[Ord. No. 79-26, § 1, 9-4-1979]
All that part of the City of Lexington comprised within the
following described boundaries shall be known as the fire limits of
said City. Commencing at the junction of Main Street with Highland
Ave, thence east along Main Street to Eighth; thence south with Eighth
Street to Franklin Avenue, thence east along Franklin Avenue to Ninth
Street; thence south along Ninth Street to the alley south of Franklin
Avenue; thence east along said alley to Thirteenth Street; thence
north along Thirteenth Street across Main Street to the east end of
the alley in block number twenty-eight (28) thence west with said
alley to Ninth Street; thence in a northwesterly direction along the
alley north of Broadway to Highland Avenue; thence along Highland
Avenue to the place of beginning.
[Ord. No. 72-26, § 2, 9-4-1979]
Hereafter it shall be unlawful for any person to construct,
build, place or move on, or cause to be constructed, built, placed
or moved on, any edifice, building, structure or shed, the outer walls
of which are in whole made of wood, within that part of the City of
Lexington embraced within the fire limits as described in the preceding
Section.
[Ord. No. 79-26, § 3, 9-4-1979]
Any person who shall construct, build, place or move on, or
suffer any wooden building to be constructed, built, placed, or moved
on, within the fire limits of the City of Lexington, contrary to the
provisions of the preceding Sections, shall be deemed a misdemeanor,
and upon conviction shall be fined not less than twenty-five dollars
($25.00) nor more than one hundred dollars ($100.00), and a like fine
for every week he shall continue in the violation of said Sections.
[Ord. No. 79-26, § 4, 9-4-1979]
Whenever any wooden building shall be constructed, built, place
or moved on, within the fire limits of this City contrary to the provisions
of this Article, it shall be the duty of the Mayor to issue an order
requiring the owner, occupant, person in charge of building thereof,
to cause such building to be taken down or removed outside the fire
limits. If the person so notified shall refuse or neglect for the
space of ten (10) days to comply with the requirements of the order
issued by the Mayor, as herein provided, then the Mayor shall cause
such building to be taken down or removed beyond said fire limits,
and the expense incident thereto may be recovered of the owner of
such building by suit in any court of competent jurisdiction.
[Ord. No. 79-26, § 5, 9-4-1979]
No person shall set up or use a stove or furnace the top or
any side of which shall be within two (2) feet of any part of the
woodwork of the wall or partition of any building without protecting
such woodwork with a metallic or other incombustible covering, so
as to effectually prevent the same from taking fire from such stove
or furnace; and every stove or furnace so set up shall be placed on
a platform of brick or sheet iron, or incombustible substance, extending
at least four (4) inches in every direction beyond the part of the
lower plate which fronts the door of the stove or furnace. And whenever
in the opinion of the City Marshal, any stove or furnace is in such
condition from any cause whatsoever, as to endanger the firing of
the building in which it is situated, or any adjoining building or
property, or any building or property in the vicinity, he shall give
the owner or occupant of the premises notice to change the construction
of such stove or furnace, so as to avoid, as far as practicable, all
such dangers. And if the construction of such stove or furnace renders
it impracticable to avoid such danger, then the notice aforesaid shall
require the owner or occupant of the premises to pull down the stove,
furnace, pipe, flue or chimney; and if the party notified shall neglect
or refuse to comply with the notice of the City Marshall for the space
of twenty-four (24) hours, the Marshall shall forthwith enter complaint,
in the corporate name of the City, against such person for violation
of this Article.
[Ord. No. 79-26, §§ 6-7, 9-4-1979]
A.
No person shall permit a stovepipe to project or pass through the
roof, walls or windows of any building, nor shall any person owning
or occupying a house in the City of Lexington permit a stovepipe to
run through any wooden wall or partition, unless the same shall enter
a brick or stone flue and is at least four (4) inches distant from
any woodwork. All stovepipes shall enter into stone or brick chimneys
or flues and all chimneys or flues shall be built of brick, stone
or other fireproof material, and shall be smoothly plastered inside
from top to bottom with metal asbestos double jacketed flue.
B.
The owner or agent of any owner of any house, store, shop or other
building within this Fire Zone shall cause the flues or chimneys thereof
to be swept or burned out as often as may be necessary to keep the
same clean. Provided that the chimneys and flues shall be burned out
only in the daytime and when rain is falling, or when the roof is
covered with snow.
[Ord. No. 91-6 §§ 1-6, 6-11-1991; Ord. No. 92-19 §§ 1-6, 7-13-1992; Ord.
No. 2011-31 § 1, 7-26-2011; Ord. No. 2018-18, 5-31-2018; Ord. No. 2019-22, 6-25-2019]
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 provision
to the contrary, sale of fireworks shall be permitted by local, non-profit,
religious or community service organizations within the City limits
under the following conditions:
1.
Such organizations
must obtain a seasonal fireworks permit from the City.
2.
Permits
will be valid from the date of purchase until January 2.
3.
Any such
local, non-profit, religious or community service organization desiring
to sell or offer for sale permitted fireworks within the City limits
shall make written application to the City Clerk and pay a fee of
fifty dollars ($50.00).
4.
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.
B.
A holder of a seasonal fireworks permit may only sell fireworks during
the fireworks seasons, from the 20th day of June through the 10th
day of July and from the 2nd day of December through the 2nd day of
January of the next year.
C.
All permits issued 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.
D.
At no time shall aerial fireworks, commonly known or described as
“bottle rockets,” be sold or discharged within the Lexington
City limits, nor shall any fireworks prohibited under the laws of
the State of Missouri be sold within City limits.
