[Code 1985, §66.010; CC 1990 §7-66]
For purposes of this Article, the term "fireworks" shall mean and include any combustible or explosive compositions or any substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation.
[Code 1985, §66.020; CC 1990 §7-67; Ord. No. 990 §1, 11-27-1995]
Except as hereinafter provided, it shall be unlawful for any person to store, sell or offer for sale fireworks of any type within the City limits; provided however, notwithstanding any ordinance or fire code provisions to the contrary, sale of fireworks shall be permitted by local, nonprofit, religious or community service organizations within the City limits. To qualify as such an organization, the applicant must provide evidence of regularly scheduled monthly meetings in Grain Valley for a minimum of six (6) months prior to the application and provide evidence of not for profit status within the State of Missouri.
[Code 1985, §66.030; CC 1990 §7-68; Ord. No. 1033 §1, 6-27-1996; Ord. No. 2440, 8-27-2018]
The period during which sale of fireworks is lawful by licensed fireworks vendors shall extend from seven (7) days prior to July fourth (4th) and shall end at 11:00 P.M. on July fourth (4th) each year.
[Code 1985, §66.040; CC 1990 §7-69]
Fireworks shall not be kept for sale or stored in any location where paints, oils, varnishes, turpentine, gasoline or other flammable or combustible items are stored. If stored in a business where such items are located, they must be stored in a distinct and separate location and away from such items.
[Code 1985, §66.070; CC 1990 §7-71; Ord. No. 990 §2, 11-27-1995; Ord. No. 1033 §2, 6-27-1996]
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. It shall be unlawful for any person to sell, use, shoot off, or discharge any device commonly referred to as a bottle rocket or night parachute in the City of Grain Valley.
[Code 1985, §66.080; CC 1990 §7-72; Ord. No. 802 §7-72, 6-22-1992; Ord. No. 990 §3, 11-27-1995; Ord. No. 2440, 8-27-2018]
Four (4) signs, red in color and a minimum of two (2) feet by four (4) feet in size, with white lettering, bearing the words "No smoking allowed nor discharging fireworks within one hundred (100) feet of stand" shall be displayed. Six (6) temporary off-site signs, balloons, or animations located on commercial or industrial zoned property are permitted. Signs are limited to 4 feet x 8 feet in size except that signs along I-70 may be 8 feet x 50 feet. Four (4) additional on-site signs are permitted. One (1) American flag shall be displayed on the site that is used for the sale of fireworks. A minimum of four (4) signs bearing the lawful discharge dates shall be posted in each sale tent and all purchasers of fireworks shall be given a copy of the lawful discharge dates to take home at the time of purchase. Signs are permitted only during the period that the sale of fireworks is permitted and they must be removed by July fifth (5th). Sign permits are not required for the above signs.
[Code 1985, §66.120; CC 1990 §7-73]
The Central Jackson County Fire Protection District shall, in accordance and consistent with the International Fire Code, establish rules and regulations governing the acquisition, placement and usage of fire equipment required to be furnished by the vendor. All such required equipment shall be kept at the site of sale at all times. Failure to comply with such standards shall be cause for immediate closing of the site by order of the Chief of Police and immediate revocation of the vendor's permit.
Editor's Note — At the direction of the City, the word "uniform" was changed to "international" before fire code in this section.
[Code 1985, §66.130; CC 1990 §7-74]
Structures, including tents, used for the sale of fireworks must be approved by the Central Jackson County Fire Protection District.
[Code 1985, §66.160; CC 1990 §7-75; Ord. No. 533, 6-23-1986; Ord. No. 990 §4, 11-27-1995; Ord. No. 1033 §4, 6-27-1996; Ord. No. 2299 §1, 6-10-2013; Ord. No. 2440, 8-27-2018]
The discharge, detonation or shooting of fireworks shall only be permitted between the hours of 9:00 A.M. and 11:00 P.M. on the first (1st) Saturday of July each year as well as the third (3rd) and fourth (4th) of July each year. In years which the third (3rd) or fourth (4th) of July falls on a Saturday, the second (2nd) of July will also be allowed.
The explosion of fireworks at any other times is unlawful, except by special permit of the Board of Aldermen.
[Code 1985 §66.180; CC 1990 §7-76]
Any person violating any provision of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to punishment as provided in Section 100.110 of this Code.
[Code 1985, §66.020; CC 1990 §7-91]
Organizations permitted to sell fireworks by Section 220.020 of this Chapter shall procure and display permits as provided in this Article.
[Code 1985, §66.090, 66.100; CC 1990 §7-92; Ord. No. 566, 9-28-1987; Ord. No. 990 §5, 11-27-1995]
Any person making application for a permit for sale of fireworks shall file a written request with the City Clerk between January first (1st) and April first (1st) of each year. The application must be accompanied by a fee of one hundred dollars ($100.00) per location. If the application is denied, all fees will be returned to the applicant. Such application also must be accompanied by a certificate of bond or insurance as set forth in Section 220.130.
All applications for sales permits shall contain the name and address of the person making application; and the name and address of firm, agency or organization for which the person is acting. Additionally, the application shall contain a detailed description as to the location of all sales sites; type of structures from which sales are to be made; and provisions for 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.
Each applicant must then appear before the Board of Aldermen at the first (1st) regular meeting after April first (1st), at which time the applicant must present for consideration by the Board of Aldermen the location of the fireworks stand, tent size and related information as required by this Article. At the time an applicant appears before the Board of Aldermen in support of his/her application for a fireworks permit, the applicant is required to set forth 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 the applicant shall satisfy the Board of Aldermen that all monies collected from the sale of fireworks will be the funds of the applicant or organization subject to payment of expenses. One hundred percent (100%) of all profits from the sale of fireworks shall be used within the City of Grain Valley City limits area for community improvement projects. Evidence of prior proceeds, profits, and use shall be provided. All permits issued and approved by the Board of Aldermen are personal to the applicant and nontransferable. 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. No permit shall be issued until an authorized representative of the applicant shall have appeared at a meeting of the Board of Aldermen and provided the information herein set forth, together with any other information requested by the Board. No permittee shall allow other than unpaid volunteers of such permittee or organization to participate in any respect in the sale of fireworks or operation of the place of sale.
The grant or denial of a fireworks permit shall be at the sole discretion of the Board of Aldermen based upon the foregoing standards.
[Code 1985, §66.170; CC 1990 §7-94]
A certificate of bond or liability insurance in the amount of one million dollars ($1,000,000.00) with the City listed as an additional named insured shall be required by the City Clerk and shall be attached to the application for a sales permit prior to submission to the Board of Aldermen for approval. Failure to provide such certificate will be automatic grounds for disapproval of the application.
[Code 1985, §66.050; CC 1990 §7-95; Ord. No. 2092 §1, 6-28-2010]
Sales permits will be issued upon approval by the Board of Aldermen provided all requirements contained herein have been met. Any permits issued hereunder shall not be transferable and shall expire at 11:00 P.M. July fifth (5th) of the year issued. The sale of fireworks or operation of a place of sale by any other party than the permittee shall void the permit.