[CC 1988 §62.010; Ord. No. 785 §1, 1-6-1992; Ord.
No. 3880, 8-6-2018]
A.
FIREWORKS
PERSON
Definitions.
As used in this Section, the following terms shall have these prescribed
meanings:
The term "fireworks," as used in this Section,
means any composition or device, containing any combustible or explosive
substance, which is used for, designed for, sold for, marketed for
or displayed for its visible or audible effect by combustion, explosion,
sparks emission, deflagration or detonation and included both common
fireworks as defined in 49 C.F.R. § 173.108; special fireworks
as defined in 49 C.F.R. § 173.91; ground and hand-held sparkling
devices, items commonly known as dipped sticks, sparklers, cylindrical
fountains, cone fountains, illuminating torches, wheels, ground spinners,
flitter sparklers, helicopters, aerials, spinners, Roman candles,
mines shells, blank cartridges, toy pistols, toy canons, toy canes,
toy guns in which explosives are used, the type of rockets which require
fire underneath to propel them, firecrackers, torpedoes, salutes,
chasers, skyrockets, missile-type rockets and pipe bombs. Notwithstanding
the foregoing, the term "fireworks" shall not include
toy pistols, toy canes, toy guns, unlit auto flares, auto flares used
around a temporarily disabled vehicle in a public area, or other devices
in which there are paper caps containing twenty-five hundredths (0.25)
of a grain or less of explosive substance.
Any corporation, association, partnership, legal entity or
individual (whether a minor or an adult) or group of persons.
B.
Findings.
The Board of Aldermen finds that fireworks can be harmful to the public
health and safety. In an effort to reconcile this with the manner
in which many residents choose to demonstrate their patriotism and
to celebrate the birth of this nation the following guidelines for
the use of fireworks has been decided upon.
C.
Sales Of Fireworks. It shall be unlawful for any person to construct a retail display or to sell, offer for sale, or possess for the purpose of sale, any fireworks within the City. This Section does not apply to the storage of special fireworks by any person holding a permit for public displays as provided in Subsection (L) of this Section.
D.
Discharge
Of Fireworks Prohibited (Exception):
1.
Except as provided in Subsection (D)(2), 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 or originally manufactured with 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 authorized public demonstrations or displays of fireworks. Said public demonstrations or displays of fireworks shall have an approved special events permit and valid permit from the appropriate fire protection district of venue.
2.
It shall be lawful for any person seventeen (17) years of age or
older and for minors under the age of seventeen (17) provided such
minor is under constant adult supervision to set off, use, burn, explode
or fire off fireworks that do not contain or originally manufactured
with a stick or fin, firecrackers, fireworks, torpedoes, bombs, pin
wheels, fire balloons, Roman candles, toy cannons, toy pistols or
other fireworks of a like kind within the municipal boundaries of
the City only between the hours of 12:00 p.m. and 10:30 p.m. on July
3 and July 4 of each and every calendar year. It shall be unlawful
for any person or entity to sell, transfer, use, discharge, ignite,
light, market, display or possess any rocket, missile or aerial firework
that contains or was originally manufactured with a stick or fin.
E.
Enforcement.
Police Officers are to enforce this Section strictly. Any person found
to be in possession of, setting off, using, burning, exploding or
firing off, any fireworks in violation of this Section may have such
items confiscated by Police Officers.
F.
Adults Prohibited From Allowing Minors To Violate Fireworks Prohibition. No person or entity shall permit or allow a minor under the age of seventeen (17) years to possess, store, expose, use, explode, discharge, set off, or burn fireworks of any kind or description within the limits of the City of Lake Saint Louis unless constant adult/parental supervision is present and only during the designated hours of July 3 and 4 as set forth in subsection (D)(2) above. Should a person under the age of seventeen (17), discharge, set off, or burn fireworks of any kind or description the parent who failed to exert parental control shall be held responsible and may receive a summons for violating this Subsection of this Section.
G.
Prohibited
Locations Of Use. 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
or were originally manufactured with a stick or fin, on any property
owned by the City including any streets and cul-de-sacs or any park
within the City at any time, including the hours of 12:00 p.m. and
10:30 p.m. on July 3 and 4 without an approved special events permit
and valid permit from the appropriate Fire Protection District of
venue or a permit issued by the Chief of Police, or their designee.
