St. Charles County, MO
 
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Table of Contents
Table of Contents
[Ord. No. 96-168 §1, 12-30-1996; Ord. No. 07-193 §1, 12-27-2007]
The following words shall have the following meanings as set out herein:
FIREWORKS
As defined in Section 320.106, RSMo., as amended.
SALE
An exchange of articles of fireworks for money, including barter, exchange, gift or offer thereof, and each such transaction made by any person, whether as a principal proprietor, salesman, agent, association, co-partnership or one (1) or more individuals.
[Ord. No. 96-168 §2, 12-30-1996; Ord. No. 01-032 §1, 3-28-2001; Ord. No. 07-193 §2, 12-27-2007]
The sale of fireworks in St. Charles County shall be authorized only as provided in and as restricted by this Article and only under permits issued pursuant to the Unified Development Ordinance of St. Charles County, Section 405.515 of the ordinances of St. Charles County, Missouri.
[Ord. No. 07-193 §3, 12-27-2007; Ord. No. 08-012 §1, 2-12-2008; Ord. No. 12-001 §1, 12-19-2011]
A. 
Days Of Operation. No sales of fireworks shall be permitted except from June twenty-fifth (25th) through July sixth (6th) of each year.
B. 
Hours Of Operation. No sales of fireworks shall be permitted prior to 8:00 A.M. or after 10:00 P.M. on any day on which such sales are authorized, except that on July first (1st), second (2nd) and fourth (4th), sales may continue until 11:00 P.M. and on July third (3rd), sales may continue until Midnight.
C. 
Employment Of Persons Under The Age Of Sixteen (16). Persons under the age of sixteen (16) shall not be employed at any location selling fireworks unless supervised at all times by at least one (1) person over the age of twenty-one (21).
D. 
Required Sign. A sign bearing the message "Discharge of Consumer Fireworks is Prohibited at All Times within Unincorporated St. Charles County Except Between the Hours of 10:00 A.M. and 11:00 P.M. July 2nd through July 5th and to Between the Hours of 11:30 P.M. on December 31st and 12:30 A.M. on the immediately following January 1st" 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 or by the Unified Development Ordinance of St. Charles County, Chapters 405—412, OSCCMo. Additionally, a seller of fireworks shall distribute to each purchaser of fireworks a flyer of at least twenty-four (24) square inches containing the statement: "Discharge of Consumer Fireworks within St. Charles County is Prohibited by Ordinance Except Between the Hours of 10:00 A.M. and 11:00 P.M. July 2nd through July 5th and to Between the Hours of 11:30 P.M. on December 31st and 12:30 A.M. on the immediately following January 1st. Violators may be punished by a fine up to five hundred dollars ($500.00)."
E. 
Prohibition Of Sales. It shall be unlawful for any person to willfully sell any firecrackers, fireworks, torpedoes, bombs, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols, missile or aerial fireworks containing a stick or fin, or other fireworks containing a stick or fin, or other fireworks of a like kind within unincorporated St. Charles County.
[Ord. No. 96-168 §3, 12-30-1996; Ord. No. 07-193 §4, 12-27-2007; Ord. No. 12-001 §2, 12-19-2011]
A. 
Except as provided in Subsection (D) and Section 210.115 below, discharge of fireworks within the County shall be limited to between the hours of 10:00 A.M. and 11:00 P.M. on July second (2nd), third (3rd), fourth (4th) and fifth (5th) of any year and to between the hours of 11:30 P.M. on December thirty-first (31st) and 12:30 A.M. on the immediately following January first (1st).
B. 
Persons fifteen (15) years of age and younger shall not discharge fireworks except under the supervision of an adult. Supervision shall be adequate where the adult is within sight and sound of the children during the discharge of the fireworks.
C. 
It shall be unlawful for any parent, guardian or other adult person having custody or control of any minor fifteen (15) years of age or less to knowingly allow such minor to discharge fireworks in violation of the preceding Subsection.
D. 
