City of Arnold, MO: Fireworks

[Ord. No. 2.57 (2781), 3-18-2021[1]]

Formerly known as Class B special fireworks. Items classified as 1.3G UN0335 explosives are display fireworks.

Formerly known as Class C common fireworks. Items classified as 1.4G UN0336 explosives are consumer fireworks intended for use by the general public.

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 Part 171 to end, United States Department of Transportation hazardous materials regulations, and American Pyrotechnics Association, Standard 87-1. The term "fireworks" shall not include toy pistols, toy guns, or other devices in which paper caps containing twenty-five-hundredths (0.25) grains or less explosive compounds are used, providing that they are so constructed that the hand cannot come in contact with the cap when in place for use.

FIREWORKS STAND

Any building, stand, tent, whether temporary or permanent, from which fireworks, as defined herein, are displayed and/or sold for retail purposes per licensing procedures contained in the Article.

[1]

Editor's Note: Former Article XIV, Fireworks, containing Sections 215.2210 through 215.2280, was repealed 3-18-2021 by Ord. No. 2.57.

Section 215.2220 Discharging Prohibited — Exception.

[Ord. No. 2.57 (2781), 3-18-2021]

Except as provided in Subsection (B), it shall be unlawful for any person to willfully set off, use, burn, explode or fire off fireworks of any kind within the municipal boundaries of the City; provided, however, that this Section shall not apply to parks or other public places when in the charge of competent persons and under a permit issued by the City Council.

No fireworks shall be discharged in the City before the 25th of June or after the fifth day of July and before the 31st day of December and after the first day of January. No fireworks shall be discharged on permitted days except between the hours of 12:00 P.M. and 10:00 P.M. on June 25 through June 30; 12:00 P.M. and 11:00 P.M. on July 1 through July 3; 12:00 P.M. and 12:00 A.M. on July 4; and 12:00 P.M. and 10:00 P.M. on July 5; except by special written permits granted by the City Council for exhibition and display purposes, and further, provided, that fireworks may be discharged from 9:00 P.M. December 31 to 12:30 A.M. January 1.

It shall be unlawful for any person under the age of eighteen (18) to purchase, possess, set off, use, burn, explode or fire off any fireworks within the municipal boundaries of the City without adult supervision.

No person shall cause or knowingly permit his/her child or ward under the age of eighteen (18) years to discharge fireworks in the City in violation of any provisions of this Code. Violation of this Section shall result in a fine upon the parent or guardian of two hundred dollars ($200.00) for each separate violation.

Sections 215.2510 through 215.2540, regarding responsibility of parents and other adults for the criminal acts of children, shall apply to this Section.

Police Officers are to enforce this strictly and without the use of warnings. Summons are to be issued regardless of circumstances. Any person under the age of eighteen (18) found to be in possession of, setting off, using, burning, exploding or firing off, without adult supervision, any fireworks, shall have such items confiscated by Police Officers.

Notwithstanding any other provision of this Section, it shall be unlawful for any person to willfully set off, use, burn, explode or fire off any fireworks on any property owned by the City or any park within the City at any time without a valid permit issued by the City Council.

Section 215.2230 Sale Of Fireworks — Licenses.

[Ord. No. 2.57 (2781), 3-18-2021]

It shall be unlawful for any person to sell, offer to sell or expose for sale any fireworks of any type whatsoever within the City without first having obtained a license therefore from the City Clerk for each "fireworks stand" location at which fireworks are sold or offered for sale; provided, however, that this Section shall not apply to the sale of fireworks in wholesale lots by any manufacturer, jobber, wholesaler, distributor, or other person holding a State of Missouri wholesale license to do business within the City to retail dealers located inside or outside the City.

No person shall offer fireworks for sale in the City to individuals at retail before the 20th of June and after the 10th day of July and before the 20th of December and after the 2nd day of January of the next year. No fireworks shall be offered for sale at retail on permitted days except between the hours of 8:00 A.M. and 11:00 P.M. provided that on the 1st of July through the 3rd of July fireworks may be sold between the hours of 8:00 A.M. and 12:00 A.M.

