A person commits the offense of littering if he/she throws or
places or causes to be thrown or placed any glass, glass bottles,
wire, nails, tacks, hedge, cans, garbage, trash, refuse or rubbish
of any kind, nature or description on the right-of-way of any public
road or State highway or on or in any of the waters in this City or
on the banks of any stream or on any land or water owned, operated
or leased by the State, any board, department, agency or commission
thereof or on any land or water owned, operated or leased by the Federal
Government or the City, or on any private real property owned by another
without his/her consent.
Whoever willfully or maliciously poisons, defiles or in any
way corrupts the water of a well, spring, brook or reservoir used
for domestic or municipal purposes, or whoever willfully or maliciously
diverts, dams up and holds back from its natural course and flow any
spring, brook or other water supply for domestic or municipal purposes,
after said water supply shall have once been taken for use by any
person or persons, corporation, Town or City for their use, shall
be adjudged guilty of an ordinance violation and punished by a fine
not less than fifty dollars ($50.00) nor more than five hundred dollars
($500.00), or by imprisonment in the City or County Jail not exceeding
ninety (90) days, or by both such fine and imprisonment, and shall
be liable to the party injured for three (3) times the actual damage
sustained, to be recovered by suit at law.
[CC 1999 §15-81; Ord. No. 98-04, 1-12-1998; Ord. No.
2012-66 §1, 8-13-2012]
A. Definitions. As used in this Article, the following terms
shall have these prescribed meanings:
AERIAL LUMINAIRE
Shall mean, and refer to, a lantern, commonly of paper with
a bamboo or other frame, using an attached heat source to become and
remain airborne by the use of heated air. Other common names for an
"Aerial Luminaire" include but are not limited to, Chinese sky lantern,
Hawaii sky lantern, sky lantern, Kongming lantern, flying lanterns,
floating lanterns, sky candles, or wish candles. This definition does
not include a hot air balloon capable of transporting human beings
or those designed to loft scientific or other payloads, such as a
weather balloon or similar device.
[Ord. No. 2016-01 §1, 1-11-2016]
FIREWORKS
Any combustible or explosive composition, or any substance
or combination of substances, or article prepared for the purpose
of producing a visible or an audible effect by combustion, explosion,
deflagration, or detonation, and shall include firecrackers, Roman
candles, sparklers or other devices of like construction and any device
containing any explosive or flammable compound, or any tablets or
other devices containing any explosive substances 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.
B. Scope. The manufacture of fireworks is prohibited within
the City. The storage, sale, use or discharge of fireworks is prohibited
except as authorized by this Section.
C. Permit Required For Seasonal Retailer. A permit shall be
obtained by seasonal retailers from the City for the retail sale of
fireworks to consumers. As a condition precedent to the issuance of
a permit by the City, the proposed applicant shall show proof of a
State permit as required in Chapter 320, RSMo. Upon the issuance of
the permit, fireworks may be sold in accordance with the terms of
said permit only during the period of June twentieth (20th) through
July tenth (10th) of the same year, except as otherwise permitted.
D. Seasonal Retailer Permit Applications. Applications for
seasonal retailer permits shall be made in writing on or before May
fifteenth (15th) of each year. The sale of fireworks shall be lawful
under the specific terms and conditions approved with the permit and
for that purpose only. A permit granted hereunder shall not be transferable,
nor shall any such permit be extended beyond the dates set out therein.
Each applicant shall be required to complete and deliver to the City
Clerk an application in a form approved by the City. The City retains
the authority to reject any application submitted to a person whose
permit has been revoked as a result of a conviction for possession
or sale of illegal fireworks, has unpaid taxes owed to the City, or
whose permit was revoked for failure to comply with this Section.
The fee for the issuance of a permit in order to reimburse the City
for the costs of issuing and enforcing the permit is thirty-five dollars
($35.00) per year per sales location.