Except as provided herein, it shall be unlawful for any person to willfully set off, use, burn, explode or fire off any firecrackers, fireworks, torpedoes, bombs, pin wheels, fire balloons, Roman candles, toy cannons, toy pistols, missile or aerial fireworks containing a stick or fin, or other fireworks containing a stick or fin, or other fireworks of a like kind within unincorporated St. Charles County; provided however, that this prohibition shall not apply to parks or other public places when in the charge of competent persons and under a permit issued by the St. Charles County Department of Community Development.
[Ord. No. 12-001 §3, 12-19-2011]
A. 
Public Displays Of Consumer Fireworks. It shall be lawful to conduct public displays of consumer fireworks as defined in 11 Code of State Regulations 40.-3.0101(1), as amended, in the unincorporated part of St. Charles County at any time of the year under permits authorized by this Subsection and by the Fire Code of St. Charles County, as adopted by Section 500.400, OSCCMo.
1. 
The Department of Community Development's Division of Building and Code Enforcement may issue permits for the discharge of consumer fireworks for public display, provided:
[Ord. No. 16-054 §11, 7-25-2016]
a. 
Such discharges of consumer fireworks are on premises used to accommodate the public or public gatherings for the primary purpose of recreation, entertainment or assembly, including marinas, golf courses, private clubs, public facilities including parks and fairgrounds, commercial outdoor recreation, public and private schools, wineries and breweries, common ground controlled by homeowners' associations, churches, racetracks for vehicles or animals, banquet halls;
b. 
Such permits are limited to a single date and specified hours;
c. 
Such hours are between 10:00 A.M. and 11:00 P.M. on any particular date; and
d. 
Applicants meet the requirements for fireworks displays in the Fire Code of St. Charles County, as adopted by Section 500.400, OSCCMo, and provide the information required below.
2. 
Applications for permits authorized by this Subsection shall be on a form provided by the Department of Community Development, and shall:
a. 
Identify the date and the hours of the event during which consumer fireworks are to be discharged;
b. 
Identify the premises for which the permit is sought (legal description, assessor's parcel identification number, or other reasonable means of identifying the premises);
c. 
Identify the principal use to which those premises are dedicated;
d. 
Identify the owner or lessee of those premises, the authorized agent of that owner or lessee, and the means of contacting that authorized agent by U.S. mail, telephone, facsimile transmission and electronic mail;
e. 
Bear the signature of that owner or lessee, or the signature of that owner's or lessee's authorized agent;
f. 
Identify the operator handling the fireworks display (name, business address, contact information);
g. 
Be accompanied by:
(1) 
A fee of twenty-five dollars ($25.00); and
(2) 
Plans for the proposed displays that are required for fireworks permits by the Fire Code of St. Charles County, as adopted by Section 500.400, OSCCMo, along with an additional fee of twenty-five dollars ($25.00) for site plan review; or
(3) 
A permit for the public display of consumer fireworks issued by another authority with jurisdiction (such as the State Fire Marshall or a fire district) pursuant to 11 Code of State Regulations 40-3.010(2)(A), as amended; and
(4) 
Proof or certificate of insurance of owner of site or of operator for consumer fireworks display; and
h. 
Be filed no later than ten (10) calendar days prior to the event for which the permit is sought (unless this requirement is waived for good cause shown and adequate review of the application will not be impaired).
3. 
The Department shall notify the applicant in writing within three (3) working days of the filing of a complete application that the permit applied for is granted or denied. If permit is granted, the Department shall send it to the applicant with the notice. If the permit is denied, the Department's notice shall state the reasons for that denial. The Department shall send notices and permits to applicants or permittees by U.S. mail, unless they request delivery by facsimile transmission or electronic mail and provide contact information for such delivery.
B. 
Public Displays Of Display Or Proximate Fireworks. It shall be lawful to conduct public displays of display or proximate fireworks as defined in 11 Code of State Regulations 40.-3.010(1), as amended, in the unincorporated part of St. Charles County at any time of the year under permits authorized by this Subsection.
1. 
The Department of Community Development may issue permits for the discharge of display or proximate fireworks, provided:
a. 
Such discharges of display or proximate fireworks are on premises used to accommodate the public or public gatherings for the primary purpose of recreation, entertainment or assembly, including marinas, golf courses, private clubs, public facilities including parks and fairgrounds, commercial outdoor recreation, public and private schools, wineries and breweries, common ground controlled by homeowners' associations, churches, racetracks for vehicles or animals, banquet halls, and, in the case of proximate fireworks for indoor display, entertainment venues such as theaters and dance clubs;
b. 