The City Clerk is authorized to issue to any person a "fireworks stand" license to permit sales of fireworks now or hereafter classified as "1.4G Class C Common Fireworks" by the United States Department of Transportation. Licenses shall be issued for fireworks stands located only in zoning districts where such use is permitted or where a conditional use permit has been granted per the requirements of Chapter 405 of this Code of Ordinances.

It shall be unlawful to sell to retail dealers, or any other person in the City for the purpose of resale or use, any consumer fireworks which do not have the numbers and letter "1.4G" printed with an orange diamond shaped label printed on or attached to the fireworks shipping carton.

No license shall be issued for a stand if the applicant has failed to satisfy any other obligation due and owing to the City.

An application for a "fireworks stand" license shall be submitted to the Community Development Department by June first (1st) and shall include the following:

For each fireworks stand location in the year 2021, business license fees shall be based upon the following schedule:

Stands up to 1,000 square feet	$500.00
Stands greater than 1,000 square feet	$1,000.00

The above fees shall apply to sales areas only. No fee shall apply to storage areas. Storage areas may include tractor trailers, trucks, vans, automobile trailers, or other permanent or temporary vehicles or structures.

For each fireworks sales stand location in the year 2022 and thereafter, business license fees shall be based upon the following schedule:

Stands up to 1,000 square feet	$1,000.00
Stands greater than 1,000 square feet	$2,000.00

A statement that the applicant agrees to comply strictly with the terms of this Chapter, the laws of the State of Missouri, Jefferson County, and the City of Arnold, Missouri.

Documentation establishing that any fireworks stand is insured in an amount and manner satisfactory to the City. Said amount and manner shall be determined from time to time by the City Council upon the recommendation of the City Clerk.

Proof of a valid Missouri State sales tax number.

An application for permit from the Building Department for each "fireworks stand" to include the following:

A fee of five hundred dollars ($500.00).

Site plan to include at a minimum the following:

(1)

Address or site location;

(2)

Property owner and operator names, addresses and phone numbers;

(3)

Size of the lot and tent;

(4)

Location of the tent(s) and all other structures or equipment including trailers and storage units located on the lot;

(5)

Location of all existing and proposed driveway entrances and temporary parking lot areas;

(6)

Location of required restroom facilities (a minimum of one (1) portable facility on site is required);

(7)

Location of required dumpsters (a minimum of one (1) two (2) yard dumpster for a location having one thousand (1,000) square feet or less of sales area and a minimum of two (2) two (2) yard dumpsters or one (1) four (4) yard dumpster for a location having more than one thousand (1,000) square feet of sales area);

(8)

Location of required on-site, off-street customer parking spaces (a minimum of one (1) space per three hundred (300) square feet of sales area is required);

(9)

Location of nearest fire hydrant;

(10)

Other information as may be required by the City to ensure public health and safety.

The City Clerk shall only issue a business license for a "fireworks stand" in conjunction with the granting of a fireworks permit by the Building Commissioner. The Building Commissioner may issue a fireworks permit when the following has been satisfied:

All permit inspection requirements have been satisfied to the Commissioner's satisfaction.

A certificate of flame resistance must be submitted for each tent.

Approval from the Public Works Director or his/her designee of any new right-of-way curb cut and approval of the Building Commissioner of any new temporary surfacing for a parking lot are required if a new right-of-way curb cut or if new temporary surfacing is to be installed. These approvals must address the following:

If a vertical curb is present at the entrance location, a concrete approach may be constructed and left in place to the right-of-way line. If an approach is not constructed, the existing curb must be removed prior to use of the parking lot and replaced within sixty (60) days of the removal.

No portion of City-owned right-of-way shall be surfaced and a minimum of a ten-foot parking setback shall be provided.

Where used, temporary paving material shall be removed and vegetation reestablished on the site within sixty (60) calendar days of the final date of fireworks sales.

