[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.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
It
shall be unlawful for any person to detonate any fireworks on any
municipally owned property without specific permission of the Board
of Aldermen.
I.
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.
J.
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.
K.
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.
L.
Failure
to follow said checklist shall constitute forfeiture of the cleanup
deposit and shall disqualify him/her from consideration for subsequent
permits.
M.
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. 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.
