1397 Bill No. 397 Fireworks

AN ORDINANCE OF THE CITY OF RICH HILL REGULATING THE SALE AND USE OF FIREWORKS IN THE CITY LIMITS OF RICH HILL, MO

 

 

BE IT ORDAINED by the Board of Aldermen of the City of Rich Hill, Missouri as follows:

 

SECTION 1: Fireworks

 

For the purposes of this ordinance, the term fireworks shall mean and include any combustible or explosive compositions or any substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation which requires fire or explosives to detonate or propel the same.

 

SECTION 2: Provisions for storage, licensing and selling.

 

Except as otherwise provided in this Ordinance, it shall be unlawful for any person, firm or entity to store, sell or offer for sale fireworks of any type within the city limits, provided however, the City will allow fireworks stands, by permit, if located on property adjacent to Old 71 Highway (also known as 14th Street) for a period beginning from June 20th through July 4th at 12:00 o’clock midnight of each year, and through the event until 10:00 p.m.

  1. Fireworks shall not be sold or kept for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept in unbroken containers, unless kept in a separate and distinct section or department of the said place of business. Two (2), two and one-half (2-1/2) pound fire extinguishers shall be provided and kept in close proximity to the stock of fireworks in all buildings and small stands temporarily erected to be used as a place for storing and selling fireworks only.
  2. “NO SMOKING” signs shall be displayed in a clearly visible location.
  3. It shall be unlawful for any person to throw, use, explode, detonate or shoot any fireworks within 100 feet of the place of fireworks sales.

 

SECTION 3: Application for permit.

 

Any person, firm or entity desiring to sell or offer to sale fireworks of any type within the city limits shall make application by filing a written request with the city clerk no later than May 15th of the year in which the sales are to occur.

  1. The granting or denials of applications for permits shall be at the sole discretion of the Board of Alderman. All applications shall contain the name of applicant, in addition to a detailed description of the location of sale site or sites, type of structure from which sales are to be made and provisions for fire protection.
  2. The Board of Aldermen will make a decision on approval/denial permit requests no later than May 31st of each year.
  3. All permits issued and approved are personal to the applicant and nontransferable. The sale of fireworks or operation of place of sale by any one other than the permittee shall void the permit and cause forfeiture of the permit.
  4. Upon approval of permit by Board of Alderman, permit will be issued to successful applicant(s) upon their presentation of State fireworks permit and completion of successful criminal background check. Applicant will pay for cost of background check.
  5. Proof of liability insurance in the amount of $1,000,000.00 with the City of Rich Hill listed as an additional insure on the policy shall be provided to City Clerk. Permittee shall be required to indemnify and hold harmless the City of Rich Hill, Missouri from any and all claims, demands, judgments and expenses, including reasonable attorney fees and litigation costs, arising out of all activities conducted by Permittee in connection with the sale of fireworks under the permit.
  6. Successful applicant for fireworks permit shall be required to display a sign stating that fireworks may only be detonated or shot off within the city limits from June 20th to July 3rd until 10:00 p.m. and July 4th to midnight, and through the event until 10:00 p.m.
  7. Successful applicant will be required to pay a $100.00 fee.

 

Section 4: Use of fireworks with aerial trajectory prohibited.

 

It shall be unlawful for any person to possess with intent to discharge, throw, use, explode, detonate or shoot, within the city limits, bottle rockets, rockets of all types and sizes and any and all fireworks with an aerial trajectory having a cylinder or cartridge that is not intended to be completely consumed before landing.

 

Section 5: Use of other fireworks limited.

 

It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such manner that the explosion of same will likely endanger or cause injury or damage to any person or property; provided further that it shall be unlawful for any person to shoot or detonate fireworks of any nature within the city limits except on June 20th to July 3rd until 10:00 p.m., through the event until 10:00 p.m., and July 4th to midnight of each year.

 

Section 6: Exceptions to Fireworks Prohibition

 

Nothing in this Ordinance shall prohibit:

  1. The sale or use of ammunition or firearms, blank cartridges for sporting, theatrical, police or military purposes, or caps for cap pistols or fuses and signal for use by railroads or trucks or prohibit any resident wholesaler, dealer or jobber from selling fireworks at wholesale for shipment and delivery outside the City.
  2. The sale or use of fireworks to competent adults for a fireworks or pyrotechnic display open to the general public given by an organization, lodge, club, amusement park or group of individuals; provided however, that a permit for such use first be secured from the Fire Chief following an application that sets forth the following information:
    • name of group or organization sponsoring the display;
    • date and time of display;
    • exact location planned for the display;
    • name, address, age and physical condition of the persons who are to do the actual firing or discharging of the display;
    • type of fireworks to be used; and
    • manner and place of storage of the fireworks while in the City.

If, after an investigation, the Fire Chief shall be satisfied that the display will be conducted safely, the Fire Chief shall issue a permit.

 

Section7: Penalty for Violation.

 

Any person, firm or corporation violating the provisions of this ordinance shall, upon conviction, be fined not less than one dollar ($1.00) and no more than five hundred dollars ($500.00) for each and every offense.

Any ordinances or parts of ordinances in conflict with this ordinance are herby repealed.

 

This ordinance read two times and passed this 23rd day of April, 2013.

 

 

_____________________________

Richard Miller, Mayor

 

ATTEST

 

 

__________________________________

Tonya Perryman, City Clerk

 

Ayes: Moreland, Pilcher, Perkey-Ewing, Becker.

Nays: None

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