Such permits are limited to a single date and specified hours;
c. 
Such hours are between 10:00 A.M. and 11:00 P.M. on any particular date; and
d. 
Applicants meet the requirements for fireworks displays in the Fire Code of St. Charles County, as adopted by Section 500.400, OSCCMo, and provide the information required below.
2. 
Applications for permits authorized by this Subsection shall be on a form provided by the Department of Community Development, and shall:
a. 
Identify the date and the hours of the event during which display or proximate fireworks are to be discharged;
b. 
Identify the premises for which the permit is sought (legal description, assessor's parcel identification number, or other reasonable means of identifying the premises);
c. 
Identify the principal use to which those premises are dedicated;
d. 
Identify the owner or lessee of those premises, the authorized agent of that owner or lessee, and the means of contacting that authorized agent by U.S. mail, telephone, facsimile transmission and electronic mail;
e. 
Bear the signature of that owner or lessee, or the signature of that owner's or lessee's authorized agent;
f. 
Identify the operator handling the fireworks display (name, business address, contact information);
g. 
Be accompanied by:
(1) 
A fee of twenty-five dollars ($25.00); and
(2) 
Plans for the proposed displays that are required for fireworks permits by the Fire Code of St. Charles County, as adopted by Section 500.400, OSCCMo, along with an additional fee of seventy-five dollars ($75.00) for site plan review; or
(3) 
A permit for the public display of display or proximate fireworks issued by another authority with jurisdiction (such as the State Fire Marshall or a fire district) pursuant to 11 Code of State Regulations 40-3.010(2)(A), as amended; and
(4) 
A copy of the operator's State license or licenses for discharging display or proximate fireworks (as applicable) issued pursuant to 11 Code of State Regulations 40.30.010(9); and
(5) 
Proof of insurance meeting the requirements of 11 Code of State Regulations 40.3.010(8), as amended; and
h. 
Be filed no later than ten (10) calendar days prior to the event for which the permit is sought (unless this requirement is waived for good cause shown and adequate review of the application will not be impaired).
3. 
The Department shall notify the applicant in writing within three (3) working days of the filing of a complete application that the permit applied for is granted or denied. If permit is granted, the Department shall send it to the applicant with the notice. If the permit is denied, the Department's notice shall state the reasons for that denial. The Department shall send notices and permits to applicants or permittees by U.S. mail, unless they request delivery by facsimile transmission or electronic mail and provide contact information for such delivery.
C. 
The provisions of this Section are subject to any applicable zoning regulations in the Unified Development Ordinance of St. Charles County, Chapter 405, OSCCMo, on the discharge of consumer, display or proximate fireworks.
[Ord. No. 96-168 §4, 12-30-1996; Ord. No. 07-193 §5, 12-27-2007]
The Chief of Police of St. Charles County is hereby authorized to confiscate fireworks from the possession of any person found to be in violation of Section 210.110 of this Article. The Chief of Police is further authorized to confiscate fireworks being discharged privately in such large quantity that a nuisance is created.
[Ord. No. 96-168 §5, 12-30-1996]
Any person who has fireworks confiscated under this Article shall be provided written notice at the time of the confiscation that within seven (7) calendar days from the confiscation, the person may file a written request for review with the Police Department setting out the specific facts for the claim that the Article herein has not been violated. The Chief of Police office shall hear and determine the matter within ten (10) days of the written request for appeal. The decision of the Chief of Police shall be final.
[Ord. No. 96-168 §8, 12-30-1996]
Fireworks confiscated under this Article 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 the Article. The Chief of Police is authorized to make arrangements for the storage of such fireworks in or out of the County at a safe storage area.
[Ord. No. 07-193 §6, 12-27-2007]
Enforcement of this Article shall be the responsibility of the County Counselor.
[Ord. No. 96-168 §7, 12-30-1996; Ord. No. 07-193 §7, 12-27-2007]
Any person violating this Article shall be adjudged guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00) per incident in which fireworks are confiscated.