[Ord. No. 2004-1404 §1, 6-15-2004; Ord.
No. 2020-1911, 3-17-2020]
A.
FIREWORKS
Definitions.
As used in this Article, the following term shall have the meaning
indicated herein:
Includes any combustible or explosive composition or any
substance or combination of substances or articles prepared for the
purpose of producing a visible or audible effect by combustion, explosion,
deflagration or detonation and includes, but is not limited to: blank
cartridges; toy pistols, toy cannons, toy canes or toy guns in which
explosives are used; balloons which require fire underneath to propel
them; firecrackers; torpedoes; sky rockets, Roman candles; bombs;
colored flares; cylindrical fountains; colored cone fire; box fire
and torches; wheels; magic snakes; cone fountains; colored mines and
shells; aerial bombs, missiles; and other devices, articles or tablets
containing any explosives or flammable compound. The term "fireworks,"
however, shall not include toy pistols, toy canes, toy guns or other
devices in which paper caps are used containing not in excess of an
average of twenty-five hundredths (0.25) of a grain of explosive compound
per cap.
B.
Sale,
Possession And Use Prohibited.
1.
Except as otherwise provided herein, it shall be unlawful for any
person, firm or corporation to sell, possess, offer for sale, expose
for sale, give, use, discharge or explode fireworks within any structure
or outdoor space located within the City of Frontenac except as provided
herein.
2.
Nothing in this Section shall prohibit the sale, possession and use
of blank cartridges for theatrical purposes, or signal purposes in
an athletic contest or sporting events; or items for the use of Police
or military organizations; or flares used by railroads or other public
or private transportation agencies for signaling purposes. Nothing
contained herein shall prohibit any wholesaler, dealer or jobber from
possessing I.C.C. Class C fireworks for the purpose of selling at
wholesale, provided said fireworks are in the process of being delivered
or shipped directly outside the City of Frontenac.
3.
Except as otherwise provided herein, the storage or possession of
any fireworks in or on any building, structure or premise located
within the City of Frontenac is prohibited.
C.
Special
Permit For Display.
1.
The Fire Marshal of the City of Frontenac may authorize a special
permit for a fireworks display to be located within the City of Frontenac,
provided the following conditions are met:
a.
The proposed firework display is to be conducted for the benefit
of a not-for-profit entity;
b.
The proposed firework display is to be held on a property of sufficient
size to comply with all local, State and Federal laws and regulations
for firework displays, but in no event less than four (4) acres in
size, and that is not used for a residential purpose;
c.
The proposed firework display is located on the site in such a manner
that fallout from the fireworks will be contained wholly within the
site on which the display is located;
d.
If the proposed firework display is being operated by an individual
or entity other than the owner of the property, the owner of said
property must provide written permission for the use of the property
for a fireworks display;
e.
The permit application must include the dates, times and locations
for setup, display, and cleanup operations, as well the location of
the fallout zones;
f.
The permit application must be filed with the City's Fire Marshal
at least fifteen (15) business days prior to the date of the proposed
fireworks display;
2.
Upon receipt of a permit application, the City shall notify the property
owners located within three hundred (300) feet of the property boundary
where the display is proposed to take place.
3.
The Fire Marshal is authorized to suspend or revoke a permit for
fireworks display under the provisions of this Chapter whenever the
permit is issued in error or on the basis of incorrect, inaccurate,
or incomplete information, or if it is found by inspection or otherwise
that there is a violation of the conditions upon with the permit was
issued, or of this Chapter or any other local, State or Federal law
or regulation. An interested person aggrieved by the decision of the
Fire Marshal to suspend or revoke a permit may appeal the decision
to the City Administrator for reconsideration within three (3) days
of the decision, and the City Administrator shall schedule a hearing
to be held within five (5) days of receipt of the appeal application.
The decision of the City Administrator shall be final.
D.
General
Requirements.
1.
