[R.O. 2008 §235.010; Ord. No. 4890 §1, 7-9-1990]
It is hereby declared to be the intent of City Council, in the
exercise of its police powers to protect the public health, safety
and welfare, to regulate the use, sale and public display of fireworks.
[R.O. 2008 §235.020; Ord. No. 4890 §1, 7-9-1990]
This Chapter shall be administered by the City Manager or his/her
authorized representative who shall take such action as may be reasonable
and necessary to secure compliance therewith.
[R.O. 2008 §235.030; Ord. No. 4890 §1, 7-9-1990]
The City Manager or his/her authorized representative shall
inspect structures for the sale of fireworks and sites for public
display of fireworks within the jurisdiction of the City to determine
if said structure or site meets the requirements of the Chapter and
to enforce the provisions of this Chapter.
[R.O. 2008 §235.040; Ord. No. 4890 §1, 7-9-1990]
The following words shall have the meanings set out below when
used in this Chapter:
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.
Any composition or device for producing a visible, audible,
or both visible and audible effect by combustion, deflagration, or
detonation and that meets the definition of consumer, proximate, or
display fireworks as set forth by 49 CFR Part 171 to end, United States
Department of Transportation hazardous materials regulations, and
American Pyrotechnics Association 87-1 standards.
Any structure which is freestanding, solely intended only
for the sale of "Common fireworks" and offers for
sale to the public only those fireworks which are lawful to offer
for sale to the general public within the State of Missouri.
[R.O. 2008 §235.050; Ord. No. 4890 §1, 7-9-1990]
No person shall offer for sale or public display any fireworks
or common fireworks without first securing a permit therefor from
the City Clerk.
[R.O. 2008 §235.060; Ord. No. 4890 §1, 7-9-1990]
Any person, firm, or corporation desiring to secure a permit
for the sale of fireworks shall make written application to the City
Clerk on forms provided therefor, stating the name, address, state
sales tax number, telephone number of the person requesting the permit
and the address where the fireworks stand is to be located, together
with such additional information concerning the site of the stand
as may be reasonably required.
[R.O. 2008 §235.070; Ord. No. 4890 §1, 7-9-1990]
A.
Application
for permit to operate a display of fireworks in conformance with the
terms of the National Fire Protection Association, Standard for Public
Display of Fireworks, NFPA 1123, current edition, and of the general
laws of the City of Maryville and the State of Missouri shall be made
in writing on forms provided by the office of the City Clerk.
B.
Such
application shall set forth:
1.
The name of the organization sponsoring the display together with
the names of persons actually in charge of the firing of the display.
2.
Evidence of financial responsibility.
3.
The date and time of date at which the display is to be held.
4.
A description setting forth the age, experience, and physical characteristics
of persons who are to do the actual discharging of the fireworks.
5.
The number and kinds of fireworks to be discharged.
6.
The manner and place of storage of such fireworks prior to display.
7.
A diagram of the grounds on which the display is to be held showing
the point at which the fireworks are to be discharged, the location
of all buildings, highways and other lines of transportation, the
lines behind which the audience will be restrained, and the location
of all nearby trees, telegraph or telephone lines or other overhead
obstructions.
C.
Upon
receipt of such application at least fifteen (15) days in advance
of the date set for this display, the City Manager or his/her authorized
representative shall make or cause to be made, an investigation of
the site of the proposed display for the purpose of determining whether
the provisions of these regulations are complied with in the case
of the particular display. He/she shall confer with the Director of
Public Safety about the application and whether issuance of a permit
would be consistent with public safety. Being satisfied that the display
is properly lawful, the City Manager or his/her authorized representative
shall endorse the application, stating that the display is in conformance
with all parts of the law and these regulations. Failure to receive
approval on said application shall be sufficient cause for the office
of the City Clerk to deny the permit.
D.
The
applicant, following endorsement by the City Manager or his/her authorized
representative, shall submit said application to the office of the
City Clerk who shall then, upon receipt of financial responsibility
as required by ordinance, collect the permit fee as set by resolution
and adopted by the City Council, and issue a non-transferable permit
authorizing the said public fireworks display.
[R.O. 2008 §235.080; Ord. No. 4890 §1, 7-9-1990]
A.
The City Clerk shall issue to any person who is in conformity with Section 230.060, "Application for Permit for the Sale of Fireworks" or Section 230.070, "Application for Permit for Public Display of Fireworks", upon payment of the permit fee. Those applying for permits for the public display of fireworks or public sale of fireworks may be issued a permit contingent upon proof of financial responsibility in the following amounts:
1.
In any case the insurance required by this Section shall insure the
person, persons or organization holding a public display of fireworks
against loss from the liability imposed by law for injury to, or death
of any person, or damage to any property arising out of such a public
display of fireworks to the amount of one hundred thousand dollars
($100,000.00), exclusive of interest and costs, on account of injury
to, or death of any one (1) person, and subject to the same limit
as respects injury to or death of one (1) person, of five hundred
thousand dollars ($500,000.00), exclusive of interest and costs, on
account of the any one (1) public display of fireworks resulting in
injury to or death of more than one (1) person, and of three hundred
thousand dollars ($300,000.00) for property damage to property of
others resulting from the public display of fireworks as outlined
by this Section.
