[R.O. 1996 § 220.010; Code 1985,
§ 66.010; CC 1990 § 7-66]
For purposes of this Article, the
follow terms mean:
Explosive devices designed primarily to produce visible or
audible effects by combustion and includes aerial devices and ground
devices, all of which are classified as fireworks, UNO336, within
49 CFR Part 172.
Explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation. This term
includes devices containing more than two (2) grains (130 mg) of explosive
composition intended for public display. These devices are classified
as fireworks, UN0333 or UN0334 or UNO335, within 49 CFR Part 172.
Any composition or device for producing a visible, audible,
or both visible and audible effect by combustion, deflagration, or
detonation and that meets the definition of consumer, proximate, or
display fireworks as set forth by 49 CFR Part 171 to end, United States
Department of Transportation hazardous materials regulations.
[R.O. 1996 § 220.020; 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, non-profit, 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.
[R.O. 1996 § 220.030; 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 4 and shall end at 11:00 P.M. on July 4 each year.
[R.O. 1996 § 220.040; 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.
[R.O. 1996 § 220.050; 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.
[R.O. 1996 § 220.060; 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
5. Sign permits are not required for the above signs.
[R.O. 1996 § 220.070; 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.
[1]
Editor's Note: At the direction of the City,
"Uniform Fire Code" was changed to "International Fire Code" in this
Section.
[R.O. 1996 § 220.080; 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.
[R.O. 1996 § 220.090; 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]
A.
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 Saturday of July each year as well as the
third and fourth of July each year. In years which the third or fourth
of July falls on a Saturday, July 2 will also be allowed.
B.
The explosion of fireworks at any other
times is unlawful, except by special permit of the Board of Aldermen.
[R.O. 1996 § 220.100; Code 1985
§ 66.180; CC 1990 § 7-76]
Any person violating any provision of this Article shall be deemed guilty of an ordinance violation, and upon conviction thereof, shall be subject to punishment as provided in Section 100.110 of this Code.
[R.O. 1996 § 220.110; 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.
[R.O. 1996 § 220.120; Code 1985,
§ 66.090, 66.100; CC 1990 § 7-92; Ord. No. 566, 9-28-1987; Ord. No. 990 § 5, 11-27-1995]
A.
Any person making application for a permit for sale of fireworks shall file a written request with the City Clerk between January 1 and April 1 of each year. The application must be accompanied by the permit fee as set forth in the Comprehensive Fee Schedule. 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.
B.
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.
C.
Each applicant must then appear before
the Board of Aldermen at the first regular meeting after April 1,
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 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. 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.
D.
The grant or denial of a fireworks permit
shall be at the sole discretion of the Board of Aldermen based upon
the foregoing standards.
[R.O. 1996 § 220.130; 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.
[R.O. 1996 § 220.140; 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 5 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.
