[CC 1986 § 66.010]
As used in this Article, the following terms shall have the
meanings indicated:
Explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation. This term
includes devices containing more than two (2) grains [one hundred
thirty (130) mg] of explosive composition intended for public display.
These devices are classified as fireworks, UN0333 or UN0334 or UNO335,
within 49 CFR 172.
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 171 to end, United States
Department of Transportation hazardous materials regulations.
[CC 1986 § 66.020]
It shall be lawful for any person, firm or corporation to store,
sell or offer for sale fireworks of any type within the City limits;
provided, however, notwithstanding any ordinance or fire code provision
to the contrary, sale of fireworks shall be permitted by local, non-profit,
religious or community service organizations within the City limits
for a period from June 25 to July 10. Fireworks shall not be sold
or kept for sale in a place of business where paint, oils, varnishes,
turpentine or gasoline or other flammable substances are kept in unbroken
containers, unless kept in a separate and distinct section or department
of the said place of business. Two (2) two and one-half (2 1/2)
pound fire extinguishers shall be provided and kept in close proximity
to the stock of fireworks in all buildings and small stands temporarily
erected to be used as a place for storing and selling fireworks only.
[CC 1986 § 66.030]
A.
Any such person, firm or corporation making application for a permit
shall file a written request with the City Clerk not less than thirty
(30) days prior to the fourth day of July, accompanied by a fee of
fifteen dollars ($15.00) per location.
1.
All permits issued and approved are personal to the applicant
and non-transferable.
B.
The granting or denial of applications for permits shall be at the
sole discretion of the City Clerk, and all applications shall contain
the name of applicant, in addition to a detailed description of the
location of sale site or sites, type of structure from which sales
are to be made, provisions for fire protection and provided further
that the location of each sale site shall be only on property which
is zoned for commercial or industrial use and shall be at least one
hundred (100) feet from any temporary or permanent building.
[CC 1986 § 66.040]
Provided, further, notwithstanding any ordinance or fire code
provision to the contrary, it shall be unlawful for any person to
possess, throw, use, explode, detonate or shoot, within the City limits,
bottle rockets, rockets of all types and sizes and any and all fireworks
with an aerial trajectory having a cylinder or cartridge holding a
propellant charge, which cylinder or cartridge is not intended to
be completely consumed before landing.
[CC 1986 § 66.050]
A.
It shall be unlawful for any person to throw or place any fireworks,
including pyrotechnic devices, in such manner that the explosion of
same will be likely to endanger or cause injury or damage to any person
or property.
1.
Use of fireworks is not permitted within the business district at any time. As used here, the term "business district" means that area zoned "BD-General Business District" under Chapter 405 of this Code.
2.
Shall not be discharged before 7:00 A.M. or later than 11:00
P.M. central daylight savings time. Can be discharged June 30 through
July 9.
[Ord. No. 500, 5-3-2006]
[CC 1986 § 66.060]
Throwing fireworks at or from moving vehicles is prohibited.
[Ord. No. 342, 8-6-1987]
Any fireworks unlawfully stored, sold or used by any person,
firm or corporation shall be confiscated by the Chief of Police or
his/her authorized representative and disposed of by said officer
in any manner not inconsistent with law. Any costs for the storage
or disposition of said fireworks shall be at the cost and expense
of the party unlawfully possessing, storing, selling or using same.
In the event any income is received from the disposition of said illegal
fireworks; any such proceeds shall first be applied to the cost and
charges relating to the confiscating, storage, and sale thereof, and
any proceeds remaining shall be forfeited to the City of Edgerton,
Missouri, and applied to the general fund.