E. Discharge of Fireworks. It shall be unlawful for any person
to discharge any form of fireworks, within the City, except as provided
below:
1. It shall be lawful to shoot or detonate consumer fireworks within
the City limits on the first (1st), second (2nd), and third (3rd)
days of July of each year between the hours of 8:00 A.M. and continuing
until the hour of 10:00 P.M. on the first (1st), second (2nd), and
third (3rd) days of July. On the fourth (4th) day of July, it shall
be lawful to shoot or detonate consumer fireworks within the City
limits between the hours of 8:00 A.M. and continuing until the hour
of 11:00 P.M. It shall be unlawful for any person to possess, throw,
use, explode, detonate or shoot, within the City limits, 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.
In the event that the above dates are unavailable due to a fireworks
ban because of weather or other basis, then the City will allow consumer
fireworks to be discharged on the following alternate date: (i) such
other days and times as set by resolution of the City Council.
2. Public displays of display fireworks at specified times and dates
are permissible for organizations, firms, or corporations upon application
and approval by the City.
3. Permits requested from the City for public display of display fireworks
by organizations, firms, or corporations shall be located, discharged,
or fired in a manner which will not be hazardous to any person or
property. Prior to a permit being issued, proof of financial responsibility,
in an amount satisfactory to the City, to satisfy claims for damages
to property or personal injuries arising out of any act or omission
on the part of such person, firm, or corporation or any agent or employee
thereof shall be submitted. The permittee shall be required to provide
evidence that he has a current license to discharge display fireworks
for public displays from the State of Missouri in accordance with
Chapter 320, RSMo. If a permittee is not licensed by the State, he
shall be required to provide proof of experience and competence in
the discharge of display fireworks for public displays. The City shall
make this determination based on permits issued by other jurisdictions,
background information of the applicant(s), etc., and the issuance
of said permit shall be left solely to the discretion of the City.
After a permit has been granted, the sale, possession, use and distribution
of display fireworks for such display shall be lawful for that purpose
only. A copy of all permits issued for display fireworks displays
shall be forwarded to the State Fire Marshal's office. No permit granted
shall be transferable and may be revoked at any time for any reason
by the City.
F. General Requirements And Prohibited Acts. The following
are general requirements for sale, storage, and use of fireworks within
the City:
1. Only consumer fireworks defined in UNO336, within 49 CFR Part 172,
are permitted to be discharged unless a display fireworks permit is
obtained.
2. Persons under the age of sixteen (16) years are prohibited from selling
or working in fireworks businesses unless under the direct supervision
of a person at least eighteen (18) years of age.
a. It is unlawful to attempt to sell or to sell at retail any fireworks
to children under the age of fourteen (14) years except when such
child is in the presence of a parent or guardian.
3. No fireworks may be sold at retail without the securing of the applicable
City business license in addition to the permit required hereinabove.
The license and permit must be on display at the location where the
retail sale takes place.
4. At all places where fireworks are sold or displayed, the words "No
Smoking" must be posted in letters at least four (4) inches in height.
Smoking shall not be permitted inside or within twenty-five (25) feet
of a seasonal retail area and it is unlawful to permit the presence
of lighted cigars, cigarettes, pipes, or other open flame within twenty-five
(25) feet of any location where fireworks are stored, kept, or offered
for sale.
5. No fireworks shall be discharged within six hundred (600) feet of
any church, hospital, or place where gasoline, petroleum products,
propane, or flammable gas or chemicals are sold or stored.
6. No fireworks shall be stored, kept, or sold within fifty (50) feet
of any gasoline pump, gasoline filling station, gasoline bulk station,
or any building or location in which gasoline, propane, or volatile
or flammable gases or chemicals are sold or stored in quantities in
excess of one (1) gallon. The provisions of this Subsection shall
not apply to stores where cleaners, paints, and oils are sold in the
original containers to consumers.
7. No fireworks shall be discharged within three hundred (300) feet
of any fireworks retail sales location.
8. No person shall expose fireworks in any window where the sun may
shine through glass on the fireworks displayed. It is unlawful to
expose fireworks to direct sunlight through glass to the merchandise
displayed, except where the fireworks are in the original package.
All fireworks which the public may examine shall be kept for sale
in original packages, except where an attendant is on duty at all
times where such fireworks are offered for sale. Fireworks shall be
kept in showcases out of the reach of the public when an attendant
is not on duty. One (1) or more signs reading "FIREWORKS — NO
SMOKING" shall be displayed at all places where fireworks are stored
or sold in letters not less than four (4) inches in height.