E.
Location and Operation of Seasonal Fireworks Permit Locations. 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.
1.
The stand,
tent or facility shall not be opened until it has been inspected by
the City Fire Inspector and/or Fire Chief.
2.
At each
entrance of each place of sale of fireworks, a sign shall be posted
setting forth the dates and times when fireworks may be fired.
3.
Consumer
fireworks shall be sold to the general public only from permitted
seasonal retail sites and only during the fireworks season.
4.
It is unlawful
for any person under the age of sixteen (16) to sell fireworks or
work in a facility where fireworks are stored, sold, or offered for
sale unless under the supervision of an individual at least eighteen
(18) years of age.
5.
Seasonal
retail permit locations shall be in compliance with all applicable
building and fire regulations and may be subject to a fire safety
inspection by the Fire Chief or his designee at any time when open
to the public.
F.
Portable Fire Extinguishers.
1.
Every seasonal
retail sales location shall have not less than two (2) portable fire
extinguishers with a minimum 2A rating, at least one (1) of which
shall be a pressurized-water type.
2.
Temporary
seasonal retail sales locations less than two hundred (200) square
feet in area shall be required to have at least one (1) portable fire
extinguisher with a minimum 2A rating.
3.
The maximum
travel distance to a fire extinguisher in any seasonal retail sales
location shall be no greater than thirty-five (35) feet.
4.
All fire
extinguishers shall be inspected annually by a fire extinguisher company
and have documentation to this effect attached to them.
5.
All fire
extinguishers shall be located in a location accessible to the staff.
6.
Employees
shall be trained to operate fire-extinguishing equipment and shall
be required to exhibit their skill when requested by the Fire Chief
or his designee.
G.
The area located within thirty (30) feet of a retail sales location
shall be kept free of accumulated dry grass, dry brush, and combustible
debris.
H.
No permit holder shall knowingly allow an open flame or smoking within
twenty-five (25) feet of a place where fireworks are manufactured,
stored, kept, or offered for sale.
I.
Fireworks shall not be ignited, discharged, or otherwise used within
one hundred (100) feet of any location where fireworks are stored,
sold, or offered for sale.
1.
At least
one (1) sign that reads as follows, in letters at least four (4) inches
high on a contrasting background shall be conspicuously posted at
each entrance of seasonal retail sales locations:
|
NO FIREWORKS DISCHARGE
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WITHIN 100 FEET
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J.
No-Smoking Signs.
1.
Smoking
shall not be permitted inside or within twenty-five (25) feet of the
seasonal retail sales area.
2.
One (1)
or more signs reading, “FIREWORKS NO SMOKING” shall be
displayed at each entrance of seasonal retail sales locations in letters
not less than four (4) inches in height on a contrasting background.
L.
No fireworks shall be displayed for sale or stored within two (2)
feet of any public exit, or private entrance or exit in an enclosed
building.
M.
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
the person to shoot or detonate fireworks of any nature within the
City limits except from July 1 through July 5 of each year, and special
events declared by the City Council, and only then during the following
time periods:
N.
It shall be unlawful for any person to detonate any fireworks:
1.
On any
municipally owned property without specific permission of the City
Council;
2.
On private
property without specific permission of the property owner;
3.
Within
an area designated as a hospital or school zone;
4.
Within
one hundred (100) feet of any premises providing for the sale of gasoline,
or any other appreciable quantity of an otherwise explosive combustible
material.
a.
Fireworks
shall not be stored, kept, or sold within fifty (50) feet of any gasoline
pump, gasoline filling station, gasoline bulk station, or any building
in which gasoline or volatile liquids are sold in quantities in excess
of one (1) gallon.
b.
Fireworks
shall not be manufactured, stored, kept or sold within one hundred
(100) feet of any dispensing unit for ignitable liquids or gases.
5.
It is unlawful
to explode or ignite consumer fireworks within six hundred (600) feet
of any church, hospital, mental health facility, or school or within
one hundred(100) feet of any location where fireworks are stored,
sold or offered for sale.
6.
No person
shall ignite or discharge fireworks within three hundred (300) feet
of any permanent storage of ignitable liquid, gases, gasoline pump,
and gasoline filling station.
7.
No person
shall ignite or discharge any fireworks within or throw the same from
or into a motorized vehicle, including watercraft or any other means
of transportation, or at or near any person or group of people, except
where a display permit has been issued for a floating vessel or floating
platform.
O.
The shooting or detonating of fireworks is allowed at other times
and on other dates than the times and dates specified above for special
events where a professional pyro technician is used to put on a fireworks
display. The applicant must obtain prior written approval from the
Fire Department and provide said approval to the City at least fourteen
(14) days prior to the special event. The City may issue a permit
for detonating fireworks at the special event at least seven (7) days
prior to the special event date. If the City denies the permit, the
applicant may request approval from the City Council.
P.
No person shall throw, cast, or hurl any fireworks, torpedoes, or
combustible materials from any automobile while being driven and operated
within the corporate limits of the City of Lexington.
Q.
It shall be at the discretion of the Police Chief, Fire Chief and
City Administrator jointly to decide to ban the discharge of all fireworks
in emergency or fire hazard situations.
R.
It shall be unlawful to attempt to sell or to sell at retail any
fireworks to children under the age of fourteen (14) years except
when such child is in the presence of a parent or guardian.
S.
The consumption or possession of alcoholic beverages in any seasonal
retail sales location is prohibited during business hours. Any person
selling fireworks shall not knowingly sell consumer fireworks to any
person who is obviously under the influence of alcohol or drugs.
