[CC 2001 §8.28.010; Ord. No. 4.03D §1, 12-11-1997; Ord. No. 2007-13 §1, 6-12-2007]
Any fair association, amusement park, organization, firm or
corporation proposing to conduct a public fireworks display and possessing
a special fireworks permit from the State Fire Marshal pursuant to
Section 320.126, RSMo., shall apply to the City Council for a City
special fireworks permit and the City Council may issue such permit
for the time and place under the same conditions authorized by the
State permit.
[CC 2001 §8.28.020; Ord. No. 4.03D §2, 12-11-1997; Ord. No. 2007-13 §2, 6-12-2007; Ord. No. 201826, 8-13-2018]
It is unlawful for any person to throw, place or use any fireworks,
including pyrotechnic devices, in such manner that the explosive of
same shall be likely to endanger or cause injury or damage to any
person or property; provided, further, that it is unlawful for any
person to shoot or detonate fireworks of any nature within the City
limits except from July first (1st) through July seventh (7th) of
each year, and such actions shall occur between the hours of 10:00
a.m. and 10:00 p.m., except on July fourth (4th) on which such actions
shall occur between the hours of 10:00 a.m. to 11:00 p.m.; provided,
however, no license shall be granted for the sale of fireworks within
two hundred (200) feet of any school, church, or gas station; further
provided, that any such organization which is granted a permit shall
have furnished the City with a liability insurance certificate naming
the City as a co-insured.
[CC 2001 §8.28.030; Ord. No. 4.03D §3, 12-11-1997; Ord. No. 2002-04 §1, 4-16-2002]
A.
No
person, organization or corporation shall sell, offer for sale, display,
barter, exchange or transfer any fireworks of any kind, without first
obtaining a permit from the City Administrator. No permit will be
issued for sales on City alleys, streets, sidewalks, parks or any
other municipally owned property.
B.
The
City Council shall not grant more than two (2) permits in any one
(1) year. The permits will be considered in the order received each
year. The City Council may refuse to issue a permit to any person,
organization or corporation which has had a State or City permit suspended
or revoked or if such person or someone with a financial interest
in such organization or corporation is not of good moral character,
based upon a background check by the Chief of Police.
C.
Applications
for permits shall be made between March first (1st) and April thirtieth
(30th) of each year to the City clerk.
D.
Permit
fees shall be five hundred dollars ($500.00).
E.
Permits
shall not be issued, unless the applicant presents a valid seasonal
retail license or permit covering the same time period issued by the
State Fire Marshal.
F.
Any
person, organization or corporation receiving a permit will sell only
"consumer fireworks" as defined in Section 320.106, RSMo., and will
at all times comply with the terms of the permit issued by the State
Fire Marshal and the State fireworks regulations contained in Sections
320.106 through 320.161, RSMo., and all regulations promulgated pursuant
thereto.
G.
Every
person, organization or corporation obtaining a permit shall display
in a conspicuous place at the sales location a sign or placard, printed
in bold letters not smaller than two (2) inches in height, stating
the following: "SHOOTING OF FIREWORKS IS PROHIBITED WITHIN THE CITY
LIMITS OF BONNE TERRE, MISSOURI".
H.
The
sales location will be equipped with adequate fire extinguishers and
safety devices as determined by the Fire Chief.
I.
The
permit shall be restricted to the location for which the permit is
issued, which location shall be specifically stated on the permit.
J.
Permits
are not assignable or transferable.
K.
The
permit will be displayed at the sales location so that it can be readily
seen by fire and police officials.
L.
Permit
holders will cooperate with inspections and investigations by such
officials.
M.
The
holder of the permit will conduct the sales operation so as not to
endanger or disturb the public peace, health, safety and welfare of
the citizens of the City. The City shall have no liability for damages
to persons or property caused or contributed to by a permit holder
or agents thereof.
N.
Seasonal
retail sales are only permitted under zoning classifications "C-2",
"C-3", "I-1" and "I-2", so permits shall not be issued for premises
located in any other zoning classifications. Temporary structures
or tents will only be permitted in areas where appropriate and shall
be removed at the end of the period of the permit.
O.
The
City Council may suspend or revoke the permit of anyone violating
or believed to be violating this Section.
