State Law Reference — As to authority of cities
of the fourth class to regulate, etc., fireworks, see RSMo., §§ 79.450.
Also see RSMo., § 320.106 et seq.
Cross Reference — As to fire protection generally, see ch. 10 of this code.
[Ord. No. 460 § 1, 7-24-1951; Ord.
No. 491 § 1, 6-2-1952; Ord. No. 1364 § 1, 5-18-1987; Ord.
No. 1621 § 1, 6-17-1991; Ord. No. 2854 § 1, 5-2-2016]
It shall be unlawful to sell or offer for sale within the corporate
limits any consumer fireworks or any other types of fireworks allowed
by Missouri law except from June 20 through July 10 of the same year,
known as the "fireworks sale season," by a seasonal retailer or other
person. There shall be no more than five (5) City fireworks sales
permits to sell fireworks issued by the City, for each fireworks sale
season. A City fireworks sales permit to sell or offer to sell fireworks
allowed by Missouri law shall be two hundred dollars ($200.00), to
be paid to the City by the person selling or offering to sell fireworks
allowed by Missouri law before the time that any said fireworks are
sold. The City fireworks sales permit cost shall include a fee for
an inspection of the proposed place of sale of said fireworks by the
State of Missouri Fire Marshal or his designee or the City Chief of
the Fire Department or his designee, to determine that the proposed
place of sale of said fireworks complies with Missouri law and this
Chapter of the Centralia City Code and any other applicable City ordinances
regarding sale of fireworks. The City fireworks sales permit cost
further shall include the cost of a temporary electric setup and an
electric deposit of one hundred dollars ($100.00) for the proposed
place of sale of said fireworks. The City fireworks sales permit application
shall require that a certificate of insurance endorsement be obtained
by the person selling fireworks allowed by Missouri law to be sold,
showing that the City is named as an additional insured with the person
selling said fireworks allowed by Missouri law. The fireworks sales
permit application for the person selling fireworks allowed by Missouri
law further shall require that the person selling fireworks allowed
by Missouri law shall obtain from the Missouri Department of Revenue
a certification that no sales tax is due to the State of Missouri
and/or the City of Centralia, Missouri. The fireworks sales permit
application also shall require that all Boone County, Missouri, and
State of Missouri requirements regarding sale of fireworks be met.
[1]
State Law Reference — See RSMo., §§ 320.111
and 320.121.
[Ord. No. 1364 § 2, 5-18-1987; Ord. No. 1621 § 2, 6-17-1991; Ord. No. 2854 § 2, 5-2-2016]
A.
Every person who shall sell or display for sale any fireworks shall
display in a conspicuous place a sign or signs, printed in bold letters
not smaller than one (1) inch in height, the following:
FIREWORKS MAY NOT BE SOLD TO A CHILD UNDER AGE FOURTEEN EXCEPT
WHEN THE CHILD IS IN THE PRESENCE OF A PARENT OR GUARDIAN.
SHOOTING OF BOTTLE ROCKETS, OTHER ROCKETS, AND SIMILAR KINDS
OF FIREWORKS PROHIBITED IN THE CITY OF CENTRALIA, MISSOURI. SHOOTING
OF FIREWORKS PROHIBITED IN BUSINESS DISTRICT, STREETS, PARKS AND OTHER
PUBLIC PROPERTY OF CENTRALIA, MISSOURI.
SOME FIREWORKS THAT ARE ALLOWED FOR SALE WITHIN THE CITY OF
CENTRALIA, MISSOURI, ARE NOT LEGAL TO DISCHARGE OR SHOOT WITHIN THE
CITY OF CENTRALIA, MISSOURI.
SHOOTING OF FIREWORKS PROHIBITED WITHIN SIX HUNDRED (600) FEET
OF ANY CHURCH OR PUBLIC SCHOOL, AND WITHIN ONE HUNDRED (100) FEET
OF WHERE FIREWORKS ARE OFFERED FOR SALE OR STORED.
WHERE PERMITTED, SHOOTING OF FIREWORKS (OTHER THAN ROCKETS)
ALLOWED ONLY FROM JULY 1 TO JULY 4, BETWEEN 8:00 A.M. AND 10:00 P.M.
B.
Every person who shall sell or display for sale any fireworks shall
display in a conspicuous place a sign or signs, printed in bold letters
not smaller than four (4) inches in height: "FIREWORKS — NO
SMOKING."
[Ord. No. 491 §§ 2-3, 6-2-1952; Ord.
No. 1364 § 3, 5-18-1987; Ord. No. 1621 § 3, 6-17-1991]
Fireworks shall not be sold or advertised for sale from any
street, alley, sidewalk or other public property within the corporate
limits. 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 or area in which gasoline or volatile liquids
are stored above the surface of the ground or sold in quantities in
excess of one (1) gallon, provided, however, that this restriction
shall not apply to any building where cleaners, paints and oils are
sold in the original containers to consumers. It is unlawful to permit
the presence of lighted cigars, cigarettes, pipes or any other open
flame within ten (10) feet of the place where fireworks are offered
for sale. It is unlawful to expose fireworks to direct sunlight through
glass to the merchandise displayed, except where the fireworks are
in the original package. All fireworks which the public may examine
shall be kept for sale in the original packages, except where an attendant
is on duty at all times where fireworks are offered for sale. Fireworks
shall be kept in showcases out of reach of the public when an attendant
is not on duty. It is unlawful for any person under the age of sixteen
(16) years to sell fireworks or work in a facility where fireworks
are stored, sold or offered for sale unless supervised by an adult.
