[R.O. 2011 § 215.1090; R.O. 2009 § 134.20; CC 1981 § 20-54; Ord. No. 05-142, 5-17-2005; Ord. No. 05-223, 8-24-2005; Ord. No. 05-239, 9-16-2005; Ord. No. 07-237, 9-26-2007]
A. 
Except as provided in Subsection (B), it shall be unlawful for any person to willfully set off, use, burn, explode or fire off any firecrackers, fireworks, torpedoes, bombs, rockets, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols, rocket, missile or aerial firework containing a stick or fin or other fireworks of a like kind within the municipal boundaries of the City; provided, however, that this Section shall not apply to parks or other public places when in the charge of competent persons and under a permit issued by the Mayor.
B. 
It shall be lawful for any person to set off, use, burn, explode or fire off non-rocket, non-missile or aerial fireworks that do not contain a stick or fin, firecrackers, fireworks, torpedoes, bombs, rockets, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols or other fireworks of a like kind within the municipal boundaries of the City between the hours of 12:00 P.M. and 11:00 P.M. on July 3 and 4 of each and every calendar year.
C. 
It shall be unlawful for any person under the age of eighteen (18) to purchase, possess, set off, use, burn, explode or fire off any fireworks, including, but in no way limited to, non-rocket, non-missile or aerial fireworks that do not contain a stick or fin within the municipal boundaries of the City without adult supervision.
D. 
Section 215.380, regarding responsibility of parents and other adults for the criminal acts of children, shall apply to this Section.
E. 
Police Officers are to enforce this strictly and without the use of warnings. Summons are to be issued regardless of circumstances. Any person under the age of eighteen (18) found to be in possession of, setting off, using, burning, exploding or firing off, without adult supervision, any fireworks, including, but in no way limited to, non-rocket, non-missile or aerial fireworks that do not contain a stick or fin, shall have such items confiscated by Police Officers.
F. 
Notwithstanding any other provision of this Section, it shall be unlawful for any person to willfully set off, use, burn, explode or fire off any fireworks, including, but in no way limited to, non-rocket, non-missile or aerial fireworks that do not contain a stick or fin, on any property owned by the City or any park within the City at any time, including the hours of 12:00 P.M. and 11:00 P.M. on July 3 and 4, without a valid permit issued by the Mayor.
[1]
Cross Reference: As to penalty, § 100.150.
[R.O. 2011 § 215.1100; R.O. 2009 § 134.21; CC 1981 § 20-55; Ord. No. 83-38, 6-8-1983; Ord. No. 86-51, 3-7-1986; Ord. No. 86-88, 4-18-1986; Ord. No. 86-143, 6-12-1986; Ord. No. 89-133, 6-30-1989; Ord. No. 92-170, 7-21-1992; Ord. No. 92-171, 7-22-1992, approved by voters 11-3-92; Ord. No. 96-148, 5-22-1996; Ord. No. 98-234, 5-20-1998; Ord. No. 98-256, 6-17-1998; Ord. No. 03-105, 5-13-2003; Ord. No. 05-143, 5-17-2005; Ord. No. 05-223, 8-24-2005; Ord. No. 05-240, 9-16-2005; Ord. No. 07-162, 6-11-2007; Ord. No. 07-237, 9-26-2007]
A. 
It shall be unlawful for any person to sell, offer to sell or expose for sale any fireworks of any type whatsoever within the City without first having obtained a "fireworks stand" license for each location at which fireworks are sold or offered for sale from the Director of Finance; provided, however, that this Section shall not apply to the sale of fireworks in wholesale lots by any person holding a wholesale license to do business within the City for use or sale outside the City or for use within the City in the manner permitted by Section 215.1090.
B. 
The Director of Finance is authorized to issue to any person a "fireworks stand" license to permit sales of fireworks now or hereafter classified as "1.4G Class C Common Fireworks" by the United States Department of Transportation. Licenses shall be issued for fireworks stands located only in "C-2," "C-3," "I-1" or "I-2" zoning districts as defined in Chapter 400 of this Code of Ordinances or other similar zoning of the County on property which has been annexed but has not received a zoning designation by the City.
