The City of Cottleville hereby finds and determines that it
is in furtherance of the peace, comfort, safety, health and general
welfare of the inhabitants of the City of Cottleville that the City
adopt restrictions on the use and discharge of fireworks within the
City in order to maintain public peace and minimize the risk of injury
as well as actual injury to persons and property within the corporate
limits of the City of Cottleville.
For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
COMMON FIREWORKS
Explosive devices designed primarily to produce visible or
audible effects by combustion and includes aerial devices and ground
devices, all of which are classified as fireworks, UNO336, 1.4G by
regulation of the United States Department of Transportation, as amended
from time to time, and which were formerly classified as class C common
fireworks by regulation of the United States Department of Transportation.
DISCHARGE
The act of setting off, using, burning, exploding or firing
off of any common or special fireworks.
FIREWORKS SEASON
The period beginning on the 20th day of June and continuing
through the fifth day of July of the same year. Notwithstanding the
foregoing, should the fourth day of July in any given year fall on
a Thursday or Friday, then the fireworks season for that same year
shall be the period beginning on the 20th day of June and continuing
through the first Saturday after the fourth day of July of the same
year at 11:00 P.M.
PERMIT
The written authority of the City issued under the authority
of this Article.
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, co-partnership or one (1) or more individuals.
SPECIAL 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 Class B explosives by regulation of
the United States Department of Transportation.
It shall be unlawful for any person to sell, offer for sale
or store any common or special fireworks, any firecrackers, torpedoes,
bombs, rockets, pinwheels, fire balloons, Roman candles, toy cannons,
sparklers, snakes or any other fireworks of a like kind within the
City; provided, that this Section shall not apply to the sale of common
fireworks pursuant to permit issued by the City during the fireworks
season or to the storage of common or special fireworks by any person
holding a permit for public displays as provided in this Article.
Where any provision of Federal, State, County or City Statutes,
codes or laws conflicts with any provision of this Article, the most
restrictive shall govern unless otherwise required by law.