[R.O. 1997 § 225.010; Ord. No.
2043 §§ 2 — 10, 4-5-1988]
A. Definitions. The following terms as used in this Section shall be
defined as follows:
DISPLAY 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 fireworks, UN0333 or UN0334 or UNO335,
within 49 CFR 172.
FIREWORKS
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 171 to end, United States
Department of Transportation hazardous materials regulations.
LICENSE
The document issued by the City Collector upon proper application,
qualification and payment.
PERMIT
The written authority of the State Fire Marshal issued under
the authority of Sections 320.106 to 320.161, RSMo., to sell fireworks.
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, copartnership, or one (1) or more individuals.
B. 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.
C. 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:
1.
Such applicant has complied with all State Statutes, and obtained
all necessary State permits for the sale of fireworks at retail.
2.
The proposed location for the sale is in compliance with the
restrictions set out hereinafter.
3.
The permit fee of fifty dollars ($50.00) is paid.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. Any person violating any of the provisions of this Section shall be punished as set forth in Chapter
100, Article
III of this Code.
[R.O. 1997 § 225.020; Ord. No.
2396 §§ 1 — 3, 7-19-1994; Ord. No. 3022, 6-19-2018]
A. It is unlawful for any person, corporation, association, partnership or individual or group thereof to use fireworks or display fireworks as defined in Section
235.010 within the City limits of the City of Kennett, except as provided herein.
B. Permits for public display for display 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, RSMo.
C. The use of 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 4 and December 31, and between the hours of 2:00 P.M. and 11:00
P.M. on July 4 and December 31.
D. It is unlawful to attempt to sell or to sell at retail any fireworks
to children under the age of sixteen (16) years except when such child
is in the presence of a parent or guardian.
E. It is unlawful to discharge fireworks from a vehicle.
F. It is unlawful to discharge fireworks from, on or over the streets
or alleys of the City.
G. Any person violating this Section as to the use of fireworks may
have all fireworks in their possession confiscated by the City. Any
fireworks so confiscated shall not be returned.