C. 
An application for a "fireworks stand" license shall be submitted to the Department of Community Development by June first and shall include the following:
1. 
A permit fee of six thousand dollars ($6,000.00) for each proposed location for fireworks sales.
2. 
A statement that the applicant agrees to comply strictly with the terms of this Chapter, the laws of the State of Missouri, St. Charles County and the City of St. Charles, Missouri.
3. 
A cash deposit, irrevocable letter of credit or a surety bond made payable to the City of St. Charles, Missouri, in the amount of three thousand dollars ($3,000.00) 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. The licensee must remove the stand, items pertaining to the business and restore the site within ten (10) days after the completion of the sales period. 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.
[Ord. No. 20-129, 9-15-2020]
4. 
A site plan showing the following:
a. 
Address or site location;
b. 
Property owner and operator names, addresses and phone numbers;
c. 
Size of the lot and tent;
d. 
Location of the tent(s) and all other structures or equipment, including trailers and storage units located on the lot;
e. 
Location of all existing driveway entrances and temporary parking lot areas;
f. 
Location of required restroom facilities [a minimum of one (1) portable facility on site is required];
g. 
Location of required dumpsters [a minimum of one (1) two-yard dumpster for a location having one thousand (1,000) square feet or less of sales area and a minimum of two (2) two-yard dumpsters or one (1) four-yard dumpster for a location having more than one thousand (1,000) square feet of sales area];
h. 
Location of required on-site, off-street customer parking spaces [a minimum of one (1) space per three hundred (300) square feet of sales area is required];
i. 
Location of nearest fire hydrant;
j. 
Proof of a valid Missouri State sales tax number;
k. 
Other information as may be required by the City to ensure public health and safety.
5. 
An electrical inspection must be obtained from the Department of Community Development. All electrical work including generators must be performed by an electrician licensed with the City. Note that locations that did not have valid firework stand permits prior to January 1, 2003, are required to have underground electric supply lines.
6. 
A certificate of flame resistance must be submitted for each tent and a fire inspection must be obtained from the St. Charles Fire Department.
7. 
Approval of the driveway entrance and approval of the construction of temporary surfacing for a parking lot permit from the Department of Public Works are required if a new driveway or temporary surfacing (defined as aggregate, asphalt millings, wood chips or other material used to cover the ground surface for the purpose of temporarily improving the ground surface to better enable it to serve vehicular or foot traffic) is to be installed. These approvals must address the following:
a. 
If a vertical curb is present at the entrance location, a concrete approach may be constructed and left in place to the right-of-way line. If an approach is not constructed, the existing curb must be removed prior to use of the parking lot and replaced within sixty (60) days of the removal.
b. 
Temporary parking permits are granted for no more than thirty (30) consecutive calendar days and the construction of the parking facility must not begin more than fourteen (14) calendar days before the beginning of the intended use.
c. 
No portion of City-owned right-of-way shall be surfaced and a minimum of a ten (10) foot parking setback shall be provided.
d. 
Where used, temporary paving material shall be removed and vegetation reestablished on the site within ten (10) calendar days of the final date of fireworks sales.
[Ord. No. 20-129, 9-15-2020]
e. 
Where temporary surfacing material is used, a cash deposit, irrevocable letter of credit or a surety bond made payable to the City of St. Charles, Missouri, will be required by the Director of Community Development or his/her designee. The security shall be subject to the condition that the reparative measures (actions taken to return disturbed land to the condition and appearance that existed before the temporary use) be performed within the first ten (10) days following the intended usage of the temporary facility as indicated on the temporary parking lot application. The security shall be valid for the entire ten-day period after which it will be forfeited to the City if reparative measures are not complete. If the reparative measures are not completed within the specified time, the City may use the funds from the security of any necessary portion thereof to complete the reparative measures. If the security is inadequate to pay for the costs of the reparative measures, the City shall recover the balance from the property owner.