Where temporary surfacing material is used, a cash deposit, irrevocable letter of credit or a surety bond made payable to the City of Arnold, Missouri, will be required by the Director of Public Works or his/her designee. The security should be in an amount equal to the amount required to perform the reparative measures described in this Section, based on an estimate approved by the Director of Public Works or his/her designee. The security shall be subject to the condition that the reparative measures (actions taken to return disturbed land to the condition and appearance that existed before the temporary use) be performed within the first sixty (60) days following the intended usage of the temporary facility as indicated on the temporary parking lot application. The security shall be valid for the entire sixty-day period after which it will be forfeited to the City if reparative measures are not complete. If the reparative measures are not completed within the specified time, the City may use the funds from the security of any necessary portion thereof to complete the reparative measures. If the security is inadequate to pay for the costs of the reparative measures, the City shall recover the balance from the property owner.

The following standards shall be used for the review of any fireworks license and shall apply to the operation of the facility:

Stands from which fireworks are to be sold or stored shall not be located within fifty (50) feet of any permanent structure or building.

All stands shall be at least fifty (50) feet from the edge of the pavement of any public road, highway or building.

Stands shall be erected entirely on private property, and shall be a minimum of twenty (20) feet from the pavement edge of all driveway or parking lot entrances.

Stands from which fireworks are sold or stored shall not be located within fifty (50) feet of any structure in which petroleum or other flammable products are sold or dispensed in any manner other than in closed containers.

A maximum of two (2) semi-truck storage trailers or the equivalent area of trailer storage as determined by the Building Commissioner shall be allowed per location. Additional storage may be permitted upon review and approval of the Building Commissioner. Such trailers shall maintain a minimum of five-foot separation, have DOT placards on them and must be marked "EMPTY" with four-inch letters when all contents are removed.

All weeds and combustible materials shall be cleared from any sales location including a distance of at least twenty-five (25) feet surrounding the sales location.

The operator/licensee shall ensure that a sign bearing the message "Discharge of Fireworks is Permissible within the City Limits of the City of Arnold, Between the Hours of 12:00 P.M. and 10:00 P.M. on June 25 through June 30, 12:00 P.M. and 11:00 P.M. on July 1 through July 3, 12:00 P.M. and 12:00 A.M. on July 4, and 12:00 P.M. and 10:00 P.M. on July 5, and between 9:00 P.M. December 31 to 12:30 A.M. January 1." in letters at least three (3) inches in height shall be displayed in a prominent location in each fireworks stand or tent. Such sign shall not count towards the limits of allowable signage provided for by this Section.

The operator/licensee shall distribute, to each purchaser of fireworks, a flyer of at least twenty-four (24) square inches containing the statement: "Discharge of consumer fireworks within the City of Arnold is permitted by ordinance between the hours of 12:00 P.M. and 10:00 P.M. on June 25 through June 30, 12:00 P.M. and 11:00 P.M. on July 1 through July 3, 12:00 P.M. and 12:00 A.M. on July 4; and 12:00 P.M. and 10:00 P.M. on July 5, and between 9:00 P.M. December 31 to 12:30 A.M. January 1. Violators may be punished by a fine of up to two hundred dollars ($200.00) for each separate violation."

Fireworks stands shall comply with the provisions of the currently adopted Building Code relative to temporary structures. All stands shall be erected in a manner that will reasonably ensure the safety of all occupants, patrons and surrounding property.

10.

A minimum three-foot wide, unobstructed aisle running the length of the stand, inside and behind the sales counter, shall be provided.

11.

Each stand up to twenty-four (24) feet in length must have at least two (2) exits. Each stand in excess of twenty-four (24) feet must have at least three (3) exits. Exit locking devices, if any, shall be easily released from the inside without special knowledge, key or effort.

12.

Each stand shall maintain a minimum of one (1) two and five-tenths (2.5) gallon, 2A rated water-pressure type fire extinguisher or ABC minimum 2A:10BC rated fire extinguisher near each exit, and such extinguishers shall be kept in good working order and shall be easily accessible.

13.