Unless otherwise provided in this Section, any person, firm or corporation
filing an application for a permit for a fireworks display ("applicant")
and any person, firm or corporation in whose name the permit is issued
("permittee"), shall comply with the provisions of this Section. The
applicant shall file, as part of the permit application, a detailed
site plan with dimensions showing the display site and location of
the discharge site(s), spectator viewing areas, parking areas, fallout
areas, nearby buildings and/or overhead obstructions and utilities,
and the associated separation distances. The applicant shall also
provide mortar size, mortar installation, firing method, and other
information relating to the fireworks. The permittee shall not allow
spectators, spectator parking areas, and dwellings, buildings or structures
to be located within the display site, discharge site(s) and fallout
areas.
2.
The applicant shall show proof of liability insurance coverage for
both personal property and personal injury in an amount of not less
than one million dollars ($1,000,000.00) per occurrence, and not less
than four million dollars ($4,000,000.00) in aggregate, or such other
amount deemed appropriate by the Fire Marshal. The City shall be named
as an additional insured on any such insurance policy. Further, the
City may request a hold harmless agreement prior to approving any
fireworks display, in a form approved by the City Attorney.
3.
The applicant shall provide proof that the manufacturer and supplier
of the fireworks to be used in the display possess the necessary local,
Federal and/or State licenses and/or permits.
4.
The permittee shall comply with all local, State and Federal laws
and regulations. Where unusual or safety-threatening conditions exist,
the Fire Marshal is authorized to increase the required separation
distances as the Fire Marshal deems necessary to ensure public safety.
5.
The permittee shall use best efforts to arrange for fireworks to
be delivered to the site on the day of the event. The permittee shall
not store fireworks on-site overnight, unless stored in a secured
area under the supervision of a 24-hour, on-duty security watch person
with the prior written approval of the Fire Marshal.
6.
Beginning as soon as the fireworks are delivered to the display site,
the permittee shall not allow fireworks to be left unattended, and
the permittee shall keep them dry and secure. The permittee shall
inspect shells after delivery and any shells that are, or appear to
be, damaged for whatever reason shall not be fired. The permittee
shall sort and separate, handle fireworks, use ready boxes for temporary
storage, install mortars, and perform other activities leading up
to the firing of fireworks, in a safe manner. The permittee shall
position mortars so that shells are propelled away from the spectators
and over the fallout area.
7.
Every outdoor display shall be supervised, managed, or directed by
an on-site Missouri State-licensed operator. Whenever a hazardous
condition exists, the permittee shall immediately discontinue, or
cause the immediate discontinuance, of the fireworks display until
such time as the dangerous situation is no longer extant.
8.
After the fireworks display, the firing crew shall conduct an inspection
of the fallout area for the purpose of locating unexploded aerial
shells or live components. This inspection shall be conducted before
public access to the site is allowed. Any shells found during the
inspection shall be handled and disposed of in a safe manner.
9.
The applicant must have a current Missouri Fireworks Display Operator
License and Federal Explosives License/Permit.
10.
Applicant must provide access for Frontenac Fire Department to stage
its fire apparatus and equipment on the property where the display
will be located during the event.
F.
It
shall be a violation of this Chapter for the permittee, or the owner
of the property upon which a fireworks display is held, to allow any
fallout to land on a property other than the property being used for
the fireworks display. It shall be a violation of this Subsection,
even if the fireworks are discharged from outside the corporate boundaries
of the City, if the fallout lands on property located within the City.
G.
Penalties.
1.
Any person, firm or corporation violating any of the provisions of
this Section shall, upon conviction thereof, be fined not less than
fifty dollars ($50.00) and not more than five hundred dollars ($500.00)
for each offense or be subject to imprisonment not exceeding a term
of ninety (90) days, or both such fine and imprisonment. No person,
firm or corporation shall operate a retail or wholesale fireworks
business to sell handle, use or dispense fireworks.
2.
The Frontenac Police Department and/or Frontenac Fire Department
shall have the power to seize or confiscate, or take hold for destruction
or disposal pursuant to a court order, any firework belonging to any
person, firm or corporation violating any provision of this Section.