It shall be unlawful to discharge fireworks while a vehicle is passing
by or at any vehicle in motion or parked.
[Ord. No. 4115, 5-18-2020]
H.
Red
Flag Warning. A red flag warning, which is also known as a fire weather
warning, is a forecast warning issued by the United States National
Weather Service to inform area firefighting and land management agencies
that conditions are ideal for wildfire combustion, and rapid spread.
After drought conditions, when humidity is very low, and especially
when high or erratic winds which may include lightning are a factor,
the red flag warning becomes a critical statement for firefighting
agencies. Notwithstanding other provisions of this Section that permit
the limited discharge of fireworks during limited hours on July 4,
a fireworks ban may be declared upon the consensus of the Mayor, the
Police Department and the Fire District based on a red flag warning.
I.
Responsibility
Of Property Owner Or Agent. It shall be unlawful for the owner, agent,
or other qualified person to use, allow for use, consent to, or provide
property within the limits of the City of Lake Saint Louis for the
unauthorized discharge of fireworks or other violation of the provision
of this Section.
J.
Confiscation
Of Fireworks. The Lake Saint Louis Police Department is hereby authorized
to confiscate fireworks from the possession of any person who is engaged
in violation of this Section.
K.
Disposition
Of Confiscated Fireworks. Fireworks confiscated under this Section
will be photographed for evidentiary purposes and destroyed.
L.
Exceptions.
The prohibitions of this Section shall not apply to authorized public
demonstrations or authorized displays of fireworks. Said public demonstrations
or displays of fireworks shall have an approved special events permit
and valid permit from the appropriate fire protection district of
venue and approval by a licensed pyrotechnic in accordance with all
rules and regulations or other laws of the City of Lake Saint Louis,
State of Missouri, or other regulatory authority.
M.
Education.
Lake Saint Louis social media sites or other media outlets may be
used to distribute fireworks safety information. Outlined should be
general fireworks safety principles. Information will be provided
to educate the public as to the dates and times in which it will be
legal to use and discharge fireworks within the City of Lake Saint
Louis.
N.
Penalties.
1.
Unless there are extenuating circumstances identified by the Police
Officer issuing a summons for a first offense violation of this Section
that would warrant an appearance in Municipal Court, any person or
entity which receives a summons for a first offense of this Section
may plead guilty to such offense and pay a fine of one hundred dollars
($100.00) plus applicable court costs without the requirement of a
court appearance, or such person or entity may appear in Court to
challenge the alleged violation. Any person or entity charged with
a second or subsequent violation of this Section or any Subsection
thereof within a twelve (12) month period shall be required to appear
in Court in response to such summons.
2.
Any person or entity which violates the provisions of this Section
or any Subsection thereof for the first time within a twelve (12)
month period shall be guilty of an offense and upon conviction thereof
in Court shall be punished by a fine of not less than one hundred
dollars ($100.00) nor more than five hundred dollars ($500.00) for
each violation or by imprisonment for not less than five (5) days
nor more than ninety (90) days in jail for each violation, or both
such fine and imprisonment.
3.
If a person or entity is convicted of a second or subsequent violation
of the provisions of this Section or any Subsection thereof within
a twelve (12) month period, such person or entity shall be punished
by a fine of not less than three hundred dollars ($300.00) nor more
than five hundred dollars ($500.00) for each violation or by imprisonment
for not less than ten (10) days nor more than ninety (90) days in
jail for each violation, or both such fine and imprisonment.
[CC 1988 §62.300; Ord.
No. 4076, 2-3-2020[1]]
Open fires, burning of any materials or open burning of land
cleared debris shall be in compliance with the ordinances and regulations
set forth by the appropriate Fire Protection District of jurisdiction
and the Missouri Department of Natural Resources. It shall be unlawful
for any person(s) to set open fires or burn any materials, including
but not limited to those associated with land cleared debris, in a
way which is contrary to the lawfully promulgated requirements of
the Fire Protection District of jurisdiction or the Missouri Department
of Natural Resources.
[1]
Editor's Note: Ord. No. 4076 additionally repealed former
Sections 205.030, Open Burning Permitted — Restrictions and
205.040, Burning Permit Fees, which immediately followed.
