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HomeMy WebLinkAboutOrd.147.05-02-1984 ♦ 1 . r ' � BILL NO. 84-39 ORDINANCE N0. I � AN ORDINANCE REPEALING SECTION 11-24 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRAR- DEAU, MISSOURI, AND ENACTING A NEW CHAPTER 11, ARTICLE XIV PERTAINING TO FIREWORKS NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l. Section 11-24 of tne Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby repealed in its entirety. SECTION 2. Chapter 11 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by adding the following: "ARTICLE XIV. FIREWORKS. Sec. 11-350. Definitions. As used in this Article: 1. "Common Fireworks" , mean the following articles of fireworks which are classified as Common Fireworks under Class C Explosives in the Regulations: A. Ground and Hand-held Sparkling Devices Wire Sparkler, Dipped Stick - Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition may not exceed 100 grams per item. Those devices containing any chlorate or perchlorate salts are not to exceed 5 grams in total composition per item. Wire sparklers which contain no magnesium and which contain less than 100 grams of composition per item are not included in this category, in accordance with the Regulations of the U.S. Department of Transportation, Cylindrical Fountain - Cylindrical tube not exceeding 3/4 inch in inside diameter containing up to 75 grams of pyrotechnic composition. Fountains produce a shower of color and sparks upon ignition, and sometimes a whistling effect. Cylindrical fountains may contain a spike to be inserted in the ground (spike fountain) , a wooden or plastic base to be placed on the ground (base fountain) , or a wooden handle or cardboard handle for items designed to be hand-held (handle fountain) . ���,ti,� � f k �►� � 6�i � Cone Fountain - Cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain. Illuminating Torch - Cylindrical tube containing up to 100 grams of pyrotechnic composition. Upon ignition, colored fire is produced. These may be either spike, base, or handle-type devices. Wheel - Pyrotechnic device attached to a post or tree by means of a nail or string. Wheel contains up to six "driver" units - tubes not exceeding 1/2 inch in inside diameter that may contain up to 60 grams of composition per driver unit. Upon ignition, the wheel revolves, producing a shower of color and sparks and sometimes a whistling effect. Ground Spinner - Small device similar to wheels in design and effect placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device. Flitter Sparkler - Narrow paper tube filled with pyro- technic composition that produces color and sparks upon ignition. These devices do not use a fuse for ignition. The paper at one end of the tube is ignited to make the device function. B. Aerial Devices Sky Rocket - Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color or noise or both is pro- duced at the height of flight. Total propellant charge alone may not be less than four grams nor more than twenty grams each in weight. Missle-type Rocket - Device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability. Helicopter, Aerial Spinner - A tube not exceeding 1/2 inch in inside diameter that may contain up to 20 grams of pyrotechnic composition. Some type of propeller or blade device is attached, and upon ignition the rapidly spinning device lifts into the air. A visible or audible effect is produced at the height of flight. Roman Candle - Heavy paper or cardboard tube not ex- ceeding 3/8 inch in inside diameter that contains up to 20 grams of pyrotechnic composition. Upon ignition, up to ten "stars" (pellets of pressed pyrotechnic com- position that burn with bright color) are individually expelled at several-second intervals. 2. . - Mine, Shell - Heavy cardboard or paper tube up to 2-1/2 inches in inside diameter with a wooden or plastic base attached, containing up to 40 grams of pyrotechnic composition. Upon ignition, "stars" (see ��Roman Candle" � � firecrackers (see "C. Ground Audible Devices") , whistles, parachutes, or combinations of these effects are propelled ��� into the air, with the tube remaining on the ground. C. Ground Audible Devices Firecrackers, Salute - Small paper-wrapped or cardboard tube that may not contain more than 50 mg of pyrotechnic composition. Noise, accompanied by a flash of light, is produced upon ignition. D. Combination Items Fireworks devices containing combinations of two or more of the effects described in the preceding cate- gories. , 2. "Explosive Composition" means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited. 3 . "Fireworks" mean any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation. 4. "Fireworks Stand" means a temporary structure used exclusively for the sale of fireworks and related items. 5. "Novelties" include the following devices: A. Snake, Glow Worm - Pressed pellet of pyrotechnic com- position th�t produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thio- cyanate. B. Smoke Device - Tube or sphere containing phrotechnic composition that produces white or colored smoke upon ignition as the primary effect. C. Wire Sparkler - Wire coated with pyrotechnic composition that produced a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed 5 grams of composition per item. 3 . 6. "Permissible Fireworks" , mean those fireworks permissible for sale to and use by the general public and described in this Article as: (a) common fireworks, (b) novelties and (c) trick noisemakers. 7. "Pyrotechnic Composition" means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. Pyrotechnic compositions will not explode upon ignition unless severely confined. 8. "Regulations" , mean the regulations heretofore issued by the Interstate Commerce Commission and published in 49 CFR Part 173. 9. "Special Fireworks" , mean all articles of fireworks that are classified as Special Fireworks under Class B Explosives in the Regulations. 10. "Trick Noisemakers" mean items that produce a small report intended to surprise the user. These devices include: A. Party Popper - Small plastic or paper item containing not in excess of 16 mg of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper stream- ers and producing a small report. B. Booby Trap - Small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report. C. Snapper - Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes. D. Trick Match - Kitchen or book match that has been coated with a small quantity of explosive or pyro- technic composition. Upon ignition of the match, a small report or a shower of sparks is produced. E. Cigarette Load - Small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced. F. Auto Burglar Alarm - Tube which contains pyrotechnic composition that produces a loud whistle or smoke when ignited. A small quantity of explosive, not exceeding 50 mg, may also be used to ignite the device. 