[Ord. No. 20-129, 9-15-2020]
f. 
Each application for construction of a temporary parking lot or new entrance shall include the following: a sketch showing the property dimensions, parking lot dimensions, entrance locations and dimensions and color photographs [a minimum of six (6)] of the site.
8. 
A certificate of occupancy for any tent or structure from the Department of Community Development.
D. 
The following standards shall be used for the review of any fireworks license and shall apply to the operation of the facility:
1. 
Structures from which fireworks are to be sold or stored shall not be located within on hundred (100) feet of any permanent structure or building, public park, swimming pool or public or private playground.
2. 
Structures from which fireworks are sold or stored shall not be located within one hundred (100) feet of any structure in which petroleum products are sold or dispensed in any manner other than in closed containers.
3. 
A maximum of two (2) semi-truck storage trailers or the equivalent area of trailer storage as determined by the Fire Marshal shall be allowed per location. Additional storage may be permitted upon review and approval of the Fire Marshal. Such trailers shall maintain a minimum of ten (10) foot separation, have DOT labels on them and must be marked "EMPTY" with four (4) inch letters when all contents are removed.
4. 
All weeds and combustible materials shall be cleared from any sales location, including a distance of at least twenty-five (25) feet surrounding the sales location.
5. 
A sign bearing the message "Discharge of Fireworks is Prohibited at All Times Within the City Limits of the City of St. Charles Except Between the Hours of 12:00 P.M. and 11:00 P.M. on July 3 and 4" in letters at least three (3) inches tall shall be conspicuously displayed at each sales location. Such sign shall not count towards the limits of allowable signage provided for by this Section. Additionally, the operator shall distribute to each purchaser a flyer of at least twenty-four (24) square inches containing the statement: "Discharge of Consumer Fireworks Within the City of St. Charles is Prohibited by Ordinance Except Between the Hours of 12:00 P.M. and 11:00 P.M. on July 3 and 4. Violators may be punished by a fine up to five hundred dollars ($500.00) or up to three (3) months imprisonment or both."
6. 
Fireworks stands shall comply with the provisions of the currently adopted Building Code relative to temporary structures. All stands shall be erected in a manner that will reasonably ensure the safety of all occupants, patrons and surrounding property.
7. 
A minimum three (3) foot wide, unobstructed aisle running the length of the stand, inside and behind the sales counter, shall be provided.
8. 
Each stand up to twenty-four (24) feet in length must have at least two (2) exits. Each stand in excess of twenty-four (24) feet must have at least three (3) exits. Exit locking devices, if any, shall be easily released from the inside without special knowledge, key or effort.
9. 
Each stand shall maintain a two and five-tenths (2.5) gallon, 2A rated water-pressure type fire extinguisher or an ABC minimum 2A:10BC rated fire extinguisher near each exit and such extinguishers shall be kept in good working order and shall be easily accessible.
10. 
Signage shall not be subject to the provisions of Chapter 400 but shall meet the following requirements:
a. 
No pennants, streamers, balloons, searchlights, strobe lights, beacons, inflatable signs are permitted;
b. 
No portable signage or off-premises signage is permitted except as provided herein;
c. 
No signage may be attached to non-commercial vehicles;
d. 
Signage may not extend above or beyond the limits of the primary structure or the commercial vehicle(s) associated with the business;
e. 
All signage must be attached to the primary structure being used for the sale of fireworks or to a commercial vehicle being used as storage or an integral part of the operation;
f. 
No signage may be located in a public right-of-way or on public property;
g. 
Total square footage of all signage viewable from any one (1) angle for one (1) location shall not exceed three hundred (300) square feet;
h. 
When a location does not abut a public right-of-way and does not have direct access from such right-of-way, one (1) off-site, freestanding sign or banner not to exceed thirty-two (32) square feet shall be permitted, provided such sign does not interfere with public safety and is not within the public right-of-way. Such sign shall not contribute to the three hundred (300) square foot signage allowance.
