[R.O. 2016 § 210.530; Ord. No. 1069-14[1] § 1, 3-11-2014]
A. 
For the purposes of this Article, the following terms shall be deemed to have the meanings indicated below:
CONSUMER FIREWORKS
Explosive devices designed primarily to produce visible or audible effects by combustion and includes aerial devices and ground devices, all of which are classified as fireworks, UN0336, 1.4G within 49 CFR Part 172.
FIREWORKS
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 Part 171 et seq., United States Department of Transportation hazardous materials regulations.
B. 
Nothing in this Article XIV shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as applying to the military or naval forces of the United States or of this State or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical or athletic events, nor as applying to the transportation, sale or use of fireworks solely for agricultural purposes, provided that the items sold for agricultural purposes shall be limited to those items that are legal for retail sale and use within the State of Missouri.
C. 
Matches, toy pistols, toy canes, toy guns, party poppers or other devices in which paper caps containing twenty-five hundredths (0.25) grains or less of explosive compound, provided that they are so constructed that the hand cannot come into contact with the cap when in place for use, and toy pistol paper caps which contain less than twenty-five hundredths (0.25) grains of explosive mixture shall be permitted for sale and use at all times and shall not be regulated by the provisions of this Article XIV.
D. 
Retail sellers and those operating commercial fireworks displays for which a State of Missouri license is required shall obtain a Fire Prevention Permit in a form provided by the Director of Community Development or his/her designee.
[Ord. No. 1250-18, 5-22-2018]
E. 
Retail sellers and those operating commercial fireworks displays shall provide a copy of general liability insurance in the amount of five hundred thousand dollars ($500,000.00) upon applying for a Fire Prevention Permit.
[Ord. No. 1250-18, 5-22-2018]
[1]
Editor's Note: This ordinance also repealed Art. IX, Fireworks Regulations, of the 1994 City Code, adopted 5-17-1995 by Ord. No. 67-95 §§ 1 — 4, as amended.
[R.O. 2016 § 210.540; Ord. No. 1069-14 § 1, 3-11-2014]
A. 
License Granted. Upon meeting the City's requirements for a business license and upon receipt of a permit from the State of Missouri, a temporary business license will be issued to applicants for the sale of consumer fireworks at specified times of the year and locations for the sale of consumer fireworks to the public; provided, however, that no license shall be granted for the sale of fireworks on either Main Street between Community Drive and Crane Street or in any area not zoned for commercial use.
B. 
Restrictions On Items For Sale.
1. 
No fireworks as defined in Section 210.2210 may be sold at retail within the City limits of the City of Park Hills except as specifically provided for in Subsection (B)(2) below.
2. 
Consumer fireworks as defined in Section 210.2210 may be sold at retail by holders of a seasonal retail permit during the selling periods of the 20th day of June through the 10th day of July and the 20th day of December through the second day of January.
C. 
Restrictions For Retail Sale Of Fireworks.
1. 
It shall be unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed, except where the fireworks are in the original package. All fireworks that the public may examine shall be kept for sale in original packages, except where an attendant is on duty at all times where fireworks are offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty. One (1) or more signs reading "FIREWORKS — NO SMOKING" shall be displayed at all places where fireworks are stored or sold in letters not less than four (4) inches in height.
2. 
Fireworks shall not be stored, kept or sold within fifty (50) feet of any motor vehicle fuel dispensing station dispenser, retail propane dispensing station dispenser, compressed natural gas dispensing station dispenser, gasoline or propane bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one (1) gallon. The provisions of this Subsection shall not apply to stores where cleaners, paints and oils are sold in the original containers to consumers.
3. 
It shall be unlawful to permit the presence of lighted cigars, cigarettes, pipes or any other open flame within twenty-five (25) feet of where fireworks are manufactured, stored, kept or offered for sale.
4. 
Fireworks shall not be stored, kept or sold within one hundred (100) feet of any dispensing unit for ignitable liquids or gases.
5. 
In the City of Park Hills, 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 buildings or, in lieu of the fire extinguisher, may have a barrel of water and two (2) buckets available in close proximity to the stand for use as fire-extinguishing equipment.
6. 
It shall be unlawful for any person under the age of sixteen (16) to sell fireworks or work in a facility where fireworks are stored, sold or offered for sale unless supervised by an adult.
7. 
No items of explosive or pyrotechnic composition other than consumer fireworks, as defined herein, shall be displayed, sold or offered for sale within the applicable permit location as identified on such permit granted by the State Fire Marshal.
8. 
All storage and transportation of fireworks shall be in accordance with all Federal and State rules and regulations.
D. 
Penalty. Any violation of this Section shall be punishable by a fine of up to five hundred dollars ($500.00) per day for such sale.
[R.O. 2016 § 210.550; Ord. No. 1069-14 § 1, 3-11-2014]
A. 
Except as otherwise provided for in this Section, it is unlawful to explode or ignite fireworks within the City limits of Park Hills.
B. 
Subject to the provisions set forth in Subsections (C), (D), (E) and (F) of this Section, consumer fireworks, except for sky lanterns, may be set off within the City limits of Park Hills from June 27 through July 7 between the hours of 10:00 A.M. and 10:00 P.M., except for July 4th on which the permissible hours will be between the hours of 10:00 A.M. and 12:00 A.M.; and between 11:30 P.M. on December 31 and 12:30 A.M. on January 1; provided, however, that consumer fireworks shall not be set off within the City limits of Park Hills during any period where the Missouri Department of Natural Resources has issued a burning ban applicable to the area or the Fire Chief under the provisions of Section 210.2290(B)(2) of this Code has issued a burning ban applicable to the area.
[Ord. No. 1450-22, 1-11-2022]
C. 
Consumer fireworks may be set off only upon private property. No one is to set off or cause any consumer fireworks to be set off upon any public property or upon the private property of someone else, without obtaining his or her permission to do so.
D. 
No person shall ignite or discharge any consumer fireworks within or throw the same from a motorized vehicle, including watercraft (except where a display permit has been issued for a floating vessel or floating platform), or any other means of transportation, nor shall any person place or throw any ignited article of fireworks into or at a motorized vehicle, including watercraft, or any other means of transportation or at or near any person or group of people.
E. 
It is unlawful to explode or ignite consumer fireworks within six hundred (600) feet of any church, hospital, mental health facility or school or within one hundred (100) feet of any location where fireworks are stored, sold or offered for sale.
F. 
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 non-permanent structure where fireworks are stored, sold or offered for sale.
G. 
Any violation of this Section shall be punishable by a fine of not more than five hundred dollars ($500.00) and/or no more than three (3) months in the City Jail. If the person in violation of this Section is a minor, then that minor shall be reported to the proper juvenile authorities and the minor's parents/guardians will be notified. If the minor is found in violation for a second time, again he or she will be reported to the proper juvenile authorities and his or her parents/guardians will be issued a ticket, which will carry a fine and penalty not in excess of five hundred dollars ($500.00) and/or no more than three (3) months in the City Jail.