Signage shall not be subject to the provisions of Chapter 415 but shall meet the following requirements:

No balloons, searchlights, strobe lights, beacons, or inflatable signs are permitted;

No portable signage or off-premise signage is permitted except as provided herein;

No signage may be attached to non-commercial vehicles;

Signage may not extend above or beyond the limits of the primary structure or the commercial vehicle(s) associated with the business;

All signage must be attached to the primary structure being used for the sale of fireworks or to a commercial vehicle being used as storage or an integral part of the operation;

No signage may be located in a public right-of-way or on public property; total square footage of all signage viewable from any one (1) angle for one (1) location shall not exceed four hundred (400) square feet;

When a location does not abut a public right-of-way and does not have direct access from such right-of-way, one (1) off-site, freestanding sign or banner not to exceed ninety-six (96) square feet shall be permitted for each entrance, provided there is only one (1) such sign permitted per right-of-way, and such sign neither interferes with public safety nor is within the public right-of-way. Such sign shall not contribute to the four hundred (400) square foot signage allowance;

When a fireworks stand is located on a parcel (or adjoining parcels under unified ownership), which fronts on Interstate 55 (I-55), the placement of a maximum of two (2) tractor trailers bearing signage on their sides shall be permitted on such parcel(s) as it fronts on I-55, provided the trailers do not interfere with public safety and are not within any public right-of-way. Such sign-bearing trailers shall not contribute to the four hundred (400) square foot signage allowance;

Signage shall not be erected more than one (1) week before the authorized sales period commences, subject to the granting of a fireworks permit, and shall be removed within one (1) day following its cessation.

14.

Persons under fourteen (14) years of age shall not be employed upon the premises. If any person under eighteen (18) years of age is employed at a location selling fireworks, the location shall be supervised by at least one (1) person over the age of twenty-one (21).

15.

No sales of fireworks shall be made to any person under eighteen (18) years of age.

16.

Licensees shall not permit smoking or any type of open flames upon the premises and shall prominently post at least two (2) signs prohibiting smoking in letters not less than four (4) inches in height on a contrasting background on all four (4) sides of said stands or tents.

17.

Licensees shall not permit debris, wrappers or papers to accumulate on the premises and dumpsters shall be emptied as necessary to maintain the premises in a clean and orderly manner.

18.

Licensees and employees shall not attract customers by means of flagging of vehicles or engage in any activity which obstructs or interferes with the free flow of traffic upon any street or highway.

All items permitted under Chapter 320, RSMo., except those classified as "1.4G UN0336 Consumer Fireworks" by the United States Department of Transportation, may be sold without acquiring a "fireworks stand" license.

Any license granted hereunder may be suspended and all sales prohibited by the City Clerk and/or his/her designee upon violation of any of the provisions listed in this Section which pose a danger to the public or if any ordinance violation remains uncorrected for twenty-four (24) hours after the licensee has been given notice to correct a violation by the City. If a written request is delivered to the office of the City Administrator within ten (10) days of the suspension, a hearing shall be held within ten (10) days of the receipt of such written request by the City Administrator to determine the existence of the violation and the appropriateness of the suspension. The City Administrator's determination shall be final. Any licensee whose license has been suspended and does not request a hearing before the City Administrator, or whose suspension is upheld by the City Administrator, shall not be licensed in the next succeeding year for fireworks sales.

Section 215.2240 Forfeiture Or Termination, Penalty.

[Ord. No. 2.57 (2781), 3-18-2021]

The discovery of non-compliance with any requirement of this Article after the issuance of a license may result in the forfeiture or termination of a license and serve as grounds for either denial of a future permit and prosecution under applicable City ordinances, or both.

Section 215.2250 Exempt From Article.

[Ord. No. 2.57 (2781), 3-18-2021]

Nothing in this Article shall be construed as applying to manufacture, storage, sale or use of signals necessary for safe operation of railroads or other classes of public or private transportation nor applying to the military forces of the United States or this State, or to Peace Officers, nor as prohibiting the sale of blank cartridges for ceremonial, or theatrical, or athletic events or agricultural purposes.