A. 
Definitions. For the purposes of this Section, the following terms shall be deemed to have the meanings indicated below:
CONSUMER FIREWORKS
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, UN0336, within 49 CFR Part 172.
DISPLAY FIREWORKS
Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes devices containing more than two grains (130 mg) of explosive composition intended for public display. These devices are classified as fireworks, UN0333 or UN0334 or UN0335, within 49 CFR Part 172.
FIREWORKS
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.
B. 
Limited Permission For The Sale And Discharge Of Fireworks Within The City Of Cabool. The Board of Aldermen hereby grants permission in accordance with the provisions of this Chapter for the limited sale and discharge within the City of consumer fireworks, except those consumer fireworks items commonly known as bottle or stick rockets and Roman candles which are prohibited. Except as expressly set forth in this Chapter, all other sales and discharges of fireworks are prohibited.
C. 
Sale Prohibited — Exception During Certain Times. It shall be unlawful for any person to sell or offer for sale any type or kind of fireworks within the corporate limits of the City of Cabool except permitted consumer fireworks may be sold between 10:00 A.M. June twenty-eighth (28th) to 10:00 P.M. July fourth (4th).
D. 
Permit Required. No person, or entity shall sell or display for sale any fireworks within the corporate limits of this City without first obtaining a permit from the City for such sale or display.
1. 
Applications for fireworks stand/tent permits shall be made on or before the first (1st) Monday in June of each year to the City Clerk. Said applications must be approved by the City Clerk pursuant to the requirements outlined in this Chapter.
2. 
Permit for said fireworks permit shall be approved by the Board of Aldermen and issued upon the payment of a permit fee of twenty dollars ($20.00).
3. 
The following shall be submitted with the application:
a. 
A letter from the property owner approving the location.
b. 
A letter from the Fire Chief approving said application and location.
c. 
A sketch plan of the proposed tent area indicating access points to the site and parking areas.
4. 
Before a permit will be issued, a certificate of insurance showing general liability coverage of no less than one million dollars ($1,000,000.00) must be submitted and naming the City as addition insured.
5. 
A permit for fireworks stand/tent will not be issued if said location is within three hundred (300) feet of another fireworks stand/tent.
6. 
No fireworks stand/tent shall be located on a property zoned residential or within three hundred (300) feet of any residence, preschool and/or K — 12 school building.
7. 
No permit shall be issued if the City Administrator determines the access to the site is not safe or adequate.
8. 
No permit shall be issued to a license applicant in the following year if that applicant was previously issued a citation for continuing to operate a fireworks tent/stand when the permit was suspended by the City and was found guilty of said violation.
9. 
After preliminary approval by the City Clerk, the City Administrator and the Fire Chief will inspect and approve the tent for use before the City Clerk issues the permit.
10. 
In the event of a denial of an application by the City Clerk, the applicant may file an appeal to the City Manager to review the decision of the City Clerk in denying the application for issuance of a fireworks permit for sale or display for sale of fireworks. Such appeal shall be heard within forty-eight (48) hours of the date and time the appeal was filed with the City Administrator. The City Administrator shall make the decision and shall set forth the grounds for granting or denial of the permit.
11. 
Any applicant aggrieved by a decision of the City Administrator may appeal that decision to the Board of Aldermen provided the appeal is filed within ten (10) days of the City Administrator's decision.
E. 
Sellers To Display Sign. Every person who shall sell or display for sale any fireworks or firecrackers shall display in a conspicuous place a sign or placard, printed in bold letters not smaller than one (1) inch in height, the following:
Shooting Of Fireworks Is Prohibited On Cabool Streets And Sidewalks, In City Parks And Other Public Property And In Business Districts.
Consumer Fireworks May Only Be Sold And Discharged During The Following Time:
Sale Times — 10:00 A.M. June 28 to 10:00 P.M. July 4
Discharge Times — 10:00 A.M. July 4 to Midnight July 4
Bottle Or Stick Rockets And Roman Candles Are Prohibited From Being Sold Or Discharged At Any Time Within The City Of Cabool
F. 
Sale From Public Property Prohibited. Fireworks shall not be sold or advertised for sale from any street, alley, sidewalk or other public property within the corporate limits of the City of Cabool.
G. 
Discharge Prohibited At Certain Times And In Certain Places.
1. 