It is unlawful to attempt to sell or to sell at retail any fireworks
to a child under the age of fourteen (14) years except when such child
is in the presence of a parent or guardian.
[1]
State Law Reference — See RSMo., §§ 320.136,
320.146, and 320.151.
[Ord. No. 460 § 2, 7-24-1951; Ord.
No. 1196 § 1, 6-14-1982; Ord. No. 1364 § 4, 5-18-1987; Ord.
No. 1621 § 4, 6-17-1991; Ord. No. 1973 § 1, 8-18-1997]
A.
Except as provided in Subsection (B) and Subsection (C), the following
shall apply to the discharge, shooting, setting off or ignition of
fireworks within the corporate limits:
1.
It shall be unlawful for any person to discharge, shoot, set off
or ignite any type of fireworks except between July 1 and July 4,
and on those days no fireworks may be discharged, set off or ignited
except from the hours of 8:00 A.M. to 11:00 P.M.
[Ord. No. 3066, 7-20-2020]
2.
It shall be unlawful for any person to discharge, shoot, set off
or ignite fireworks under the following conditions:
[Ord. No. 3066, 7-20-2020]
3.
It shall be unlawful for any person to discharge, shoot, set off
or ignite any type of fireworks in or on any public street, public
sidewalk, public park, public grounds or within the business district,
as defined below, of the City. The boundary lines of the business
district shall be as follows: Beginning at a point one hundred (100)
feet north of where the north line of Switzler Street intersects with
Hickman Street; thence east on a line parallel with Switzler Street
to the north-south alley between Collier Street and Jenkins Street;
thence south along such alley and the southward prolongation thereof,
to the point of intersection of the prolongation of such alley with
the east-west alley between Railroad Street and Singleton Street;
thence west along such alley to Collier Street; thence south along
Collier Street to Sneed Street; thence west along Sneed Street to
Rollins Street; thence south along Rollins Street to the east-west
alley located between Sneed Street and Barnes Street; thence west
along such alley, and the westward prolongation thereof, to the point
of intersection of the prolongation of such alley with Hickman Street;
thence north along Hickman Street to Singleton Street; thence west
along Singleton Street to the north-south alley between Hickman Street
and Barr Street; thence north along such alley and the northward prolongation
thereof, to the point of intersection of the prolongation of such
alley with the Kansas City Southern Railway railroad right-of-way;
thence east along such railroad right-of-way to Hickman Street; thence
north along Hickman Street to a point one hundred (100) feet north
of the north line of Switzler Street, to the point of beginning.
[Ord. No. 2757 § 1, 3-17-2014]
4.
It shall be unlawful for any person to discharge, shoot, explode,
set off or ignite any type of fireworks within six hundred (600) feet
of any church or public school, or within one hundred (100) feet of
where fireworks are stored, sold or offered for sale. No person shall
discharge, shoot, set off or ignite any fireworks within or throw
the same from a motor vehicle, nor shall any person place or throw
any ignited articles of fireworks into or at a motor vehicle, or at
or near any person or group of persons.
B.
The Board of Aldermen, by resolution, may issue a City permit for
the possession, discharge and shooting of special fireworks in the
City Recreation Park at a time and on a date specified in the resolution,
if the same is a special fireworks display open to the public, and
if the same is sponsored and conducted by a local organization that
is approved by the Chief of the Fire Department to conduct such a
display. The issuance of the permit shall be conditioned upon the
local organization furnishing proof of financial responsibility by
obtaining liability insurance in an amount satisfactory to the City
and naming the City as an additional insured party, to satisfy claims
for damages to property or personal injuries arising out of any act
or omission on the part of the local organization conducting the display.
Every such special fireworks display shall be located, discharged,
or fired so as in the opinion of the Fire Chief, after proper inspection,
to not be hazardous to any person or property. A copy of the City
permit issued for a special fireworks display shall be forwarded to
the State Fire Marshal's Office. The boundary lines of the City
Recreation Park are as follows: Beginning at a point 22.70 chains
north of the half mile corner on the east side of section fifteen,
the northeast corner of a tract conveyed to A. Kanatzar by deed recorded
in Book 75 at page 467 of the deed records of the County, thence west
14.32 chains, thence north along the east lines of sixteen one-acre
lots laid off by James S. Rollins east of G. B. Rollins Addition to
the City of Centralia, to the right-of-way of the Norfolk & Western
Railroad (formerly Wabash Railroad), thence east along such right-of-way
to the east line of such northeast quarter, thence south to the beginning.
