[Ord. No. 241 §1, 11-7-1988]
Definitions as used in this Chapter:
Wire sparkler, Dipped Stick: Stick or wire
coated with pyrotechnic composition that produces a shower of sparks
upon ignition. Total pyrotechnic composition may not exceed one hundred
(100) grams per item. Those devices containing any chlorate or perchlorate
salts are not to exceed five (5) grams in total composition per item.
Wire sparklers which contain no magnesium and which contain less than
one hundred (100) grams of composition per item are not included in
this category, in accordance with the regulations of the U.S. Department
of Transportation.
Cylindrical fountain: Cylindrical tube not
exceeding three-quarter (¾) inch in inside diameter containing
up to seventy-five (75) grams of pyrotechnic composition. Fountains
produce a shower of color and sparks upon ignition, and sometimes
a whistling effect. Cylindrical fountains may contain a spike to be
inserted in the ground (spike fountain), a wooden or plastic base
to be placed on the ground (base fountain), or a wooden handle or
cardboard handle for items designed to be hand-held (handle fountain).
Cone fountain: Cardboard or heavy paper cone
containing up to fifty (50) grams of pyrotechnic composition. The
effect is the same as that of a cylindrical fountain.
Illuminating torch: Cylindrical tube containing
up to one hundred (100) grams of pyrotechnic composition. Upon igniting,
colored fire is produced. These may be either spike, base, or handle
type devices.
Wheel: Pyrotechnic device attached to a post
or tree be means of a nail or string. Wheel contains up to six (6)
"driver" units; tubes not exceeding one-half (½) inch in inside
diameter that may contain up to sixty (60) grams of composition per
drive unit. Upon igniting, the wheel revolves, producing a shower
of color and sparks and sometimes a whistling effect.
Ground spinner: Small device similar to wheels
in design and effect placed on the ground and ignited. A shower of
sparks and color is produced by the rapidly spinning device.
Flitter sparkler: Narrow paper tube filled
with pyrotechnic composition that produces color and sparks upon ignition.
These devices do not fuse for ignition. The paper at one (1) end of
the tube is ignited to make the device function.
Sky rocket: Sky rockets contain a wooden stick
for guidance and stability and rise into the air upon ignition. A
burst of color or noise or both is produced at the height of flight.
Total propellant change alone may not be less than four (4) grams
nor more than twenty (20) grams each in weight.
Missile-type rocket: Device similar to sky
rocket in size, composition, and effect that uses fins rather than
a stick for guidance and stability.
Helicopter, aerial spinner: A tube not exceeding
one-half (½) inch in inside diameter that may contain up to
twenty (20) grams of pyrotechnic composition. Some type of propeller
or blade device is attached, and upon ignition the rapidly spinning
device lifts into the air. A visible or blade effect is produced at
the height of flight.
Roman candle: Heavy paper of cardboard tube
not exceeding three-eighths (⅜) inch in inside diameter that
contains up to twenty (20) grams of pyrotechnic composition. Upon
ignition up to ten (10) "stars" (pellets of pressed pyrotechnic composition
that burn with bright color) are individually expelled at several
second intervals.
Mine-shell: Heavy cardboard or paper tube up
to two and one-half (2 ½) inches in inside diameter with a
wooden or plastic base attached, containing up to forty (40) grams
of pyrotechnic composition. Upon ignition, "stars" (see "Roman Candle"),
firecrackers (see "C. Ground and Audible Devices"), whistles, parachutes,
or combinations of these effects are propelled into the air, with
the tube remaining on the ground.
Sky lanterns. Also known as sky candles, Chinese
lanterns, Kongming lanterns and paper lanterns, said lanterns are
commonly made of paper or other combustible material with an opening
at the bottom on which a small fire is suspended to allow the lantern,
balloon or parachute to remain airborne after launch and ignition.
[Ord. No. 1011 §1, 11-17-2014]
Firecrackers, Salute: Small paper-wrapped
or cardboard tube that may not contain more than fifty (50) mg. of
pyrotechnic composition, noise, accompanied by a flash of light, is
produced upon ignition.
Firework devices containing combinations of two (2) or more
of the effects described in the preceding categories.
A chemical or mixture of chemicals that produces an audible
effect by deflagration or detonation when ignited.
Any combustible or explosive composition, or any substance
or combination of substances, or article prepared for the purpose
of producing a visible or an audible effect by combustion, explosion,
deflagration or detonation.
A temporary structure used exclusively for the sale of fireworks
and related items.
Include the following devices:
Snake, glow worm: Pressed pellet of pyrotechnic
composition that produces a large, snake-like ash upon burning. The
ash extends in length as the pellet burns. These devices may not contain
mercuric thicyanate.
Smoke device: Tube or sphere containing pyrotechnic
composition that produces white or colored smoke upon ignition as
the primary effect.