11. 
Persons under sixteen (16) years of age shall not be employed upon the premises. If any person under eighteen (18) years of age is employed at a location selling fireworks, the location shall be supervised by at least one (1) person over the age of twenty-one (21).
12. 
Sales of fireworks shall be permitted only during the period June 25 through July 5 each year. No sales shall be permitted prior to 8:00 A.M. or after 10:00 P.M. on any day, except on July 1, 2 and 4, upon which days the closing time may be 11:00 P.M. and July 3, upon which day the closing time may be Midnight.
13. 
No sales of fireworks shall be made to any person under eighteen (18) years of age.
14. 
Licensees shall not permit smoking or any type of open flames upon the premises and shall prominently post at least two (2) signs prohibiting smoking.
15. 
Licensees shall not permit debris, wrappers or papers to accumulate on the premises and dumpsters shall be emptied as necessary to maintain the premises in a clean and orderly manner.
16. 
Licensees and employees shall not attract customers by means of flagging of vehicles or engage in any activity which obstructs or interferes with the free flow of traffic upon any street or highway.
17. 
Licensees shall be required to, at all times, possess and give to each paying customer, at no cost, a flyer clearly outlining both the days and times on which it is legal to set off, use, burn, explode or fire off fireworks as indicated in Section 215.1090.
E. 
All items permitted under Chapter 320, RSMo., except those classified as "1.4G Class C Common Fireworks" by the United States Department of Transportation, may be sold without acquiring a "fireworks stand" license.
F. 
Any license granted hereunder may be suspended and all sales prohibited by the Mayor and/or his/her designee upon violation of any of the provisions listed in this Section which pose a danger to the public or if any ordinance violation remains uncorrected for twenty-four (24) hours after the licensee has been given notice to correct a violation by the City. If a written request is delivered to the office of the Mayor within ten (10) days of the suspension, a hearing shall be held within ten (10) days of the receipt of such written request by the Mayor to determine the existence of the violation and the appropriateness of the suspension. Any licensee whose license has been suspended and does not request a hearing before the Mayor, or whose suspension is upheld by the Mayor, shall not be licensed in the next succeeding year for fireworks sales.
[1]
Cross Reference: As to general business licensing and taxation provisions, Ch. 605.
[R.O. 2011 § 215.1110; R.O. 2009 § 134.22; Ord. No. 05-144, 5-17-2005; Ord. No. 07-237, 9-26-2007; Ord. No. 17-217, 10-17-2017[1]]
The City's cable TV station is hereby authorized and commanded to secure funding for and, if practicable, produce and develop a short segment on fireworks safety. This segment shall outline general fireworks safety principles, as well as educate the public as to the dates and times in which it will be legal to use and discharge fireworks within the City of St. Charles. The cable TV station is authorized to secure funding for this segment from any licensed seller of fireworks.
[1]
Editor’s Note: Ord. No. 17-217 also changed the title of this Section from "Fireworks – Enforcement and Education" to "Fireworks – Education."
[R.O. 2011 § 215.1120; R.O. 2009 § 134.23; Ord. No. 05-250, 9-16-2005; Ord. No. 06-153, 6-28-2006; Ord. No. 07-237, 9-26-2007]
A. 
Notwithstanding any other provision within the Code of Ordinances, it shall be unlawful for any person or entity, whether licensed under this Chapter or not, to sell, purchase, discharge, donate, gift, give away or otherwise dispose of any item as defined as a rocket or missile.
B. 
For the purpose of this Division, a "rocket" is defined as a casing attached to a stick that shoots an expelling combustion from one (1) end that propels it in the air.
C. 
For the purpose of this Division, a "missile" is defined as a casing attached to fins that shoots an expelling combustion from one (1) end that propels it in the air or a collection of multiple plastic tubes contained within one (1) item that propel into the air by combustion.