Wright City, MO
Warren County
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Table of Contents
Table of Contents

Section 218.010 General.

[Ord. No. 729 §I, 11-9-2010; Ord. No. 747 §I, 2-23-2012]
A. 
It shall be unlawful for any person, firm or corporation to manufacture, store, sell or offer for sale fireworks of any type within the City limits, except as provided for by this Section. Provided further, it shall be unlawful for any person, firm or corporation, including non-profit, religious or community service organizations, within the City limits to manufacture, store, sell or offer for sale bottle rockets, rockets of all types and size 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. However, this Section shall not apply to the following situations:
1. 
The necessary discharge of flares or torpedoes for signal purposes in connections with railroads or other means of transportation.
2. 
The use of blank cartridges, firearms or species of fireworks in connection with theatrical exhibitions.
3. 
The activities of any military or Police organization for official purposes.
4. 
Any business duly licensed by the City of Wright City to sell or own fireworks.

Section 218.020 Definitions.

[Ord. No. 729 §I, 11-9-2010]
For the purpose of this Chapter, the following words shall have the meaning as set out herein:
FIREWORKS
Includes any combustible or explosive compositions or any substance or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and shall also include common fireworks and special fireworks as defined herein:
1. 
COMMON FIREWORKS (CLASS C): Explosive devices designated primarily to produce visible or audible effects by combustion, deflagration, or detonation.
This term includes aerial devices containing no more than two (2) grains (one hundred thirty milligrams (130 mg)) of explosive composition or ground devices containing no more than fifty milligrams (50 mg) of explosive composition, all of which are classified as Class C explosives by regulations of the United State Department of Transportation.
2. 
SPECIAL FIREWORKS (CLASS B): Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes aerial devices containing more than two (2) grains (one hundred thirty milligrams (130 mg)) of explosive composition or ground devices intended for public display. These devices are classified as Class B explosives by regulations of the United States Department of Transportation. Special fireworks (Class B) are prohibited within the City limits except as part of a permitted public display as approved by the Board of Aldermen.
3. 
SALE: An exchange of articles of fireworks for money, including barter, exchange, gift or offer thereof, and each such transaction made by a person, whether as a principal proprietor, salesman, association, co-partnership or one (1) or more individuals.

Section 218.030 Permits and Sales, Common Fireworks (Class C).

[Ord. No. 729 §I, 11-9-2010; Ord. No. 747 §II, 2-23-2012]
A. 
Permits. Each permit for a temporary fireworks stand shall require a City of Wright City business license and such sign permits, and other permits as required by City ordinances.
B. 
Applications. Applications for temporary fireworks stand permits must be applied for by April first (1st) of each year. Applications are subject to review under the conditional use permit provisions of City ordinances.
C. 
Transfer of Permits. All temporary fireworks stand permits approved and issued by the Board of Aldermen are personal to the applicant and are non-transferable. The sale of fireworks or operations of a facility for the sale of fireworks by someone other than the license holder shall void the permit and cause forfeiture of the permit and permit fee.
D. 
Permit Fees Any person, firm or corporation making application for a temporary fireworks stand permit shall accompany said application with a fee of two thousand dollars ($2,000.00) for up to one thousand (1,000) square feet and four thousand dollars ($4,000.00) for over one thousand (1,000) square feet plus the normal fees for a business license and applicable sign permit fees for each sign, for each location that a permit is sought. If the Board of Aldermen does not approve the conditional use application, the permit fee shall be returned to the applicant. If the application is approved, then the total fee shall be retained by the City of Wright City as provided herein. All fees collected from temporary fireworks stand permits shall go to the General Fund of the City.
E. 
Location. The site location is limited to property which is zoned as commercial or industrial district. The actual stand, tent, building or facility shall be at least one hundred (100) feet from any other temporary or permanent building and at least two hundred (200) feet from any residence or housing unit.
F. 
Each site location shall require a separate permit and permit fee for a temporary fireworks stand, conditional use permit, business license, and applicable sign permit(s).
G. 
A conditional use permit for a temporary fireworks stand shall not be valid for more than sixty (60) calendar days and shall not be effective prior to May sixth (6th) of each year, nor be effective after July tenth (10th) of each year. Sales are restricted to dates from June twentieth (20th) to July tenth (10th). Date(s) of sales shall not exceed State Statutes.
H. 
Prohibition. The Board of Aldermen shall have the power and authority to limit or prohibit the sale and/or shooting or detonation of fireworks. In case of a declared emergency or extreme fire danger, the Mayor may prohibit the shooting or detonation of fireworks at any time.
I. 
Sale and Display Prohibited. No person shall exhibit or have in his possession with intent to give away or sell or offer for sale within the City any squib, rocket, cracker, torpedo, grenade, gun, revolver, pistol, cap or cartridge, or other combustible firecracker or fireworks of any kind without first obtaining a business license issued by the City.
J. 
Exceptions on Sales. The prohibition of this Section shall not apply to the sale of any such article or articles by wholesalers to each other, or to the sale of any such article or articles at wholesale to merchants conducting business entirely outside the City, or to the sale by wholesalers for public demonstrations as herein provided.
K. 
Exception on Use. The prohibition of this Section shall not apply to the sale, storage or use of railroad track torpedoes, or other signaling devices used by railroads, or to the sale, storage or use of flash powder composition by photographers, or dealers on photographic supplies, or to prevent any public demonstration or display of fireworks of any kind if conducted under proper Police supervision after application has been made and a permit issued by the Board of Aldermen for such demonstration.
L. 
Cash Deposit. A cash deposit, irrevocable letter of credit or a surety bond made payable to the City of Wright City in the amount of ten thousand dollars ($10,000.00) for each location to be operated by the applicant shall be submitted. Such deposit, letter or bond shall ensure compliance with the provisions of this Section, including, but not limited to, the removal of the stand, provisions for temporary electrical service and the cleaning and restoration of the site upon which it was located in accordance with the provisions of this Section. In the event the licensee does not comply with the provisions of this Section or does not remove the stand or restore the site as required, the City may do so or cause the same to be done and the reasonable cost thereof shall be charged against the licensee and the deposit, letter of credit or surety bond.

