Editor's Note: As to fireworks, personal use, offenses, Section
210.560.
[Ord. No. 6193, 5-4-2020]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given to them in
this Section. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number and words in the singular number, the plural number.
Include but are not limited to the following:
AUTO BURGLAR ALARM. Tube which contains pyrotechnic composition
that produces a loud whistle or smoke when ignited. A small quantity
of explosive, not exceeding fifty (50) mg, may also be used to ignite
the device.
BOOBY TRAP. Small tube with string protruding from both ends,
similar to a party popper in design. The ends of the string are pulled
to ignite the friction sensitive composition, producing a small report.
BOTTLE ROCKET. Device similar to a skyrocket in design, but
smaller with a cylindrical tube containing not less than three and
one-half (3.5) grams nor more than twenty (20) grams of chemical composition.
A wooden stick is attached for guidance and stability. Rockets rise
into the air upon ignition. A burst of color and/or sound may be produced
at the height of flight.
CIGARETTE LOAD. Small wooden peg that has been coated with a
small quantity of explosive composition. Upon ignition of a cigarette
containing one (1) of the pegs, a small report is produced.
CONE FOUNTAIN. Cardboard or heavy paper cone containing up to
fifty (50) grams of pyrotechnic composition. The effect is the same
as that of a cylindrical fountain.
CYLINDRICAL FOUNTAIN. Cylindrical tube not exceeding three-fourths
(3/4) inch in inside diameter containing up to seventy-five (75) grams
of pyrotechnic composition. Fountains produce a shower of color and
sparks upon ignition, and sometimes a whistling effect. Cylindrical
fountains may contain a spike to be inserted in the ground (spike
fountain), a wooden or plastic base to be placed on the ground (base
fountain), or a wooden handle or cardboard handle for items designed
to be hand-held (handle fountain).
FLITTER SPARKLER. Narrow paper tube filled with pyrotechnic
composition that produces color and sparks upon ignition. These devices
do not use a fuse for ignition. The paper at one (1) end of the tube
is ignited to make the device function.
GROUND AUDIBLE DEVICES OR SALUTE FIRECRACKERS. Small paper-wrapped
or cardboard tube that may not contain more than fifty (50) mg of
pyrotechnic composition. Noise, accompanied by a flash of light, is
produced upon ignition.
GROUND SPINNER. Small device similar to wheels in design and
effect placed on the ground and ignited. A shower of sparks and color
is produced by the rapidly spinning device.
HELICOPTER, AERIAL SPINNER. A tube not exceeding one-half (½)
inch in inside diameter that may contain up to twenty (20) grams of
pyrotechnic composition. Some type of propeller or blade device is
attached, and upon ignition the rapidly spinning device lifts into
the air. A visible or audible effect is produced at the height of
flight.
ILLUMINATING TORCH. Cylindrical tube containing up to one hundred
(100) grams of pyrotechnic composition. Upon ignition, colored fire
is produced. These may be either spike, base, or handle-type devices.
MINE, SHELL. Heavy cardboard or paper tube up to two and one-half
(2½) inches in inside diameter with a wooden or plastic base
attached, containing up to forty (40) grams of pyrotechnic composition.
Upon ignition, stars, firecrackers, whistles, parachutes or a combination
of these effects are propelled into the air, with the tube remaining
on the ground.
MISSILE-TYPE ROCKET. Device similar to a skyrocket in size,
composition, and effect that uses fins rather than a stick for guidance
and stability.
PARTY POPPER. Small plastic or paper item containing not in
excess of sixteen (16) mg of explosive composition that is friction
sensitive. A string protruding from the device is pulled to ignite
it, expelling paper streamers and producing a small report.
ROMAN CANDLE. Heavy paper or cardboard tube not exceeding three-eighths
(3/8) inch in inside diameter that contains up to twenty (20) grams
of pyrotechnic composition. Upon ignition, up to ten (10) "stars"
(pellets of pressed pyrotechnic composition that burn with bright
color) are individually expelled at several-second intervals.
SKYROCKET. Skyrockets contain a wooden stick for guidance and
stability and rise into the air upon ignition. A burst of color or
noise, or both, is produced at the height of flight. Total charge
alone may not be less than three and one-half (3.5) grams nor more
than twenty (20) grams of chemical composition. Tube casing size may
not be less than one-half (½) inch for the outside diameter
and may not be less than three and one-half (3½) inches in
length. Overall rocket length, including the stick, may not be less
than fifteen (15) inches and the rocket stick must be securely fastened
to the casing.
SMOKE DEVICE. Tube or sphere containing pyrotechnic composition
that produces white or colored smoke upon ignition as the primary
effect.
SNAKE, GLOW WORM. Pressed pellet of pyrotechnic composition
that produces a large, snakelike ash upon burning. The ash expands
in length as the pellet burns. These devices may not contain mercuric
thiocyanate.
SNAPPER. Small, paper-wrapped item containing a minute quantity
of explosive composition coated on small bits of sand. When dropped,
the devices explode.
TRICK MATCH. Kitchen or book match that has been coated with
a small quantity of explosive or pyrotechnic composition. Upon ignition
of the match, a small report or a shower of sparks is produced.