2.
In any case, the insurance required under this Section shall insure
the person(s) selling fireworks or displaying fireworks against loss
from liability imposed by law for injury to, or death of any person,
or damage to any property growing out of the sale or public display
of fireworks to the amount or limit of one hundred thousand dollars
($100,000.00), exclusive of interest and costs, on account of injury
to, or death of any one (1) person, and subject to the same limit
as respects injury to or death of one (1) person, of five hundred
thousand dollars ($500,000.00), exclusive of interest and costs, on
account of the sale of or public display of fireworks resulting in
injury to or death of more than one (1) person, and of three hundred
thousand dollars ($300,000.00) for damage to property of others resulting
from the sale or public display of fireworks on any one (1) structure.
[R.O. 2008 §235.090; Ord. No. 4890 §1, 7-9-1990]
Upon completion of the set up of a stand for the public sale of fireworks, the permittee shall notify the City Manager or his/her authorized representative who shall cause to be made an inspection of the site within twenty-four (24) hours of such notice, or as soon thereafter as practicable. The inspection of a site for the public display of fireworks shall be completed as outlined in Section 230.070.
[R.O. 2008 §235.100; Ord. No. 4890 §1, 7-9-1990]
A.
The
following regulations shall be considered as minimum requirements
and shall be upheld in all cases involving any site within the cities
which offer fireworks for sale to the public.
1.
No fireworks shall be offered for sale or sold to the public except
from 8:00 A.M., June twentieth (20th) through 11:00 P.M. July fourth
(4th), provided however, that there shall not be offered for sale
or sold at any time within the City limits any aerial device with
the common trade name of "bottle rocket" or "sky rocket" and defined as any device containing a wooden
stick for guidance and stability, rising into the air upon ignition,
and producing a burst of color or noise or both at the height of its
flight.
2.
All firework stands offering fireworks for sale to the public shall
be free standing and shall offer for sale at such site or within such
structure those fireworks as are lawful for sale to the general public
by Missouri State law.
3.
Any fireworks stand shall be located a minimum of fifty (50) feet
from any inhabited structure or within fifty (50) feet from any public
walk, street or thoroughfare nor shall any such stand be located within
five hundred (500) feet from any hospital, school, bulk storage of
flammable liquids or flammable gases.
4.
No fireworks stand shall contain any more than five hundred (500)
pounds of pyrotechnic material at any one time.
5.
All fireworks stands shall be kept clean; orderly; free of accumulation
of dust or rubbish; dry and free of grit, paper, empty used packages
and debris, brooms and other cleaning utensils shall not have spark-producing
metal parts. Sweepings from the structure shall be disposed of properly.
6.
The area surrounding the stand shall be kept clean of brush, dried
vegetation, leaves and similar combustibles for a distance of at least
twenty-five (25) feet.
7.
Smoking, matches, open flames, spark producing devices and firearms
shall not be permitted inside or within twenty-five (25) feet of any
fireworks stand.
8.
Smoking shall not be permitted inside of or within twenty-five (25)
feet of any fireworks stand. Signs reading "Fireworks - No
Smoking", in letters at least two (2) inches high shall be
conspicuously posted.
9.
All artificial lighting at a fireworks stand shall be electrically
powered. A master electrical disconnect shall be provided at the point
where the electrical service enters the stand; this master disconnect
shall be arranged such that all electrical power to the structure
is simultaneously interrupted when the disconnect is in the "off" position.
10.
All openings to any fireworks stand shall be equipped with a means
of locking.
Exception: If locking of the structure is not
possible (i.e., the structure being a tent), the structure shall be
attended continuously to comply with the intent of this Section.
11.
All doors shall open outward and be free from any obstruction.
[R.O. 2008 §235.110; Ord. No. 4890 §1, 7-9-1990]
A.
No
person shall use or cause to be used any other common fireworks at
any time except during the hours from 8:00 A.M. to 11:00 P.M. on the
date of July fourth (4th); no person shall at any time use any aerial
device with the common trade name of "bottle rocket" or "sky rocket" and defined as any device which
contains a wooden stick for guidance and stability and rises into
the air upon ignition. A burst of color or noise or both is produced
at the height of flight.
B.
Any
other use of fireworks or common fireworks except such as outlined
by this Chapter shall be a direct violation of this Chapter.
[R.O. 2008 §235.120; Ord. No. 4890 §1, 7-9-1990; Ord.
No. 5429 §1, 6-25-1996]
Any person, whether individually or as a member or employee
of a partnership or as an officer, agent or employee of a corporation,
who directs or knowingly permits any violation of any of the provisions
of this Chapter, or who aids or assists therein, or who shall violate
any prohibition or mandate of this Chapter, shall be guilty of an
ordinance violation, and upon conviction thereof, shall be punished
by a fine not to exceed five hundred dollars ($500.00) or be imprisoned
in jail for not more than three (3) months, or both such fine and
imprisonment. A separate offense shall be deemed committed upon each
day during or upon which a person violates any provision of this Chapter.
