City of Foristell, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 479 §1, 4-15-2002]
A. 
It shall be unlawful for any person, firm or corporation to manufacture, store, sell or offer for sale fireworks of any type within the City limits, except as provided for by this Chapter. Provided further, it shall be unlawful for any person, firm or corporation, including non-profit, religious or community service organizations, within the City limits to manufacture, store, sell or offer for sale bottle rockets, rockets of all types and size and any and all fireworks with an aerial trajectory having a cylinder or cartridge holding a propellant charge which cylinder or cartridge is not intended to be completely consumed before landing. However, this Chapter shall not apply to the following situations:
1. 
The necessary discharge of flares or torpedoes for signal purposes in connections with railroads or other means of transportation.
2. 
The use of blank cartridges, firearms or species of fireworks in connection with theatrical exhibitions.
3. 
The activities of any military or Police organization for official purposes.
[Ord. No. 479 §1, 4-15-2002]
For purposes of this Chapter, the following words shall have the meaning as set out herein:
FIREWORKS
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 or detonation and shall also include common fireworks and special fireworks as defined herein:
1. 
Common fireworks (Class C): 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 (one hundred thirty milligrams (130 mg)) of explosive composition or ground devices containing no more than fifty milligrams (50 mg) of explosive composition, all of which are classified as Class C explosives by regulations of the United State Department of Transportation.
2. 
Special fireworks: (Class B): Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes aerial devices containing more than two (2) grains (one hundred thirty milligrams (130 mg)) of explosive composition or ground devices intended for public display. These devices are classified as Class B explosives by regulations of the United State Department of Transportation. Special fireworks (Class B) are prohibited within the City limits except as part of a permitted public display as approved by the Board of Aldermen.
SALE
An exchange of articles of fireworks for money, including barter, exchange, gift or offer thereof, and each such transaction made by a person, whether as a principal proprietor, salesman, association, co-partnership or one (1) or more individuals.
[Ord. No. 479 §1, 4-15-2002]
A. 
Permits. Each permit for a temporary fireworks stand shall require a City of Foristell business license and such sign permits as required by City ordinances.
B. 
Applications. Applications for temporary fireworks stand permits must be applied for by April first (1st) of each year. Applications are subject to review under the conditional use permit provisions of City Ordinances.
C. 
Transfer Of Permits. All temporary fireworks stand permits approved and issued by the Board of Aldermen are personal to the applicant and are 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 and permit fee.
D. 
Permit Fees. Any person, firm or corporation making application for a temporary fireworks stand permit shall accompany said application with a fee of two thousand dollars ($2,000.00) for up to one thousand (1,000) square feet and four thousand dollars ($4,000.00) for over one thousand (1,000) square feet plus the normal fees for a business license and applicable sign permit fees for each sign, for each location that a permit is sought. If the Board of Aldermen does not approve the conditional use application, the permit fee shall be returned to the applicant. If the application is approved, then the total fee shall be retained by the City of Foristell as provided herein. All fees collected from temporary fireworks stand permits shall go to the General Fund of the City.
E. 
Location. The site location is limited to property which is zoned as "C-2" General Commercial District, "C-3" Planned Commercial Business or Shopping Center District, "M-1" Light Industrial District, "M-2" General Industry District or, if approved by the Planning and Zoning Commission, "M-3" Planned Industrial District. The actual stand, tent, building or facility shall be at least one hundred (100) feet from any other temporary or permanent building and at least two hundred (200) feet from any residence or housing unit.
F. 
Each site location shall require a separate permit and permit fee, business license and applicable sign fees.
G. 
A conditional use permit for a temporary fireworks stand shall not be valid for more than sixty (60) calendar days and shall not be effective prior to May sixth (6th) of each year nor be effective after July eighth (8th) of each year.
H. 
Prohibition. The Board of Aldermen shall have the power and authority to limit or prohibit the sale and/or shooting or detonation of fireworks. In case of a declared emergency or extreme fire danger, the Mayor may prohibit the shooting or detonation of fireworks at any time.
[Ord. No. 479 §1, 4-15-2002]
A. 
Discharge Of Fireworks Limited.
1. 
It shall be unlawful for any person to throw or place 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.
2. 
It shall be unlawful for any person to shoot or detonate fireworks for any nature within the City limits except four (4) days prior to and four (4) days after the fourth (4th) day of July each year. During those days when fireworks are allowed to be shot or detonated, such shooting or detonation shall only be allowed between the hours of 10:00 A.M. and 12:00 o'clock Midnight.
3. 
It shall be unlawful for any person to posses, throw, use, explode, detonate, discharge or shoot bottle rockets, rockets of all types and size and any and all fireworks with an aerial trajectory having a cylinder or cartridge that is not intended to be completely consumed before landing.
4. 
Persons fifteen (15) years of age and younger shall not discharge fireworks except under the supervision of an adult. Supervision shall be adequate where the supervising adult is within sight and sound of the children during the discharge of the fireworks.
B. 
Pyrotechnic Displays. Permits for use of fireworks in connection with pyrotechnic displays may be issued by the Board of Aldermen upon written application, after review by the Planning and Zoning Commission and when the Board is satisfied that the applicant is a responsible party, has appropriate insurance coverage which includes naming the City as a co-insured party. That the conditions and use of fireworks will not involve undue or unusual danger to persons or property. That proper standards concerning the use of the fireworks will be employed. That a licensed pyrotechnic technician will be in full charge of setting up and discharging the fireworks, that adequate public safety and traffic control will be provided and provided the Fire Chief for the local fire district and the Chief of Police have reviewed the proposed plans for the public display and have provided their recommendations to the Board of Aldermen.
[Ord. No. 479 §1, 4-15-2002]
The Chief of Police and other City of Foristell Police Officers are hereby authorized to confiscate fireworks from the possession of any person found to be in violation of this Chapter by discharging fireworks before 10 A.M. four (4) days prior to the fourth (4th) of July or after 12:01 A.M. four (4) days after the fourth (4th) of July of each year and other than between the hours of 10:00 A.M. and 12:00 Midnight during said days. In addition, the Chief of Police and other City of Foristell Police Officers are further authorized to confiscate fireworks being discharged privately in such large quantities that a nuisance is created.
[Ord. No. 479 §1, 4-15-2002]
Any person who has fireworks confiscated under this Chapter shall be provided written notice at the time of the confiscation that within seven (7) days from the confiscation, the person may file a written request for a review with the Police Department setting out the specific facts for the claim that this Chapter has not been violated. The Chief of Police shall hear and determine the matter within ten (10) days of receipt of the written request for appeal. The decision of the Chief of Police shall be final.
[Ord. No. 479 §1, 4-15-2002]
Fireworks confiscated under this Chapter shall be destroyed within thirty (30) days of confiscation, or upon appeal, at the time of the final decision finding the possessor in violation of this Chapter. The Chief of Police is authorized to make arrangements for the storage of such fireworks in or out of the City limits at a safe storage facility.
[Ord. No. 479 §1, 4-15-2002]
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 fifteen dollars ($15.00) nor more than five hundred dollars ($500.00) or imprisonment and, provided further, that each such unlawful act shall constitute a separate offense.