9. All fireworks shall be contained in their original packaging and
no loose fireworks or broken packages shall be displayed or sold.
10. No fireworks shall be stored in any residential area except for quantities
for personal or family use. If fireworks are being stored for resale,
such storage shall be exclusively in industrial or commercial zones
and the City shall be notified of and approve in advance each such
storage location.
11. Any stand, facility, or premises used for the retail sale of fireworks
shall be equipped with fire extinguishers as follows:
a. A minimum of two (2) operable fire extinguishers with at least one
(1) pressurized type, unless the location is less than two hundred
(200) square feet in which case a minimum of one (1) fire extinguisher
is required.
b. The maximum travel distance to an extinguisher will be thirty-five
(35) feet.
c. All extinguishers must be mounted in accessible locations.
12. Retail location requirement are as follows:
a. If a tent is used, then licensee must have a certificate or other
evidence verifying tent fabric as fire retardant treated.
b. There shall be no hay, straw, or other shavings in the retail fireworks
location unless such material has been flame retardant treated (proof
of treatment required upon request).
c. At least a thirty (30) feet area around the retail location shall
be clear of dry grass, brush, and combustible debris. Green grass
acceptable such material has been flame retardant treated (proof of
treatment required upon request).
d. There shall be no parking within ten (10) feet of the sales location.
e. No storage trailer shall be located within ten (10) feet of the sales
location.
f. The sales location must be twenty (20) feet from other buildings,
other sales locations, cooking equipment and generators.
g. There must be at least one (1) sign at each entrance with four (4)
inch letters "NO FIREWORKS DISCHARGED WITHIN 300 FEET."
h. There must be a minimum of two (2) remote means of egress free of
obstructions.
i. Minimum clear isle width of thirty-six (36) inches.
j. Tent exit opening not less than forty-four (44) inches clear width.
k. No fireworks stored within two (2) feet of any exit or entrance.
l. Exit signs to be self-luminous or illuminated in stands that are
open for business after dusk.
m. Emergency lighting required if sales area is eight hundred (800)
square feet or more.
n. Electrical system and equipment isolated from the public. All electrical
wiring and equipment UL approved, installed and maintained to prevent
electrical hazards. Subject to City electrical inspection.
o. Electronic pest control devices prohibited inside sales locations.
p. Alcoholic beverages prohibited during business hours.
q. Proximate and display fireworks not allowed to be sold.
r. The permit for sales of fireworks may be pulled at any time by the
City Fire or Police Department.
13.
It shall be unlawful to buy, sell, barter, exchange, trade, offer for sale, distribute, give away, possess, ignite, discharge, light, fly, release into the atmosphere, otherwise use, discharge, launch, or bring into the City, "aerial luminaries," as defined in Section
210.195.
[Ord. No. 2016-01 §1, 1-11-2016]
G. Storage And Discharge Restrictions.
1. No fireworks shall be discharged within three hundred (300) feet
of any fireworks retail sales location.
2. No person shall ignite or discharge any fireworks within or throw
the same from a motor vehicle, nor shall any person place or throw
any ignited article of fireworks into or at such a motor vehicle,
or at or near any person or group of people.
3. No fireworks shall be stored in any residential area except for quantities
for personal or family use. If fireworks are being stored for resale,
such storage shall be exclusively in industrial or commercial zones
and the City shall be notified of and City Fire Department will approve
in advance each such storage location.
4. It shall be unlawful for any person to throw or place any 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.
H. Penalty Provisions.
1. Fine and imprisonment. Any person who violates
any of the provisions of this Section shall be deemed guilty of a
violation of an ordinance and upon conviction thereof shall be punished
by a fine of not more than two hundred dollars ($200.00), or by imprisonment
for not more than six (6) months, or by both such fine and imprisonment.
2. Forfeiture of license and permit. Violation of
the provisions of this Section in addition to a fine or imprisonment
shall cause an immediate and automatic revocation of all licenses
or permits issued pursuant to this Section.
3. Seizure of fireworks. Enforcement officials may
seize, take, remove or cause to be removed and disposed of at the
expense of the owner all stocks of fireworks offered or exposed for
display or sale, stored or held or possessed in violation of this
Section.