City of Pleasant Valley, MO
Clay County
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Table of Contents
Table of Contents
[Ord. No. 2736 §2, 5-17-2006]
For purposes of this Chapter, the term "fireworks" shall mean and include any combustible or explosive compositions or any substance, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, detonation and specifically are limited to aerials comprised of combustible substances that do not leave any material after use.
[Ord. No. 2736 §2, 5-17-2006]
The following Class 1.4G fireworks are prohibited: rockets, parachutes, winged items (plastic or cardboard) or Roman candles leaving residue.
[Ord. No. 2736 §2, 5-17-2006]
The following Class 1.4G are allowed: night shells, wheels, cones, firecrackers, fountains, aerial (multi-effect), sparklers, ground spinners and smoke items.
[Ord. No. 2736 §2, 5-17-2006]
A permit for sale of permissible fireworks will be granted to a local, non-profit, religious or community service organization within the City limits for a period from 10:00 A.M. on the twenty-fifth (25th) day of June of each year and ending at 11:00 P.M. the fourth (4th) day of July of each year.
Any such local, non-profit, religious or community service organization desiring to sell or offer for sale permitted fireworks within the City limits shall make written application to the City Clerk before June first (1st) of each year and pay a permit fee of one thousand dollars ($1,000.00). A surety bond in an amount not less than one million dollars ($1,000,000.00) or a public liability insurance policy in an amount not less than one million dollars ($1,000,000.00) shall be posted with the City and will provide for coverage against any damage to property or persons and shall name the City as an additional insured.
All permits are issued and approved by the Fire Chief. They 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.
All applications must contain the name of the applicant, in addition to a detailed description of the proposed location and provisions to be taken pursuant to 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 with off-street parking on a dust-free surface. The applicant will have an initial inspection by the local Fire Inspector and comply with all fire regulations set forth from the inspection. Applicant will conform to the 2003 Uniform Fire Codes and be subject to subsequent at-will inspections.
All applications must provide for twenty-four (24) hour fire watch by certified fire personnel (one (1) person) during the time the sales location is operational (including during setup, takedown times and when fireworks are on site). Fire watch personnel must provide proof of certification to the Fire Inspector.
At each entrance of each place of sale of fireworks, a sign shall be posted setting forth the dates and times when fireworks may be fired. Said signs shall further state that no person may fire within the City limits bottle rockets or any rockets with an aerial trajectory having cylinder or cartridge holding a propellant charge, which cylinder or cartridge is not intended to be completely consumed before landing.
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; provided further, that it shall be unlawful for the person to shoot or detonate fireworks of any nature within the City limits except from 10:00 A.M. to 11:00 P.M. on the second (2nd), third (3rd) and fourth (4th) days of July each year. Provided further, notwithstanding any ordinance or Fire Code provision to the contrary, it shall be unlawful for any person to possess, throw, use, explode, detonate or shoot, within the City limits, bottle rockets, rockets of all types and size and any and all fireworks with art aerial trajectory having a cylinder or cartridge holding a propellant charge, which cylinder or cartridge is not intended to be completely consumed before landing. Fire or Police personnel can confiscate fireworks deemed unlawful by the definition of this Chapter.
It shall be unlawful for any person to detonate any fireworks on any municipally owned property without specific permission of the Board of Aldermen.
The applicant receiving a permit for the sale of fireworks shall display, in plain view and at the point of sale, a sign stating the dates that fireworks may be discharged and type of fireworks prohibited within the City limits of Pleasant Valley. Bag stuffers may also be required. The sign and bag stuffer must meet with the approval of the Fire Chief or designated fire personnel.
All applicants shall indicate on their application that they shall adhere to the laws of the State of Missouri regulating the sale of fireworks, indemnifying and holding the City of Pleasant Valley not liable in any way for action or damages resulting from the operation of their fireworks stand or from the sale of their fireworks.
Accompanying every application shall be an insurance certificate covering any damage or liability that may be caused from the operation of the fireworks stand or sale of the fireworks. Applicant shall also agree to abide by any rules governing the sale promulgated by the Mayor and Board of Aldermen.
The applicant receiving a permit for the sale of fireworks shall, in addition to permit fee, deposit one thousand dollars ($1,000.00) for a cleanup fee. The full amount of the deposit will be refunded to the permit holder upon successful demonstration to the Codes Enforcement Officer that he/she has cleaned his/her permitted location of trash, litter, debris, signs and temporary structures per a uniform checklist developed by the Codes Enforcement Official.
Failure to follow said checklist shall constitute forfeiture of the cleanup deposit and shall disqualify him/her from consideration for subsequent permits.
Notwithstanding anything contained herein to the contrary, the Board of Aldermen may on its own initiative or request of other City departments prohibit the use as above provided for any year where a majority of the Board votes that said use would threaten public or private health, welfare and safety. Such ban may be communicated by handbills, advertisements, radio, television, word of mouth or other means designated to notify the public.
[Ord. No. 3168 §1, 5-20-2015]
The provisions as set out in Section 236.020 through Section 236.040 do not apply to fireworks sales by a licensed business engaged solely in year-round sales of fireworks located in a permanent commercial building.
Fireworks retailers, as described in Subsection (A), shall be subject to all licensing requirements in Pleasant Valley City Code Chapter 605 regarding merchants.
Fireworks retailers, as described in Subsection (A), shall be required to be compliant with all Federal, State and local regulations.
[Ord. No. 2736 §4, 5-17-2006]
The penalty for any person or persons found in violation of any provision or provisions of this Chapter as heretofore set forth, shall upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not less than one (1) day nor more than ninety (90) days or both such fine and imprisonment. Such fines or fine with costs; and provided further that each such unlawful act shall constitute a separate offense.