C.
The Board of Aldermen, by resolution or motion, may issue a City
permit for the possession, discharge and shooting of special fireworks
in a location within the corporate limits other than the City Recreation
Park at a time and on a date specified in the resolution or motion
with the conditions specified in this Subsection. The special fireworks
display authorized by this Subsection shall be sponsored by a local
nonprofit organization or a local governmental body that is approved
by the Chief of the Fire Department to sponsor such display. If the
local nonprofit organization or the local governmental body that is
sponsoring the display intends to have the special fireworks display
conducted by a person or entity outside the local nonprofit organization
or local governmental body, then the outside person or entity also
shall be required to be approved by the Fire Chief before being allowed
to conduct the display. The issuance of the permit also shall be conditioned
upon the local nonprofit organization or local governmental body furnishing
proof of financial responsibility by obtaining liability insurance
in an amount satisfactory to the City and naming the local nonprofit
organization or local governmental body, the City and any outside
person or entity conducting the special fireworks display as insured
parties to satisfy claims for damages to property or personal injuries
arising out of any act or omission relating to the special fireworks
display. The specific location of the special fireworks display shall
be approved by the Fire Chief so as not to be hazardous to any person
or property. The special fireworks display shall be set up for discharge
or firing in a manner, in the opinion of the Fire Chief after proper
inspection, that will not be hazardous to any person or property.
The Board of Aldermen may make any further requirements or conditions
for issuance of a permit that the Board desires.
[1]
State Law Reference — See RSMo., §§ 320.126
and 320.151.
[Ord. No. 1364 § 5, 5-18-1987; Ord. No. 1621 § 5, 6-17-1991; Ord. No. 2854 § 3, 5-2-2016]
A.
Except as provided in Section 11-4(B), it is unlawful for any person
to possess, sell or use within the corporate limits of the City any
pyrotechnics commonly known as "fireworks" other than items now or
hereafter classified as "consumer fireworks" by the United States
Department of Transportation or those items that comply with the construction,
chemical composition, labeling and other regulations relative to fireworks
regulation promulgated by the United States Consumer Product Safety
Commission and permitted for use by the general public under regulations.
It is unlawful for any person to sell, offer for sale, store, and
display or possess any fireworks that have not been approved and labeled
as consumer fireworks by the Interstate Commerce Commission. The Interstate
Commerce Commission consumer fireworks label must be visible on the
fireworks or smallest container in which they are sold. The label
shall be on the fireworks, or package, or both, that is received by
the general public from the seller.
B.
Except as provided in Section 11-4(B), it is unlawful for any person
to possess, use, discharge or ignite those fireworks classified by
the United States Department of Transportation as ground salutes,
commonly known as "cherry bombs," "M-80s," "M-100s", "M-1000s," and
various other tubular salutes which exceed the limits set for consumer
fireworks by the United States Department of Transportation for explosive
composition.
[1]
State Law Reference — See RSMo., §§ 320.131
and 320.136.
[Ord. No. 1621 § 6, 6-17-1991; Ord. No. 2854 § 4, 5-2-2016]
Unless the context clearly indicates otherwise, the terms listed below shall have the following definitions in Chapter 11:
Explosive devices classified as designed primarily to produce
visible or audible effects by combustion, including aerial devices
and ground devices, all of which are classified as fireworks, UNO336,
1.4G by regulation of the United States Department of Transportation,
as amended, and which were formerly classified as Class C common fireworks
by regulation of the United States Department of Transportation.
Explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation, including
aerial devices and ground devices that meet the definition of consumer,
proximate or display fireworks as set forth by 49 Code of Federal
Regulations Part 171 to end, United States Department of Transportation
hazardous materials regulations, and American Pyrotechnics Association
87-1 standards.
Explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation, including
devices containing more than two (2) grains (130 mg) of explosive
composition intended for public display. These devices are classified
as fireworks, UNO335, 1.3G by regulation of the United States Department
of Transportation, as amended, and which were formerly classified
as Class B display fireworks by regulation of the United States Department
of Transportation.
[1]
State Law Reference — See RSMo., § 320.106.
[Ord. No. 1621 § 7, 6-17-1991]
A.
The Chief of the Fire Department may prohibit for a specified period
of time the discharge, shooting, setting off or ignition of fireworks
within the corporate limits of the City if he deems such to be a fire
hazard. The Fire Chief or the City Administrator shall cause a public
notice of said prohibition to be published in one (1) newspaper of
general circulation within the City and shall provide publicity about
said prohibition to such other news operations as he may deem advisable.
The prohibition on the discharge, shooting, setting off or ignition
of fireworks shall be effective beginning with the date of publication
of the notice in said newspaper within the City.
B.
The Chief of the Fire Department further may prohibit any public
display of special fireworks, even if a permit for such display has
been issued by the City, if he deems such public display to constitute
a fire hazard. The Fire Chief or the City Administrator shall deliver
notice of such prohibition to the local organization which was to
conduct the public display.
[1]
Cross Reference — See § 10-13(B) of this code.