Section 218.040 Possession, Use and Discharge.

[Ord. No. 729 §I, 11-9-2010]
A. 
Discharge of Fireworks Limited — Use Prohibited. It shall be unlawful for any person (unless holding a permit issued by the City of Wright City) to throw or place fireworks, including pyrotechnic devices, in such a manner that the explosion of same will be likely to endanger or cause injury or damage to any person or property. No person shall cast, throw, light or fire any squib, rocket, cracker, torpedo, grenade, gun, revolver, pistol, cap or cartridge or other combustible firecracker or fireworks of any kind.
B. 
Pyrotechnic Displays. Permits for use of fireworks in connection with pyrotechnic displays may be issued by the Board of Aldermen upon written application, after review by the Planning and Zoning Commission and, when the Board is satisfied that the applicant is a responsible party, has appropriate insurance coverage which includes naming the City as a co-insured party. That the conditions and use of fireworks will not involve undue or unusual danger to persons or property. That proper standards concerning the use of the fireworks will be employed. That a licensed pyrotechnic technician will be in full charge of setting up and discharging the fireworks, that adequate public safety and traffic control will be provided and provided the Fire Chief for the local fire district and the Chief of Police have reviewed the proposed plans for the public display and have provided their recommendations to the Board of Aldermen.

Section 218.050 Confiscation of Fireworks.

[Ord. No. 729 §I, 11-9-2010]
The Chief of Police and other City of Wright City Police Officers are hereby authorized to confiscate fireworks from the possession of any person found to be in violation of this Chapter. In addition, the Chief of Police and other City of Wright City Police Officers are further authorized to confiscate fireworks being discharged privately.

Section 218.051 Notification Upon Confiscation — Request For Review.

[Ord. No. 729 §I, 11-9-2010]
Any person who has fireworks confiscated under this Chapter shall be provided written notice at the time of the confiscation that within seven (7) days from the confiscation, the person may file a written request for a review with the Police Department setting out the specific facts for the claim that this Chapter has not been violated. The Chief of Police shall hear and determine the matter within ten (10) days of receipt of the written request for appeal. The decision of the Chief of Police shall be final.

Section 218.052 Disposition of Confiscated Fireworks.

[Ord. No. 729 §I, 11-9-2010]
Fireworks confiscated under this Chapter shall be destroyed within thirty (30) days of confiscation, or upon appeal, at the time of the final decision finding the possessor in violation of this Chapter. The Chief of Police is authorized to make arrangements for the storage of such fireworks in or out of the City limits at a safe storage facility.

Section 218.060 Penalties For Violation.

[Ord. No. 729 §I, 11-9-2010]
Any person or persons found in violation of any provision or provisions of this Chapter, as heretofore set forth, shall upon conviction thereof be punished by a fine of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500.00), or imprisonment; and provided further, that each such unlawful act shall constitute a separate offense.