[R.O. 2016 § 210.530; Ord. No. 1069-14 § 1, 3-11-2014]
A. For the purposes of this Article, the following
terms shall be deemed to have the meanings indicated below:
CONSUMER 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, UN0336, 1.4G within
49 CFR Part 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 Part 171 et seq., United
States Department of Transportation hazardous materials regulations.
B. Nothing in this Article
XIV shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as applying to the military or naval forces of the United States or of this State or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical or athletic events, nor as applying to the transportation, sale or use of fireworks solely for agricultural purposes, provided that the items sold for agricultural purposes shall be limited to those items that are legal for retail sale and use within the State of Missouri.
C. Matches, toy pistols, toy canes, toy guns, party poppers or other devices in which paper caps containing twenty-five hundredths (0.25) grains or less of explosive compound, provided that they are so constructed that the hand cannot come into contact with the cap when in place for use, and toy pistol paper caps which contain less than twenty-five hundredths (0.25) grains of explosive mixture shall be permitted for sale and use at all times and shall not be regulated by the provisions of this Article
XIV.
D. Retail sellers and those operating commercial fireworks displays
for which a State of Missouri license is required shall obtain a Fire
Prevention Permit in a form provided by the Director of Community
Development or his/her designee.
[Ord. No. 1250-18, 5-22-2018]
E. Retail sellers and those operating commercial fireworks displays
shall provide a copy of general liability insurance in the amount
of five hundred thousand dollars ($500,000.00) upon applying for a
Fire Prevention Permit.
[Ord. No. 1250-18, 5-22-2018]
[R.O. 2016 § 210.540; Ord. No. 1069-14 § 1, 3-11-2014]
A. License Granted. Upon meeting the City's
requirements for a business license and upon receipt of a permit from
the State of Missouri, a temporary business license will be issued
to applicants for the sale of consumer fireworks at specified times
of the year and locations for the sale of consumer fireworks to the
public; provided, however, that no license shall be granted for the
sale of fireworks on either Main Street between Community Drive and
Crane Street or in any area not zoned for commercial use.
B. Restrictions On Items For Sale.
1.
No fireworks as defined in Section
210.2210 may be sold at retail within the City limits of the City of Park Hills except as specifically provided for in Subsection
(B)(2) below.
2.
Consumer fireworks as defined in Section
210.2210 may be sold at retail by holders of a seasonal retail permit during the selling periods of the 20th day of June through the 10th day of July and the 20th day of December through the second day of January.
C. Restrictions For Retail Sale Of Fireworks.
1.
It shall be unlawful to expose fireworks
to direct sunlight through glass to the merchandise displayed, except
where the fireworks are in the original package. All fireworks that
the public may examine shall be kept for sale in original packages,
except where an attendant is on duty at all times where 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.
2.
Fireworks shall not be stored, kept
or sold within fifty (50) feet of any motor vehicle fuel dispensing
station dispenser, retail propane dispensing station dispenser, compressed
natural gas dispensing station dispenser, gasoline or propane bulk
station or any building in which gasoline or volatile liquids are
sold 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.
3.
It shall be unlawful to permit the
presence of lighted cigars, cigarettes, pipes or any other open flame
within twenty-five (25) feet of where fireworks are manufactured,
stored, kept or offered for sale.
4.
Fireworks shall not be stored, kept
or sold within one hundred (100) feet of any dispensing unit for ignitable
liquids or gases.
5.
In the City of Park Hills, two (2)
approved fire extinguishers shall be provided and kept in close proximity
to the stock of fireworks in all buildings where fireworks are sold.
Small stands, temporarily erected to be used as a place for storing
and selling fireworks only, shall have fire extinguishers as required
for buildings or, in lieu of the fire extinguisher, may have a barrel
of water and two (2) buckets available in close proximity to the stand
for use as fire-extinguishing equipment.
6.
It shall be unlawful for any person
under the age of sixteen (16) to sell fireworks or work in a facility
where fireworks are stored, sold or offered for sale unless supervised
by an adult.
7.
No items of explosive or pyrotechnic
composition other than consumer fireworks, as defined herein, shall
be displayed, sold or offered for sale within the applicable permit
location as identified on such permit granted by the State Fire Marshal.
8.
All storage and transportation of
fireworks shall be in accordance with all Federal and State rules
and regulations.
D. Penalty. Any violation of this Section
shall be punishable by a fine of up to five hundred dollars ($500.00)
per day for such sale.
[R.O. 2016 § 210.550; Ord. No. 1069-14 § 1, 3-11-2014]
A. Except as otherwise provided for in this
Section, it is unlawful to explode or ignite fireworks within the
City limits of Park Hills.
B. Subject to the provisions set forth in Subsections
(C),
(D),
(E) and
(F) of this Section, consumer fireworks, except for sky lanterns, may be set off within the City limits of Park Hills from June 27 through July 7 between the hours of 10:00 A.M. and 10:00 P.M., except for July 4th on which the permissible hours will be between the hours of 10:00 A.M. and 12:00 A.M.; and between 11:30 P.M. on December 31 and 12:30 A.M. on January 1; provided, however, that consumer fireworks shall not be set off within the City limits of Park Hills during any period where the Missouri Department of Natural Resources has issued a burning ban applicable to the area or the Fire Chief under the provisions of Section
210.2290(B)(2) of this Code has issued a burning ban applicable to the area.
[Ord. No. 1450-22, 1-11-2022]
C. Consumer fireworks may be set off only
upon private property. No one is to set off or cause any consumer
fireworks to be set off upon any public property or upon the private
property of someone else, without obtaining his or her permission
to do so.
D. No person shall ignite or discharge any
consumer fireworks within or throw the same from a motorized vehicle,
including watercraft (except where a display permit has been issued
for a floating vessel or floating platform), or any other means of
transportation, nor shall any person place or throw any ignited article
of fireworks into or at a motorized vehicle, including watercraft,
or any other means of transportation or at or near any person or group
of people.
E. It is unlawful to explode or ignite consumer
fireworks within six hundred (600) feet of any church, hospital, mental
health facility or school or within one hundred (100) feet of any
location where fireworks are stored, sold or offered for sale.
F. No person shall ignite or discharge consumer
fireworks within three hundred (300) feet of any permanent storage
of ignitable liquid, gases, gasoline pump, gasoline filling station
or any non-permanent structure where fireworks are stored, sold or
offered for sale.
G. Any violation of this Section shall be
punishable by a fine of not more than five hundred dollars ($500.00)
and/or no more than three (3) months in the City Jail. If the person
in violation of this Section is a minor, then that minor shall be
reported to the proper juvenile authorities and the minor's parents/guardians
will be notified. If the minor is found in violation for a second
time, again he or she will be reported to the proper juvenile authorities
and his or her parents/guardians will be issued a ticket, which will
carry a fine and penalty not in excess of five hundred dollars ($500.00)
and/or no more than three (3) months in the City Jail.