A person commits the offense of unlawful use of fireworks if
he/she knowingly uses fireworks in violation of any one (1) or more
of the conditions identified in this Section above.
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If deemed necessary by the Chief of the Fire Department, fireworks
displays under this Section may require Fire Department staff standby
and inspections pursuant to Section 320.126.4, RSMo. Costs incurred
by the City for staff or performing inspections may be billed to the
persons or entities responsible for organizing the fireworks display.
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The Chief of the Fire Department shall issue such permit only
upon being satisfied that the display is being made by responsible
persons and that the fireworks will be kept, maintained and fired
in a safe and prudent manner. The Chief of the Fire Department may
require such changes in the plans as may reasonably appear to be necessary
to insure adequate protection of persons and property.
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The City Clerk shall suspend the
permit of any seasonal retailer of consumer fireworks who he/she has
reasonable cause to believe has or is violating any of the provisions
of Chapter 3 of Division 40 of Title 11 of the Code of State Regulations
or of this Section. The permittee shall be notified of any suspension
and of the basis therefor in writing to be personally delivered by
a Law Enforcement Officer of the City of Bolivar or County of Polk
to the permittee or to any partner, member, director or officer of
a permittee or mailed certified, return receipt requested, postage
fully prepaid, to the address shown in the application of the permittee.
Any suspension may be appealed within ten (10) days of the date of
service or mailing by written appeal delivered or mailed to the City
Clerk. If no appeal is made, the suspension shall become a revocation.
If the suspension is appealed, an appeal hearing shall be held before
the Fire Committee of the Board of Aldermen within five (5) business
days following the receipt of such appeal. The City Clerk, represented
by the City Attorney, shall present evidence that the permittee has
or is violating any of the provisions of 11 CSR 40-3 or of this Section
and the permittee shall be permitted to present evidence that no such
violation has occurred or is occurring. If the Fire Committee finds
by a preponderance of the evidence in favor of the action of the City
Clerk, it shall affirm the suspension of the permit and either establish
a date certain for an expiration of the suspension (which may be immediate)
or shall order the license revoked. Such decision shall be based upon
the Committee findings as to the materiality of the violation and
its effect or potential effect on the safety, health and welfare of
the residents and visitors to the City of Bolivar or its effect or
potential effect on the City. No permittee whose permit is revoked
shall be eligible for a permit for the seasonal sale of consumer fireworks
within the City limits of the City of Bolivar for a period of three
(3) years following the year of revocation.
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