[Ord. No. 577 §1 — 5, 7, 1-23-2003; Ord. No. 835 §1, 5-11-2006; Ord. No. 955 §§1 — 3, 9-13-2007; Ord. No. 1600 §11, 1-18-2017]
The City of Cottleville hereby finds and determines that it is in furtherance of the peace, comfort, safety, health and general welfare of the inhabitants of the City of Cottleville that the City adopt restrictions on the use and discharge of fireworks within the City in order to maintain public peace and minimize the risk of injury as well as actual injury to persons and property within the corporate limits of the City of Cottleville.
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
COMMON 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, UNO336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as class C common fireworks by regulation of the United States Department of Transportation.
DISCHARGE
The act of setting off, using, burning, exploding or firing off of any common or special fireworks.
FIREWORKS SEASON
The period beginning on the 20th day of June and continuing through the fifth day of July of the same year. Notwithstanding the foregoing, should the fourth day of July in any given year fall on a Thursday or Friday, then the fireworks season for that same year shall be the period beginning on the 20th day of June and continuing through the first Saturday after the fourth day of July of the same year at 11:00 P.M.
PERMIT
The written authority of the City issued under the authority of this Article.
PERSON
Any corporation, association, partnership or individual or group thereof.
SALE
An exchange of articles of fireworks for money, including barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as a principal proprietor, salesman, agent, association, co-partnership or one (1) or more individuals.
SPECIAL FIREWORKS
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 (one hundred thirty (130) mg) of explosive composition intended for public display. These devices are classified as Class B explosives by regulation of the United States Department of Transportation.
A. 
Subject to Subsection (B) of this Section, it shall be unlawful for any person to willfully discharge any common fireworks, firecrackers, torpedoes, bombs, rockets, pinwheels, fire balloons, Roman candles, toy cannons or other fireworks of any like kind within the City; provided however, this Section shall not apply to displays of common or special fireworks when such fireworks displays are conducted by an independent professional pyrotechnician and under a permit issued by the City. Such permit may be issued by the City Clerk only after the pyrotechnician has met any applicable risk management requirements established by the City, which includes, but is not limited to, proof of receipt of a permit pursuant to Section 320.136, RSMo.
B. 
Except as provided in this Section, it shall be unlawful to discharge common fireworks in the City without a permit.
1. 
During the fireworks season of each year fireworks may be discharged without a permit at the following times:
a. 
Between the hours of 9:00 A.M. and 10:00 P.M. on Sunday; and
b. 
Between the hours of 5:00 P.M. and 10:00 P.M., Monday through Thursday; and
c. 
Between the hours of 5:00 P.M. and 11:00 P.M., on Friday; and
d. 
Between the hours of 9:00 A.M. and 11:00 P.M. on Saturday.
2. 
Between the hours of 6:00 P.M. on December 31 and 1:00 A.M. on January 1 of each year.
It shall be unlawful for any person to sell, offer for sale or store any common or special fireworks, any firecrackers, torpedoes, bombs, rockets, pinwheels, fire balloons, Roman candles, toy cannons, sparklers, snakes or any other fireworks of a like kind within the City; provided, that this Section shall not apply to the sale of common fireworks pursuant to permit issued by the City during the fireworks season or to the storage of common or special fireworks by any person holding a permit for public displays as provided in this Article.
Where any provision of Federal, State, County or City Statutes, codes or laws conflicts with any provision of this Article, the most restrictive shall govern unless otherwise required by law.
A. 
Each discharge of common or special fireworks in violation of this Article shall constitute a separate offense punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment.
B. 
Storage of common or special fireworks in violation of this Article shall constitute a separate offense for each day the unauthorized storage continues, which separate offense shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment.