[R.O. 2004 §210.680; Ord. No. 125 §§1 — 3, 9-19-1983; Ord. No. 150 §§I — VIII, 4-20-1987]
A.
Fireworks Defined. The term "fireworks" means and includes
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, and includes, but is not limited to, blank cartridges,
toy cannons or toy canes in which explosives are used, balloons which
require fire underneath to propel the same, firecrackers, torpedoes,
skyrockets, roman candles, dago bombs or other fireworks of like construction
and any fireworks containing any explosive or flammable compound,
or any tablets or other device containing any explosive substance.
The term "fireworks" shall not include toy pistols, toy canes, toy
guns or other devices in which paper caps containing twenty-five hundredths
(0.25) grains or less of explosive compound are used, providing they
are so constructed that the hand cannot come in 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, the
sale and use of which shall be permitted at all times. Nothing in
this Section 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, nor applying
to the military of the United States or the State of Missouri, or
to Peace Officers, nor as prohibiting the sale or use of blank cartridges
for ceremonial or theatrical or athletic events or agricultural purposes.
B.
Limitations Upon Sale. The sale of fireworks within the
corporate limits of the Village of Country Club shall be subject to
the following limitations:
1.
License required. It shall be unlawful for any person, firm or corporation, association, club, co-partnership or society or any other organization to sell fireworks as defined in Subsection (D) of this Section within the corporate limits of the Village of Country Club without first obtaining a license therefor as provided herein.
2.
Application for license. Applicants for a license
under this section must file with the Clerk of the Village of Country
Club a sworn application in writing on a form to be furnished by the
Clerk, which shall give the name, description and address of the applicant
and every person who will be engaged in selling fireworks for the
applicant in the Village of Country Club. At the time of filing the
application, a fee of twenty-five dollars ($25.00) per site, along
with proof of public liability insurance and license needs to be posted
within the structure for inspection.
[Ord. No. 400, 5-8-2007]
C.
Temporary Stand For Sale Of Fireworks. Every licensee
using a temporary stand, tent or enclosure for the sale of fireworks
shall remove the same on or before the July 10.
[Ord. No. 400, 5-8-2007]
D.
Sale Of Fireworks.
1.
Subject to the provisions of this Section, the following fireworks
may be sold in the Village of Country Club, to wit:
[Ord. No. 400, 5-8-2007]
a.
American rockets.
b.
American shells.
c.
Artillery shells.
d.
Assortments of bottle rockets and china rockets.
e.
Cones.
f.
Firecrackers.
g.
Fountains.
h.
Multi-shot items.
i.
Five-hundred-gram cakes.
j.
Novelties.
k.
Parachutes.
l.
Roman candles.
m.
Smoke items.
n.
Sparklers.
o.
Spinners.
p.
Wing items.
2.
No person shall store, offer for sale, expose for sale or sell at
retail any of the following fireworks, to wit:
a.
Any fireworks forbidden for shipment by the Interstate Commerce Commission;
b.
Any fireworks condemned by the Bureau of Explosives or any other
government agency; or
c.
Anything not specifically referred to in Subparagraph (1) of this
Subsection.
d.
Any building, stand, tent or enclosure used for the sale or
storage of any fireworks shall not be located within one hundred (100)
feet of any other structure, building or residence. For the purpose
of determining required distances, support ropes and guy wires shall
be considered as part of the temporary membrane structure, tent or
canopy.
[Ord. No. 400, 5-8-2007]
e.
Fireworks should not be sold, stored or discharged within five
hundred (500) feet of where a volatile, combustible or flammable liquid
or gases are sold, stored, vented or dispensed. For the purpose of
determining required distances, support ropes and guy wires shall
be considered as part of the temporary membrane structure, tent or
canopy.
[Ord. No. 400, 5-8-2007]
f.
No hay, straw, shavings or similar combustible materials that
have not been treated to make them flame retardant shall be permitted
within any seasonal retail sales location.
[Ord. No. 400, 5-8-2007]
g.
All vegetation within a thirty-foot perimeter of the seasonal
retail operation shall be no higher than four (4) inches. For the
purpose of determining required distances, support ropes and guy wires
shall be considered as part of the temporary membrane structure, tent
or canopy.
[Ord. No. 400, 5-8-2007]
h.
Trash, rubbish and empty boxes shall be stored a minimum of
twenty-five (25) feet from the location of the seasonal retail operation.
For the purpose of determining required distances, support ropes and
guy wires shall be considered as part of the temporary membrane structure,
tent or canopy.
[Ord. No. 400, 5-8-2007]
i.
All seasonal retail temporary structures shall be located no
closer than twenty (20) feet from the right-of-way of all roads, streets,
alleys and property lot lines. For the purpose of determining required
distances, support ropes and guy wires shall be considered as part
of the temporary membrane structure, tent or canopy.
[Ord. No. 400, 5-8-2007]
j.
The consumption or possession of alcoholic beverages in any
seasonal retail sales location is prohibited.
[Ord. No. 400, 5-8-2007]
4.
At least two (2) approved two-and one-half-gallon water type fire
extinguishers shall be provided and kept in close proximity to the
stock of fireworks in all buildings where fireworks are sold. Other
fire protection equipment, if required, shall be in accordance with
all Fire Prevention Codes and the Building Code.
5.
Small outdoor stands, temporarily erected or used as a place for
storing or selling fireworks, shall have fire extinguishers as required
by this Section for buildings or in lieu of such fire extinguishers
may have a thirty-five-gallon drum of water and two (2) ten-quart
buckets or a garden hose not exceeding one hundred fifty (150) feet
in length, connected to a suitable water supply and shutoff at the
nozzle only, available in close proximity to the stand for use as
fire extinguishing equipment.
6.
A sufficient number of signs reading FIREWORKS — NO SMOKING
ALLOWED shall be provided and posted in all areas both inside or outside
buildings or tents which are used for the sale or storage of fireworks.
Such signs shall be lettered on a contrasting background and the letters
shall be of a size capable of being read at a distance of at least
twenty (20) feet.
7.
No person shall offer fireworks for sale at retail before June
20 or after July 4. Business hours for the sale of fireworks shall
be from 10:00 A.M. until 10:00 P.M., except on July 3, when the hours
shall be from 10:00 A.M. until 12:00 Midnight.
[Ord. No. 400, 5-8-2007]
8.
No person shall offer fireworks for sale at retail before the 27th
day of June or after the fourth day of July. Business hours for the
sale of fireworks shall be from 10:00 A.M. until 10:00 P.M. except
on the third day of July when the hours shall be from 10:00 A.M. until
Midnight.
E.
Limitations On Use. The use of fireworks within the corporate
limits of the Village of Country Club shall be subject to the following
limitations:
1.
Endangering life, limb or property. Every person
using fireworks within the corporate limits of the Village of Country
Club shall do so in a careful and prudent manner and so as not to
endanger the property of another or the life or limb of any person
and shall exercise the highest degree of care.
2.
Lighting fireworks held in hand prohibited. No person
shall light the fuse of any fireworks while holding such fireworks
in his/her hand. No person shall throw lighted fireworks at any other
person, animal or property.
3.
Parents responsible for supervision of children. No parent or guardian of any child under the age of sixteen (16)
years shall permit or suffer said child to use any fireworks except
under the strict personal supervision and control of said parent or
guardian.
4.
Permitted times for use of fireworks. No person
shall use any fireworks within the Village of Country Club except
during the time from 10:00 A.M. to 10:00 P.M., provided however, that
on the fourth day of July the use of fireworks shall be permitted
from 10:00 A.M. to Midnight.
[R.O. 2004 §210.681; Ord. No. 404 §2, Exh. B — III, 5-8-2007]
A.
Fireworks Defined. The term "fireworks" means and
includes 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.
B.
Business Fireworks District Defined. Any portion
of the Village of Country Club that is zoned BZ-2 or any other zoning
category that includes a Business Fireworks District, and further
including all areas that have been designated Business Fireworks Districts
by judgment of any court or by written agreement between the Village
of Countryside and the landowner.
C.
Limitations Upon Sale. The sale of fireworks in
the Business Fireworks Districts within the corporate limits of the
Village of Country Club shall be subject to the following limitations:
1.
License required. It shall be unlawful for any person, firm or corporation, association, club, co-partnership or society or any other organization to sell fireworks as defined in Subsection (D) of this Section within the corporate limits of the Village of Country Club without first obtaining a license therefor as provided herein.
2.
Application for license. Applicants for a license
under this Section must file with the Clerk of the Village of Country
Club a sworn application in writing on a form to be furnished by the
Clerk, which shall give the name, description and address of the applicant.
At the time of filing the application, a fee of twenty-five dollars
($25.00) shall be paid to the Clerk of the Village of Country Club.
The application fee and all other business license fees within the
Village, will be uniform throughout the Village.
3.
License. The license shall issue for one-year
periods and shall be renewable annually.
D.
Sale of Fireworks.
1.
Subject to the provisions of this Section, the following fireworks
may be sold in the Business Fireworks Districts in the Village of
Country Club, to wit: Any fireworks legal for sale in the State of
Missouri.
3.
At least two (2) approved two-and-one-half-gallon water-type
fire extinguishers shall be provided and kept in close proximity to
the stock of fireworks in all buildings where fireworks are sold.
Other fire protection equipment, if required, shall be in accordance
with all Fire Prevention Codes and the Building Code.
4.
A sufficient number of signs reading FIREWORKS—NO SMOKING
ALLOWED shall be provided and posted in all areas, both inside and
outside buildings or tents which are used for the sale or storage
of fireworks. Such signs shall be lettered on a contrasting background,
and the letters shall be of a size capable of being read at a distance
of at least twenty (20) feet.
