As used in this Article, the following words shall have the
meanings set out herein:
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.
Includes 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 includes blank cartridges,
toy pistols, toy cannons, toy canes or toy guns in which explosives
are used, the type of balloons which require fire underneath to propel
the same, firecrackers, torpedoes, skyrockets, Roman candles, Dago
bombs, sparklers or other fireworks of like construction and any fireworks
containing any explosive or flammable compound or any tablets or other
device containing any explosive substance. The term "fireworks" shall not include toy pistols, toy canes, toy guns or other devices
in which paper caps containing twenty-five hundredths (0.25) grains
or less of explosive compound are used, providing they are so constructed
that the hand cannot come in 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, the sale and use of
which shall be permitted at all times. Nothing in this Section 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, nor applying to the military
or navy 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 or agricultural purposes.
It shall be unlawful for any person, firm or corporation to
sell, possess or discharge any fireworks that are not classified and
approved as consumer fireworks as defined by this Article. It shall
also be unlawful for any person, firm or corporation to sell, possess
or discharge any fireworks of the type commonly called "bottle rockets".
A.
No
person shall ignite or discharge any permissible articles of 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 a motor
vehicle or at or near any person or group of people.
B.
It
shall be unlawful to explode or ignite fireworks within six hundred
(600) feet of any church, public school or within one hundred (100)
feet of where fireworks are sold, stored or offered for sale except
for discharge by special permit as hereinafter referred to.
C.
It
shall be unlawful to permit the presence of lighted cigars, cigarettes,
pipes or any other open flame within ten (10) feet of where fireworks
are offered for sale.
D.
It
shall be 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.
E.
It
shall be unlawful for fireworks to be stored, kept, sold, exploded
or ignited within fifty (50) feet of any gasoline pump, gasoline filling
station, gasoline 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 Section shall not apply to stores where cleaners,
paints and oils are sold in the original containers to consumers.
F.
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 which 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.
A.
Any
person, firm or corporation may offer for sale "consumer fireworks" as defined by this Article within the City limits of Weston, Missouri,
and such fireworks may be used, detonated or exploded only from the
twenty-seventh (27th) day of June through the fourth (4th) day of
July of any year. Any person, firm or corporation may offer for sale
consumer fireworks only after obtaining an occupational license issued
by the Board of Aldermen meeting in public session authorizing the
sale. The conditions for issuance of the occupational license shall
be as follows:
1.
Furnishing a certificate of insurance in the minimum amount of two
million dollars ($2,000,000.00) for the payment of all damages which
may be caused either to a person or persons or to property by reason
of damages which may be caused by the fireworks offered for sale or
the acts of the license holder, his/her agents and employees and naming
the City of Weston and the owner of the property where sales are to
take place as additional insureds.
2.
A showing that the provisions of Missouri State law, including licensing,
have been complied with fully and completely.
3.
An affirmative vote in favor of the issuance of the occupational
license by a majority of the members of the Board of Aldermen of the
City of Weston, Missouri. A vote against the issuance of the license
may be made for any reason and no Alderman shall be obligated to give
reasons for said negative vote.
4.
Payment to the City Clerk for the occupational license fee of twenty-five
dollars ($25.00) for each sale location shall be paid for any such
license issued.
It shall be unlawful for any person, firm or corporation to
sell, possess or discharge any fireworks on any City property, including
the City parks.
Any Police Officer of the City is hereby authorized to confiscate
and destroy any fireworks being sold, offered for sale, used, ignited,
detonated or discharged in violation of this Article.
The Board of Aldermen may permit supervised public displays
of fireworks which are otherwise in violation of this Article so long
as the supervised public display of fireworks is not in violation
of State or Federal laws. Every use or display shall be handled by
a competent operator, sponsored by a civic organization and shall
be of such character and so located, discharged or fired so as not
to be hazardous to property or to endanger any person. No permit granted
hereunder shall be transferable. Every permittee shall furnish a bond
or certificate of insurance in an amount deemed adequate by the Board
of Aldermen for the payment of all damages which may be caused either
to a person or persons or to property by reason of the permitted display
and arising from any acts of the permittee, their agents, employees
or subcontractor. Any fireworks that remain unfired after this display
is concluded shall be immediately disposed of in a way safe for the
particular type of fireworks remaining.