Wire sparkler: Wire coated with pyrotechnic
composition that produced a shower of sparks upon ignition. These
items may not contain magnesium and must not exceed one hundred (100)
grams of composition per item. Devices containing any chlorate or
perchlorate salts may not exceed five (5) grams of composition per
item.
Those fireworks permissible for sale to and use by the general
public and described in this Chapter as:
A mixture of chemicals that produces a visible or audible
effect by combustion rather than deflagration or detonation. Pyrotechnic
composition will not explode upon ignition unless severely confined.
The regulations heretofore issued by the Interstate Commerce
Commission and published in 49 CFR Part 173.
All articles of fireworks that are classified as Special
Fireworks under Class B Explosives in the Regulations.
Items that produce a small report intended to surprise the
user. These devices include:
Party popper: Small plastic or paper items
containing not in excess of sixteen (16) mg. of explosive composition
that is friction sensitive. A string protruding from the device is
pulled to ignite it. Expelling paper streamers and producing and small
report.
Boobytrap: Small tube with string protruding
from both ends, similar to party popper in design. The ends of the
string are pulled to ignite the friction sensitive composition producing
a small report.
Snapper: Small, paper-wrapped item containing
a minute quantity of explosive composition coated on small bits of
sand. When dropped, the device explodes.
Trick match: Kitchen or book match that has
been coated with a small quantity of explosive or pyrotechnic composition.
Upon ignition of the match, a small report or a shower of sparks is
produced.
Cigarette load: Small wooden peg that has been
coated with a small quantity of explosive composition. Upon ignition
of a cigarette containing one (1) of the pegs, a small report is produced.
Auto burglar alarm: Tube which contains pyrotechnic
composition that produces a loud whistle or smoke when ignited. A
small quantity of explosive, not exceeding fifty (50) mg. may also
be used to ignite the device.
[Ord. No. 241 §2, 11-7-1988]
Except as hereinafter provided, it shall be unlawful for any
individual, firm, partnership, corporation, or association to possess
for sale within the City of Scott City, sell or offer for sale at
retail, or use, within the City of Scott City any fireworks other
than permissible fireworks.
[Ord. No. 241 §3, 11-7-1988; Ord.
No. 646 §1, 12-6-1999]
A.
Each
dealer in fireworks, at wholesale or retail, before selling any article
of fireworks, shall obtain from the City Collector a license to sell
fireworks for each location at which fireworks are to be offered for
sale. Each license shall bear the date of expiration on the face thereof,
shall designate the location for which it is granted, shall not be
transferable, and shall only be issued after inspection and approval
of the premises by the Fire Inspector. Each license for a wholesale
location shall be for a period of not more than one (1) year. Each
license for a retail location shall be for a period commencing fifteen
(15) days prior to the day of the historical anniversary or occasion
for which the private display of fireworks is authorized.
B.
The
City Collector shall not issue any license for the sale of fireworks,
either at wholesale or retail, unless the applicant presents to the
Collector evidence of the following:
1.
That the applicant has procured all permits required of the applicant
by the Missouri Division of Fire Safety for the sale of fireworks.
2.
That the applicant has procured liability insurance in the minimum
sum of fifty thousand dollars ($50,000.00) to protect applicant against
claims for damages to property or injury to persons arising out of
the operation of the retail or wholesale fireworks business for which
a City license is requested.
[Ord. No. 241 §4, 11-7-1988]
No article of common fireworks shall be sold or offered for sale at retail unless it shall be properly named to conform to the nomenclature in Section 240.010 hereof, and unless its classification as common fireworks is certified to by imprinting on the article or retail container "I.C.C. Class C Common Fireworks", such imprinting to be of sufficient size and so positioned as to be readily recognized.
[Ord. No. 241 §5, 11-7-1988]
The Fire Chief may issue a permit for a maximum period of twenty-four
(24) consecutive hours for the possession and use of special fireworks
for the purpose of organized public fireworks exhibitions, provided
that the permit holder takes adequate safety precautions to protect
the public from injury or property damage, and provided that the exhibition
is conducted by skilled qualified persons.
[Ord. No. 241 §6, 11-7-1988; Ord.
No. 805 §1, 7-5-2006]
A.
No
permissible fireworks may be sold at retail without a retail license.
The license must be on display at the location where the retail sale
takes place.
B.
No
license shall be issued for any locations where paints, oils, or varnishes
are manufactured or kept for use or sale, nor where resin, turpentine,
gasoline, or other similar inflammable substances or any substance
which may generate inflammable vapors is used, stored or offered for
sale or where the Fire Inspector shall determine that any condition
exists which makes the storage or sale of fireworks at such locations
unusually hazardous.
C.
No
fireworks shall be stored, kept, sold, or discharged within one hundred
(100) 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.
D.
Each
license shall keep and maintain at least two (2), five (5) pounds
each A.B.C. Dry Chemical fire extinguishers within a 2-A rating or
over, mounted in plain view, per location.
