City of New Melle, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 400, 6-13-2017]
The definition of "Fireworks" shall be as follows:
FIREWORKS
Any explosive composition, substance, combination of substances, device or article designed for the purpose of producing a visible or audible effect of a temporary exhibition or entertainment nature by explosion, combustion, deflagration, detonation, report, shooting a projective into the air, or producing an open flame and shall include, but not be limited to, reloadable tube devices, comets, mines and shells, blank cartridges, toy cannons in which explosives are used, and the type of balloons which require fire underneath to propel the same. The term "fireworks" shall exclude snake or glow worm pellets, smoke devices, snap pops, or bang snaps, trick noisemakers known as part poppers, and sparklers, and shall further exclude toy gun paper or plastic caps which contain less than 16.25 milligrams (0.25 of a grain) of explosive mixture, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion.
[Ord. No. 400, 6-13-2017]
A. 
The Board of Aldermen of the City have the sole authority to issue any person a Conditional Use Temporary Permit to allow sales of fireworks for any location in areas zoned "C-2," "C-3," "I-1," and "I-2" as defined in the City Code in Title IV, Land Use. This permit shall be renewed each year at the discretion of the Board of Aldermen.
B. 
No fireworks stand shall be located within five hundred (500) feet of a child care center or a school.
C. 
Each fireworks stand operator must obtain a permit from the City on or before June first (1st ) of each year.
D. 
Stands shall not be set up prior to the last day of the New Melle Festival. There shall be no sale of fireworks prior to or after the dates set by the State of Missouri. Stands must be completely removed prior to July twelfth (12th) of each year.
E. 
Fireworks stands shall not sell or store fireworks within one hundred (100) feet of a permanent building.
F. 
Fireworks stands shall not sell or offer for sale gasoline or petroleum products.
G. 
Stands shall not employ persons under sixteen (16) years of age upon such premises. At least one (1) supervisory personnel twenty-one (21) years of age or older shall be in attendance at all times.
H. 
Stands shall not offer for sale such fireworks prior to 8:00 A.M. or after 10:00 P.M. on any day except on July first (1st), second (2nd) or third (3rd) of each year when the closing time shall be 11:00 P.M. and on July fourth (4th) when closing shall be 12:00 Midnight.
I. 
Stands shall not sell any goods or merchandise to any person under sixteen (16) years of age.
J. 
Stands shall not permit the consumption of alcoholic beverages within the area under the control of the fireworks stand operator.
K. 
Stands shall not permit the discharge of fireworks within the area under the control of the fireworks stand operator.
L. 
Stands shall not permit smoking or open flame within twenty (20) feet of where fireworks are offered for sale. "NO SMOKING" signs shall be prominently posted. All regulations of the New Melle Fire Protection District shall be adhered to concerning fire extinguishers, water barrels and buckets, and all other fire safety equipment deemed necessary by the Fire District.
M. 
Debris, paper, wrappers, etc., shall not be allowed to accumulate on the premises. At least one (1) empty dumpster shall be provided in addition to any filled dumpsters. Litter shall be picked up at a minimum of one (1) time each day.
N. 
Stands shall have a minimum of three (3) off-street parking spaces provided.
O. 
Stands shall provide a portable restroom facility if there is currently no restroom available on-site. Portable restroom facilities shall not be placed within one hundred (100) feet of a permanent building.
P. 
No person shall be allowed within the road right-of-way flagging traffic and no interference with the flow of traffic near the site of the fireworks stand shall be permitted. No flashing lights shall be permitted.
Q. 
A limit of three (3) signs is permitted per fireworks stand: one (1) of which shall be on site and a maximum size shall be four hundred (400) square feet and two (2) off-site signs will be permitted whose maximum size shall be limited to sixty-four (64) square feet per sign.
R. 
All fireworks stands must be inspected. approved, and monitored by the New Melle Fire District. A copy of the Certificate of Inspection shall be provided to the City prior to the sale of fireworks.
[Ord. No. 400, 6-13-2017]
The total permit fee is two thousand dollars ($2000.00) for each stand located within the City. Of this, fifty dollars ($50.00) is a non-refundable application fee payable upon submission of the application and the balance of one thousand nine hundred fifty dollars ($1950.00) is payable when the permit is issued.
[Ord. No. 400, 6-13-2017]
A. 
Each fireworks stand operator shall post a surety bond in the amount of five hundred dollars ($500.00), cash or cashier's check to assure compliance with the following conditions:
1. 
The operator shall observe all of the above provisions of this fireworks ordinance and all ordinances of the City of New Melle.
2. 
The operator shall completely remove the stand and acceptably clean up the area by the removal deadline established in Section 620.020, Subsection (D) of this Chapter.
3. 
The City is charged with the enforcement of the provisions of this Chapter and may call upon any St. Charles County Police Officer for assistance in the enforcement of the provisions of this Chapter. Upon failure or refusal of the stand operator to comply with the above conditions, the permit shall be revoked and the bond forfeited.
[Ord. No. 400, 6-13-2017]
The discharge of fireworks within the City limits shall be limited to June twenty-eighth (28th) through July sixth (6th) of the same year, between the hours of 12:00 P.M. and 11:00 P.M. only, unless authorized by the City. 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 minor during the discharge of the fireworks.