[Ord. No. 400, 6-13-2017]
The definition of "Fireworks" shall be as follows:
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.
