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. |
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. |
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. |
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. |