[Ord. No. 2043 §§2 — 10, 4-5-1988]
Definitions. The following terms as used in this Section shall be defined as follows:
- COMMON FIREWORKS
- Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes aerial devices containing no more than two (2) grains (130 mg) of explosive composition or ground devices containing no more than fifty (50) mg of explosive composition, all of which are classified as class C explosives by regulation of the United States Department of Transportation.
- The document issued by the City Collector upon proper application, qualification and payment.
- The written authority of the State Fire Marshal issued under the authority of Sections 320.106 to 320.161, RSMo., to sell fireworks.
- Any corporation, association, partnership or individual or group thereof.
- 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.
It shall be unlawful for any person to sell, offer for sale, give away, or otherwise distribute any item of fireworks, in the City of Kennett, Missouri, without first having secured the proper permit, and license for the same, or to sell, expose for sale or otherwise transfer any item of fireworks outside of the fireworks season.
The City Collector shall issue licenses for the sale of fireworks at retail to those persons who shall have first submitted an application which shall demonstrate that they have satisfied the following requirements that:
No fireworks shall be sold, exposed for sale, displayed or stored at any location that is within two hundred (200) feet of any school, church or hospital, or within two hundred (200) feet of any gasoline pump, gasoline filling station, gasoline bulk station, or any building in which gasoline or other volatile liquids are sold in quantities in excess of one (1) gallon.
It shall be unlawful to permit the presence of lighted cigars, cigarettes, pipes or any other open flame within ten (10) feet of any location where fireworks are sold, offered for sale, displayed or stored.
License for the retail sale of fireworks shall show the location authorized for such sale, and such sale shall only be permitted by such licensee at the location shown on the license.
In addition to the location of the sale, licensee shall provide to the City Clerk for relay to the Fire Department, the location of any storage of any fireworks after the fireworks season.
The sale of fireworks shall only be permitted in those zones of the City zoned "B-1", "B-2", "I-1", "I-2", according to Title IV of this Code.
Any person violating any of the provisions of this Section shall be punished by a fine of not more than five hundred dollars ($500.00), or a jail sentence of not more than ninety (90) days, or by both such fine and jail sentence.
[Ord. No. 2396 §§1 — 3, 7-19-1994]
It is unlawful for any person, corporation, association, partnership or individual or group thereof to use Common Fireworks (as defined by Section 320.106(2) of the Revised Statutes of Missouri) or Special Fireworks (as defined by Section 320.106(11) of the Revised Statutes of Missouri) within the City limits of the City of Kennett, except as provided herein.
Permits for public display for Special Fireworks may be granted to fair associations, amusement parks, organizations, firms or corporations. Such permits may be granted upon application and approval by the Fire Chief and shall comply with all requirements set forth in Section 320.126(4 and 5) of the Revised Statutes of Missouri.
The use of Common Fireworks shall be permitted only between the hours of 2:00 P.M. and 10:00 P.M. for the four (4) days immediately preceding July fourth (4th) and December thirty-first (31st), and between the hours of 2:00 P.M. and 12:00 Midnight on July fourth (4th) and December thirty-first (31st).