4. Sec. 11-351. Fireworks; restrictions on use. Except as hereinafter provided, it shall be unlawful for any individual, firm, partnership, corporation, or association to possess for sale within the City of Cape Girardeau, sell or offer for sale at retail, or use, within the City of Cape Girardeau any fireworks other than permissible fireworks. Sec. 11-352. License required. Each dealer in fireworks, at wholesale or retail, before selling any article of fireworks shall obtain from the City Collector, a license to sell fireworks for each location at which fireworks are to be offered for sale. Each license shall bear the date of expiration on the face thereof, shall designate the location for which it is granted, shall not be transferable, and shall only be issued after inspection and approval of the premi- ses by the Fire Inspector. Each license for a wholesale location shall be for a period of not more than one (1) year. Each license for a retail location shall be for not more than two (2) weeks. Sec. 11-353 . Common fireworks nomenclature. No article of Common Fireworks shall be sold or offered for sale at retail unless it shall be properly named to conform to the nomenclature in Section 11-350 hereof, and unless its clas- sification as Common Fireworks is certified to by. imprinting on the article or retail container "I.C.C. Class C Common Fireworks, " such imprinting to be. of sufficient size and so positioned as to be readily recognized. Sec. 11-354 . Special fireworks; permit for public display. The Fire Chief may issue a permit for a maximum period of twenty-four (24) consecutive hours for the possession and use of special fireworks for the purpose of organized public fireworks exhibitions, provided that the permit holder takes adequate safety precautions to protect the public from injury or property damage, and provided that the exhibition is conducted by skilled, qualified persons. Sec. 11-355. Safety Requirements. A. No permissible fireworks may be sold at retail without a retail license. The license must be on display at the location where the retail sale takes place. B. No license shall be issued for any location where paints, oils or varnishes are manufactured or kept for use or sale nor where rosin, turpentine, gasoline or other similar inflammable substances or any substance which may generate inflammable vapors is used, stored or offered for sale or where the Fire Inspector shall 5. determine that any condition exists which makes the storage or sale of fireworks at such location unusually hazardous. C. No fireworks shall be stored, kept, sold, or discharged within one hundred (100) feet of any gasoline pump, gasoline filling station, gasoline bulk station, or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon. D. Each licensee shall keep and maintain at least two, five (5) pounds each, A.B.C. Dry Chemical fire ex- tinguishers within a 2-A rating or over, mounted in plain view, per location. E. At all places where fireworks are sold or displayed, the words "NO SMOKING" must be posted in letters at least four (4) inches in height. Two such signs shall be prominently displayed at each location. F. No fireworks shall be discharged within seventy-five (75) feet of any fireworks retail sales location. G. No fireworks shall be sold or discharged within 600 feet of any church, hospital or school building. H. It shall be unlawful to offer for sale or to sell any fireworks to children under the age of twelve years or to any intoxicated or irresponsible person. I. No person shall expose fireworks in any location where the sun may shine through glass on the fireworks dis- played, or permit the presence of lighted cigars, cigarettes or pipes or on the premises where fireworks are offered for sale. J. No person shall ignite or discharge any fireworks within or throw the same from a motor vehicle while within, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people. K. No fireworks shall be sold other than at a licensed fireworks stand. No fireworks stand shall be located within fifty (50) feet of any building. Sec. 11-356. Dates and hours of sale and use. No fireworks may be sold except between the hours of 8 : 00 A.M. and 10 : 00 P.M. each day during the period from June 20th to July 4th of each year. No person shall discharge, ignite or explode any article of fireworks except between the hours of 8 : 00 A.M. and 10 : 00 P.M. 6. during the period from June 20th to July 3rd of each year, and between the hours of 8 : 00 A.M. and 12 : 00 P.M. on July 4th of each year. Sec. 11-357. Exclusions. Nothing in this Article shall be construed as applying to Toy Paper Caps containing not more than an average of twenty-five hundredths of a grain of explosive composition per cap, and packed in conformance with the Regulations, or as prohibiting the storage of Special Fireworks for public display as provided in Section 11-354 . Nothing in this Article shall be construed as applying to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or of illuminating devices for photographic use, nor as applying to the Military or Naval Forces of the United States, or of this State, or to Peace Officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical or athletic events. Sec. 11-358. Penalties. Violation of any of the provisions of this Article shall be punishable by a fine of not more than Five Hundred Dollars ($500. 00) , or imprisonment for not more than three (3) months, or both. Violation of any of the provisions of this Article in addition to a fine or imprisonment shall cause an immediate and automatic revocation of all licenses or permits issued pursuant to this Chapter, and the violator shall be prohibited from sell- ing fireworks within the City for a period of two (2) years. Furthermore, any violation which involves the sale or use of "forbidden fireworks" shall cause an automatic forfeiture of that merchandise to the City. SECTION 3. Section 11-320 through and including Section 11- 349 of the Code of Ordinances of the City of Cape Girardeau, Missouri, are hereby reserved. SECTION 4 . It is the intention of the governing bady and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. SECTION 5 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 7 . M SECTION 6 . All prior ordinances or portions thereof which are contrary to or inconsistent with the provisions of this ordinance are hereby repealed to the extent of the contradiction or inconsistency. 5ECTION 7 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS �� DAY OF G' ����- 19s�. ' /�u,� � � MAYOR ATTEST: � U . ��-C -�__�,,,�1 �---- -� CITY C ERK 8.