WHEEL. Pyrotechnic device attached to a post or tree by means
of a nail or string. Wheel contains up to six (6) "driver" units—tubes
not exceeding one-half (½) inch in inside diameter that may
contain up to sixty (60) grams of composition per drive unit. Upon
ignition, the wheel revolves, producing a shower of color and sparks
and sometimes a whistling effect.
WIRE SPARKLER. Wire coated with pyrotechnic composition that
produces a shower of sparks upon ignition. These items may not contain
magnesium and must not exceed one hundred (100) grams of composition
per item. Devices containing any chlorate or perchlorate salts may
not exceed five (5) grams of composition per item.
WIRE SPARKLER, DIPPED STICK. Stick or wire coated with pyrotechnic
composition that produces a shower of sparks upon ignition. Total
pyrotechnic composition may not exceed one hundred (100) grams per
item. Those devices containing any chlorate or perchlorate salts are
not to exceed five (5) grams in total composition per item. Wire sparklers
which contain no magnesium and which contain less than one hundred
(100) grams of composition per item are not included in this category,
in accordance with the Regulations of the U.S. Department of Transportation.
COMBINATION ITEMS. Fireworks devices containing combinations
of two (2) or more of the effects described in the preceding categories.
A chemical or mixture of chemicals that produces an audible
effect by deflagration or detonation when ignited.
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.
A temporary structure used exclusively for the sale of fireworks
and related items.
[Ord. No. 6193, 5-4-2020]
No article of common fireworks shall be sold or offered for
sale at retail unless it shall comply with Section 320.106(2), RSMo.,
and shall be properly named to conform to the nomenclature in this
Section and unless its classification as common fireworks is certified
to by imprinting on the article or retail container "I.C.C. Class
C common consumer fireworks," such imprinting to be of sufficient
size and so positioned as to be readily recognized.
[Ord. No. 6193, 5-4-2020]
Each dealer in fireworks, at wholesale or retail, before selling
any article of fireworks, shall obtain from the City Collector a license
to sell fireworks for each location at which fireworks are to be offered
for sale. Each license shall bear the date of expiration on the face
thereof, shall designate the location for which it is granted, shall
not be transferable, and shall only be issued after inspection and
approval of the premises by the Fire Marshal. Each license for a permanent
wholesale or retail location shall be for a period of not more than
one (1) year. Each license for a temporary retail location shall be
for not more than two (2) months.
[Ord. No. 6193, 5-4-2020]
A.
No
permissible fireworks may be sold at retail without a retail license.
The license must be on display at the location where the retail sale
takes place.
B.
No
license shall be issued for any location where paints, oils or varnishes
are manufactured or kept for use or sale nor where rosin, turpentine,
gasoline or other similar inflammable substances or any substance
which may generate inflammable vapors is used, stored or offered for
sale or where the Fire Inspector shall determine that any condition
exists which makes the storage or sale of fireworks at such location
unusually hazardous.
C.
No
fireworks shall be stored, kept or sold within one hundred (100) 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.
D.
Each
licensee shall keep and maintain at least two (2), five (5) pounds
each, A.B.C. dry chemical fire extinguishers with a 2-A rating or
over, mounted in plain view, per location.
E.
The
smoking or carrying of a lighted pipe, cigar, cigarette or tobacco
in any form is prohibited in all places where fireworks are sold or
displayed within fifty (50) feet thereof.
F.
No
fireworks shall be sold within five hundred (500) feet of any hospital
building.
G.
No
fireworks shall be sold within fifty feet (50) feet of any public
right-of-way.
H.
No
fireworks shall be sold on the real property of any church or school
unless such person shall first obtain the consent, in writing, of
the Board of Directors of the school or the consent in writing of
the majority of the managing board of the church or place of worship.
I.
It
shall be unlawful to offer for sale or to sell any fireworks to any
intoxicated or irresponsible person.
J.
No
person shall expose fireworks in any location where the sun may shine
through glass on the fireworks displayed.
K.
No
person shall sell any fireworks at or on property of another without
first obtaining written consent of the owner, lessee or occupant of
such property.
L.
No
fireworks shall be sold other than at a licensed fireworks stand.
No fireworks stand shall be located within twenty-five (25) feet of
any building of masonry construction or within fifty (50) feet of
any building not of masonry construction.
M.
It
shall be unlawful for any individual under seventeen (17) years of
age to purchase or attempt to purchase any of the fireworks described
in this Chapter, or to present or offer to any person purported proof
of age which is false, fraudulent or not actually his or her own for
purpose of purchasing any such fireworks.
N.
Fireworks
sales are permitted in Light Industrial, Heavy Industrial, Commercial
3 and Downtown zones only.
[Ord. No. 6193, 5-4-2020]
No fireworks may be sold except between the hours of 8:00 a.m.
and 10:00 p.m.
[Ord. No. 6193, 5-4-2020]
Violation of any of the provisions of this Chapter shall be
punishable by an immediate and automatic revocation of all licenses
or permits issued pursuant to this Chapter, and the violator shall
be prohibited from selling fireworks within the City for a period
of two (2) years. Furthermore, any violation which involves the sale
of fireworks other than permissible fireworks shall cause an automatic
forfeiture of that merchandise to the City. A fine of up to five hundred
dollars ($500.00) may also be levied against the violator of this
Chapter.
