[Ord. No. 887, 6-23-2016]
A. 
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated below:
CONSUMER FIREWORKS
Explosive devices designed primarily to produce visible or audible effects by combustion and includes aerial devices and ground devices, all of which are classified as fireworks, UNO336, within 49 CFR Part 172.
FIREWORKS
Any composition or device designed primarily to produce visible or audible effects by combustion, deflagration or detonation and that meets the definition of consumer, proximate or display fireworks as set forth by 49 CFR Part 171 to end, United States Department of Transportation hazardous materials regulations. This term includes all types of fireworks as defined in Section 320.106, RSMo.
FIREWORKS STAND
Any building, counter, or other structure of a temporary nature used in the sale or display for sale of consumer fireworks.
PERSON
Any individual, corporation, association, partnership or individual group thereof, including non-profit, religious or community service organizations.
PYROTECHNIC DISPLAY
A professional entertainment feature where people gather to view the display or discharge of fireworks.
SALE OF FIREWORKS
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.
B. 
General Prohibitions. It shall be unlawful for any person to manufacture, warehouse, sell or offer for sale fireworks within the City limits, except any business, with a permanent building, duly licensed by the City of Wright City to sell or own fireworks, or as provided for by this Chapter.
C. 
General Exceptions. This Chapter 212 shall not apply to the following situations:
1. 
The necessary discharge of flares or torpedoes for signal purposes in connections with railroads or other means of transportation.
2. 
The use of blank cartridges, firearms or species of fireworks in connection with theatrical exhibitions.
3. 
The activities of any military or police organization for official purposes.
4. 
Any pyrotechnic display duly permitted by the City of Wright City.
a. 
Permits for use of fireworks in connection with a pyrotechnic display may be issued by the Board of Aldermen upon written application, after review by the Planning and Zoning Commission.
b. 
The Board of Aldermen may issue such a permit provided the following conditions are met:
(1) 
The applicant has appropriate insurance coverage which includes naming the City as a co-insured party;
(2) 
A licensed pyrotechnician will be responsible for the setting up and discharging the fireworks;
(3) 
Adequate public safety and traffic control will be provided; and
(4) 
The Fire Chief for the Wright City Fire District and the Chief of Police have reviewed the proposed plans for the pyrotechnic display and have provided their recommendations to the Board of Aldermen.
5. 
The sale of any fireworks by wholesalers to each other, or to the sale of any fireworks at wholesale to merchants conducting business entirely outside the City.
[Ord. No. 887, 6-23-2016]
A. 
Permits. Each permit for a fireworks stand shall require a City of Wright City conditional use permit, business license and such sign permits, and other permits as required by City ordinances (collectively, "fireworks stand permit").
B. 
Applications. Applications for fireworks stand permits must be applied for by April 1 of each year. Applications are subject to review under the conditional use permit provisions of City ordinances.
C. 
Transfer Of Permits. All fireworks stand permits approved and issued by the Board of Aldermen are personal to the applicant and are non-transferable. The sale of consumer fireworks or operations of a facility for the sale of consumer fireworks by someone other than the license holder shall void the permit and cause forfeiture of the permit and permit fee.
D. 
Permit Fees. Any person applying for a fireworks stand permit shall accompany said application with a fee of two thousand dollars ($2,000.00) for up to one thousand (1,000) square feet of retail space and four thousand dollars ($4,000.00) for over one thousand (1,000) square feet of retail space. Each site location shall require a separate permit and permit fee for a conditional use permit, business license, and applicable sign permit(s). If the Board of Aldermen does not approve the conditional use application, the permit fee shall be returned to the applicant. If the application is approved, then the total fee shall be retained by the City of Wright City as provided herein. All fees collected from fireworks stand permits shall go to the General Fund of the City.
E. 
Location. The site location is limited to property which is zoned as commercial or industrial. The fireworks stand shall be at least one hundred (100) feet from any other temporary or permanent buildings and at least two hundred (200) feet from any residence or housing unit. Off-street parking and loading for fireworks stands shall be provided in accordance with the regulations under Section 405.110 of the Municipal code.
F. 
Validity Of Permit. A fireworks stand permit shall not be valid for more than sixty (60) calendar days and shall not be effective prior to May 6 of each year, nor be effective after July 10 of each year. Sales are restricted to dates from June 20 to July 10. Date(s) of sales shall not exceed State Statutes.
G. 
Prohibition. The Board of Aldermen shall have the power and authority to limit or prohibit the sale and/or shooting or detonation of fireworks. In case of a declared emergency or extreme fire danger, the Mayor may prohibit the shooting or detonation of fireworks at any time and shall give notice thereof [see Section 212.040(C)].
H. 
