[Ord. No. 264, 11-9-2010; Ord. No. 336, 6-13-2017]
A. Except as provided in Subsection
(B), it shall be unlawful for any person to willfully set off, use, burn, explode or fire off any firecrackers, fireworks, torpedoes, bombs, rockets, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols, rocket, missile or aerial firework containing a stick or fin or other fireworks of a like kind within the municipal boundaries of the City; provided, however, that this Section shall not apply to parks or other public places when in the charge of competent persons and under a permit issued by the City.
B. It shall be lawful for any person to set off, use, burn, explode
or fire off non-rocket, non-missile or aerial fireworks that do not
contain a stick or fin, firecrackers, fireworks, torpedoes, bombs,
rockets, pin wheels, fire balloons, Roman candles, toy cannons, toy
pistols or other fireworks of a like kind within the municipal boundaries
of the City between the hours of 10:00 A.M. and 10:00 P.M. on July
3 through July 10 of each and every calendar year.
C. It shall be unlawful for any person under the age of eighteen (18)
to purchase, possess, set off, use, burn, explode or fire off any
fireworks, including, but in no way limited to, non-rocket, non-missile
or aerial fireworks that do not contain a stick or fin within the
municipal boundaries of the City without adult supervision.
D. Notwithstanding any other provision of this Section, it shall be
unlawful for any person to willfully set off, use, burn, explode or
fire off any fireworks, including, but in no way limited to, non-rocket,
non-missile or aerial fireworks that do not contain a stick or fin,
on any property owned by the City or any park within the City at any
time, including between the hours of 10:00 A.M. and 10:00 P.M. on
July 3 through July 10 without a valid permit issued by the City.
[Ord. No. 264, 11-9-2010; Ord. No. 336, 6-13-2017]
A. Licenses. It shall be unlawful for any person to sell, offer to sell
or expose for sale any fireworks of any type whatsoever within the
City without first obtaining a temporary business license from the
City. The Board of Aldermen of the City of Leadington may, upon a
majority vote, issue a temporary business license to applicants for
seasonal sale of fireworks at specified times of the year and locations
for the sale of fireworks to the public. The fee for this temporary
license shall be twenty-five dollars ($25.00) when the applicant provides
a copy of the State Fire Marshall permit. The Board of Aldermen of
the City of Leadington may, upon a majority vote, issue a business
license to applicants for distribution and sale of fireworks for the
entire calendar year at specified locations. The fee for this license
shall be fifty dollars ($50.00), provided that the applicant provides
a copy of the State Fire Marshall permit. No license shall be granted
for the distribution and sale of fireworks for the calendar year unless
the applicant operates out of a permanent structure in compliance
with all applicable building and fire regulations in the City of Leadington.
B. Restrictions On Sale Of Fireworks. Seasonal retails shall be prohibited
except between June 20 through July 10 on each calendar year.
C. Fireworks shall be kept, sold and distributed by licensees only in
accordance with state regulations as prescribed in Section 320.106
et seq., RSMo., which regulations are incorporated by reference as
if fully set forth herein. In the event of any inconsistency or conflict
between any provision of this Chapter and State regulation, the state
regulations shall prevail.
D. 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 nonpermanent structure
where fireworks are stored, sold or offered for sale or within one
hundred (100) feet of a permanent structure.
E. The discharge of any fireworks upon any public property is prohibited.
The discharge of any fireworks upon private property without the owner's
consent is prohibited in the City of Leadington.
[Ord. No. 264, 11-9-2010; Ord. No. 336, 6-13-2017]
A. Fireworks shall not be sold or kept for sale in a place of business
where paints, oils, varnishes, turpentine or gasoline, or other flammable
substances are kept in unbroken containers, unless in a separate and
distinct section or department of the store.
B. 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 the building.
C. All retailers are forbidden to expose fireworks where the sun shines
through glass on their merchandise displayed, except where the fireworks
are in the original package, and all fireworks kept for sale on front
counters must remain in original packages, except where an attendant
is on constant duty at all times at counters where the fireworks are
on display.
D. Fireworks in open stock may be kept in show cases or counters out
of the reach of the public without an attendant being on duty. Signs
reading "FIREWORKS FOR SALE - NO SMOKING ALLOWED" shall be displayed
in the section of the store set aside for the sale of fireworks.
E. Fireworks shall not be stored, kept or sold within fifty (50) feet
of any gasoline pump, gasoline filling station, gasoline bulk station,
retail propane dispensing station, compressed natural gas dispensing
station, gasoline or propane bulk station, or any building in which
gasoline or volatile liquids are sold in quantities in excess of one
(1) gallon.
[Ord. No. 264, 11-9-2010; Ord. No. 336, 6-13-2017]
Any person who violates any portion of this Chapter shall be deemed guilty of an ordinance violation and shall be punished as set out in Section
100.220 of this Code.