It shall be unlawful for any person to discharge or shoot any type of fireworks at any time within the City of Cabool except permitted consumer fireworks may be discharged between 10:00 A.M. and 12:00 Midnight on July fourth (4th), unless any of said days fall on a Sunday, in which case permitted consumer fireworks may not be discharged before noon on that day.
2. 
Except as otherwise set forth in this Chapter, it shall be unlawful for any person to discharge or shoot any type of fireworks at any time in or on any public street, public sidewalk, public park, public grounds or within the business district of the City, unless the Board of Aldermen grants express approval therefore. The Board of Aldermen, by resolution, may permit the discharge or shooting of special fireworks on public or private property on July fourth (4th) or such other date as the Board of Aldermen may authorize, if the same is a public display for which no admission charge is collected and if the same is sponsored and conducted by the City or one (1) or more local organizations.
H. 
Sales To Children, Sales By Children, Unlawful — Exceptions — Exploding Fireworks Near Gasoline Pumps, Certain Buildings Or From Or At Motor Vehicles, Prohibited — Demonstrating And Testing Allowed — Requirements.
1. 
It is 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.
2. 
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 supervised by an adult.
3. 
It is unlawful to explode or ignite fireworks within six hundred (600) feet of any church, hospital, mental health facility, school or within one hundred (100) feet of a permanent structure where fireworks are stored, sold or offered for sale.
4. 
No person shall ignite or discharge any permissible articles of fireworks within or throw the same from a motor vehicle, nor shall any person place or throw any ignited article of fireworks into or from a motor vehicle or at or near any person or group of people.
5. 
No person shalt ignite or discharge fireworks within three hundred (300) feet of any gasoline pump, gasoline filling station or any non-permanent structure where fireworks are stored, sold or offered for sale.
I. 
Suspension Of Permit.
1. 
A permit to sell fireworks may be immediately suspended by the City Clerk for the following causes:
a. 
Licensee violates any provision of Chapter 215.
b. 
Licensee does not comply with the requirements of Subsection (E) hereinabove as to signs.
c. 
Licensee does not immediately correct a violation of City Code when contacted by the City Administrator or designee.
2. 
Upon correction of a violation(s) for which a permit has been suspended, the City Clerk may reinstate the permit.
3. 
Appeal of the suspension of a permit may be filed in accordance with Subsection (D) hereinabove. The permit shall remain suspended until the appeal is heard by the City Administrator.
J. 
Penalties.
1. 
Any individual cited for discharging or shooting fireworks in violation of this Chapter shall be subject to immediate confiscation of any prohibited fireworks and upon conviction of a fine not to exceed one hundred fifty dollars ($150.00) or fifteen (15) days in jail, or both such fine and confinement.
2. 
Any individual cited for selling or offering for sale fireworks in violation of this Chapter shall be subject to immediate confiscation of any prohibited fireworks and upon conviction of fine not to exceed three hundred dollars ($300.00) or thirty (30) days in jail, or both such fine and confinement.
A. 
No person shall repair or service or cause to be repaired or serviced any motor vehicle or mechanical device on any paved or surfaced street or right-of-way in the City of Cabool except when said servicing or repairs are required in an emergency, and then only for such period of time as will allow said vehicle to be towed or removed from said paved or surfaced street or right-of-way.
B. 
No person shall spill or cause to be spilled upon any paved or surfaced highway , street, or right- of-way within the City any petroleum products, chemicals or other products that would damage the paved or surfaced portion of the street.
It shall be unlawful for any person to possess any alcoholic beverages on any City street, alley, boulevard, parkway, sidewalk, public park or other public thoroughfare except in the original container and with the seal unbroken. "Alcoholic beverages", as used in this Section, all have the same meaning as defined in Section 340.260 of the Municipal Code of the City of Cabool.
[Ord. No. 009-2021, 9-20-2021]
A. 
All City sidewalks must be kept clear of any merchandise, display or other material, except for building structures and utility poles. Trash receptacles, planters or benches may be placed on a sidewalk if approved beforehand, in writing, by the City Administrator after application by the owner of any real property adjacent to such sidewalk where such item is to be placed. A denial of such application by the City Administrator of placement of such item may be appealed to the Board of Aldermen within ten (10) days of the date of such denial by the City Administrator by filing a written notice of appeal with the City Clerk.
B. 
Any person violating any of the provisions of this Section, or any lawful rules and regulations thereof, shall be subject to the general penalty specified in Section 100.220 of Chapter 100 of the Municipal Code of the City of Cabool, Missouri.