such offense and pay a fine of one hundred dollars ($100.00) plus applicable court costs without the requirement of a court appearance, or such person or entity may appear in Court to challenge the alleged violation. Any person or entity charged with a second or subsequent violation of this Section or any Subsection thereof within a twelve (12) month period shall be required to appear in Court in response to such summons.
Any person or entity which violates the provisions of this Section or any Subsection thereof for the first time within a twelve (12) month period shall be guilty of an offense and upon conviction thereof in Court shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation or by imprisonment for not less than five (5) days nor more than ninety (90) days in jail for each violation, or both such fine and imprisonment.
If a person or entity is convicted of a second or subsequent violation of the provisions of this Section or any Subsection thereof within a twelve (12) month period, such person or entity shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) for each violation or by imprisonment for not less than ten (10) days nor more than ninety (90) days in jail for each violation, or both such fine and imprisonment.
[CC 1988 §62.300]
No person shall kindle, set fire to or burn any leaves, paper, trash or other flammable material whatsoever in the City. No person shall burn, ignite, set fire to or maintain in any manner the burning of garbage, refuse, waste, trash, straw, paper, weeds, leaves, grass clippings, construction debris or other similar combustible material within the City at any time. This Article specifically shall not prohibit open barbecuing of food.
[CC 1988 §62.310]
The open burning of land-cleared debris may be permitted under the following conditions:
A permit must be obtained from the City's Police Chief.
Burning shall only be permitted between the hours of 8:30 A.M. and 4:00 P.M. Fire must be extinguished and all ashes covered.
Burning shall only be done in a pit, approved by the appropriate Fire Department, which shall be no closer than one thousand (1,000) feet from the nearest building.
Evidence that the proposed burning operation has been approved by the Fire Department having jurisdiction in the burning area shall be required.
Burning shall be permitted only during the days and months specified in the approved permit.
Any person intending to engage in the open burning of land-cleared debris shall submit an application to the Police Chief. This application shall include the following information:
The name, address and telephone number of the applicant.
A statement as to the need for receiving a permit.
A description of the equipment, operating practices and the type of material to be burned.
Evidence that the proposed burning activity has been approved by the appropriate Fire Department.
The length of time (days and months) required to complete the burning operation.
Produce evidence of permit from the Department of Natural Resources.
[CC 1988 §62.320]
All designated fees shall be twenty-five dollars ($25.00) for all burning permits issued in Lake Saint Louis.