Sale And Display Prohibited. The sale or offer for sale of non-consumer fireworks is prohibited in the City limits of Wright City. No person shall exhibit or have in his possession with intent to give away or sell or offer for sale within the City any consumer fireworks without first obtaining a business license issued by the City. Further, any temporary display with intent to give away or offer for sale consumer fireworks, in the City limits of Wright City, outside of June 20 to July 10 is strictly prohibited.
I. 
Cash Deposit. A cash deposit, irrevocable letter of credit or a surety bond made payable to the City of Wright City in the amount of ten thousand dollars ($10,000.00) for each location to be operated as a firework stand by the applicant shall be submitted. Such deposit, letter or bond shall ensure compliance with the provisions of this Chapter, including, but not limited to, the removal of the fireworks 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 Chapter. In the event the licensee does not comply with the provisions of this Chapter or does not remove the fireworks 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. 887, 6-23-2016]
A. 
Discharge Or Ignition Prohibited. Except as otherwise provided for in this Chapter, it shall be unlawful to discharge or ignite fireworks within the City limits of Wright City.
B. 
Throwing Or Placing To Endanger Person Or Property Prohibited. It shall be unlawful for any person to throw or place fireworks in such a manner that the explosion of same will be likely to endanger or cause injury or damage to any person or property. It shall be unlawful for any person to discharge or cause to be discharged any fireworks from a motor vehicle or towards a motor vehicle.
C. 
Limited Period Of Use. No person shall within the City discharge or explode any consumer fireworks except on the following dates and during the following times. July 1, July 2, July 3 and July 4 between 10:00 A.M. and 10:00 P.M. Consumer fireworks may be set off only upon private property. It shall be unlawful for any person to discharge or explode any consumer fireworks upon any public property or upon the private property of someone else, without obtaining his or her permission to do so.
[Ord. No. 887, 6-23-2016]
A. 
Enforcement. Police Officers are to enforce this Chapter strictly and without the use of warnings. Summonses are to be issued regardless of circumstances.
B. 
Adults Prohibited From Allowing Minors To Violate Fireworks Prohibition. No person or entity shall permit or allow a minor under the age of sixteen (16) years to possess, store, expose, use, explode, discharge, set off, or burn fireworks within the City limits of Wright City unless constant adult/parental supervision is present and only during the designated dates and times as set forth in Section 212.030(C). Should a person under the age of sixteen (16) be found to possess, store, sell, post for sale, expose, transfer to another, use, explode, discharge, set off, or burn fireworks the parent who failed to exert parental control shall be held responsible and will receive a summons for violating this Subsection of this Section.
C. 
Red Flag Warning. A red flag warning, which is also known as a fire weather warning, is a forecast warning issued by the United States National Weather Service to inform area firefighting and land management agencies that conditions are ideal for wildfire combustion, and rapid spread. After drought conditions, when humidity is very low, and especially when high or erratic winds which may include lightning are a factor, the red flag warning becomes a critical statement for firefighting agencies. Notwithstanding other provisions of this Chapter that permit the limited discharge of fireworks, upon duly given notice to the public, a fireworks ban may be declared upon the consensus of the Mayor, the Police Department and the Fire District based on a red flag warning.
D. 
Responsibility Of Property Owner Or Agent. It shall be unlawful for the owner, agent, or other qualified person to use, allow for use, consent to, or provide property within the limits of the City of Wright City for the unauthorized discharge of fireworks or other violation of the provisions of this Chapter.
E. 
Confiscation Of Fireworks. The Wright City Police Department is hereby authorized to confiscate fireworks from the possession of any person who is engaged in violation of this Chapter.
F. 
Notice Upon Confiscation. Any person who has fireworks confiscated under this Chapter shall be provided written notice at the time of the confiscation that within seven (7) days from the confiscation, the person may file a written request for a review with the Police Department setting out the specific facts for the claim that this Chapter has not been violated. The Chief of Police shall hear and determine the matter within ten (10) days of receipt of the written request for appeal. The decision of the Chief of Police shall be final.
G. 
Disposition Of Confiscated Fireworks. Fireworks confiscated under this Chapter 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 this Chapter. The Chief of Police is authorized to make arrangements for the storage of such fireworks in or out of the City limits at a safe storage facility. All evidentiary procedures will be followed regarding confiscated fireworks.
[Ord. No. 887, 6-23-2016]
A. 
Penalties.
1. 
Any person which violates the provisions of this Chapter shall be guilty of an offense and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation or by imprisonment for not less than five (5) days nor more than ninety (90) days in jail for each violation or both such fine and imprisonment.
2. 
If a person is convicted of a second or subsequent violation of the provisions of this Chapter within a twelve-month period, such person shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) for each violation or by imprisonment for not less than ten (10) days nor more than ninety (90) days in jail for each violation, or both such fine and imprisonment.