E.
At
all places where fireworks are sold or displayed, the words "No Smoking"
must be posted in letters at least four (4) inches in height. Two
(2) such signs shall be prominently displayed at each location.
F.
No
fireworks shall be discharged within seventy-five (75) feet of any
fireworks retail sales location.
G.
No
fireworks shall be sold or discharged with three hundred (300) feet
of any church, hospital or school building.
H.
It
shall be unlawful to offer for sale or to sell any fireworks to children
under the age of twelve (12) years or to any intoxicated or irresponsible
person.
I.
No
person shall expose fireworks in any location where the sun may shine
through glass on the fireworks displayed, or permit the presence of
lighted cigars, cigarettes or pipes on the premises where the fireworks
are offered for sale.
J.
No
person shall ignite or discharge any fireworks within or throw the
same from a motor vehicle while within, nor shall any person place
or throw any ignited article of fireworks into or at such a motor
vehicle, or at or near any person or group of people.
K.
No
fireworks shall be sold other than at a licensed fireworks stand.
No fireworks stand shall be located within fifty (50) feet of any
building.
L.
No
person shall ignite or discharge any fireworks on property owned by
the City, unless a special permit for a public fireworks display on
City property is granted by the Fire Chief.
M.
It
shall be unlawful to discharge fireworks from the roof or from inside
any building.
N.
No
person shall knowingly ignite or discharge any fireworks at or onto
the property of another without first obtaining consent of the owner,
lessee or occupant of such property.
O.
No
bottle rockets may be sold, distributed or discharged within the City
limits of Scott City after July 5, 2006. However, the prohibition
of discharging bottle rockets shall not apply to City employees acting
in the scope of their official duties.
P.
Aerial devices.
[Ord. No. 1011 §2, 11-17-2014]
1.
No "aerial devices", as defined in this Chapter, that utilize a straight and rigid stick of wood, plastic or other material attached to a propellant tube or driver to stabilize or direct flight may be sold, distributed, possessed or discharged within the City limits of Scott City, except as otherwise authorized in this Section. However, this prohibition shall not apply to public fireworks displays for which a permit has been issued pursuant to Section 240.030 and Section 240.050 of the City Code.
2.
It shall be unlawful within the City limits of Scott City, Missouri,
to ignite and launch sky lanterns.
[Ord. No. 241 §7, 11-7-1988; Ord.
No. 646 §§2 — 3, 12-6-1999]
A.
No fireworks shall be sold at retail to the general public except
between the hours of 9:00 A.M. and 10:00 P.M. each day commencing
fifteen (15) days prior to the day of the historical anniversary or
occasion for which the private display of fireworks is authorized.
No person shall discharge, ignite, or explode any article of fireworks
except between the hours of 10:00 A.M. and 10:00 P.M. during the period
commencing ten (10) days prior to the expiration of the time provided
for the private display of fireworks and between the hours of 8:00
A.M. to 12:00 Midnight of the day of the historical anniversary or
occasion being celebrated.
[Ord. No. 975 §1, 7-1-2013]
B.
The
above restrictions shall not apply to a public fireworks display,
approved by the Fire Chief, on a national holiday (other than the
4th of July) or other special civic promotion.
C.
In
the event there is a historical occasion or anniversary, such as the
turn of the century, which is suitable for the private display of
fireworks, the Mayor, after consultation with the Fire Chief and with
the advice and consent of the City Council, may authorize the private
display of fireworks, which said authorization shall be duly noted
in the minutes of the City Council and shall specify the date and
time said displays are authorized. The Clerk shall cause a notice
to be published in a newspaper of general circulation in the City
setting forth the date and times of the authorized display of fireworks
and the Clerk shall further notify all persons who have purchased
business licenses for the sale of fireworks with the City during the
previous year of the occasion, date and time of authorized sale of
fireworks.
[Ord. No. 241 §8, 11-7-1988]
Nothing in this chapter shall be construed as applying to toy paper caps containing not more than an average of twenty-five hundredths (25/100) of a grain of explosive composition per cap, and packed in conformance with the regulations, or as prohibiting the storage of special fireworks for public display as provided in Section 240.050. Nothing in this Chapter shall be construed as applying to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as applying to the military or naval forces of the United States, or of this State, or to Peace Officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical or athletic events.
[Ord. No. 241 §9, 11-7-1988]
Violation of any of the provisions of this Chapter shall be
punishable by a fine of not more than five hundred dollars ($500.00),
or imprisonment for not more than sixty (60) days or both. Violation
of any of the provisions of this Chapter in addition to a fine or
imprisonment shall cause an immediate and automatic revocation of
all licenses or permits issued pursuant to this Chapter, and the violator
shall be prohibited from selling fireworks within the City for a period
of two (2) years. Furthermore, any violation which involves the sale
or use of "forbidden fireworks" shall cause an automatic forfeiture
of that merchandise to the City.
