Fulton Sale and discharge of fireworks ordinance (§ 78-112)

The provisions of this section represent the City of Fulton's regulations and prohibitions of fireworks within its city limits and shall not supersede the State of Missouri's laws and regulations concerning fireworks.

(a) Definitions.

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, UN0336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as Class C Common Fireworks by regulation of the United States Department of Transportation.

Display fireworks. Explosive devices designed primarily to produce visible or audible effects by combustion, deflagration or detonation. This term includes devices containing more than two grains (130MG) of explosive composition intended for public display. These devices are classified

as fireworks, UN0335, 1.3G by regulation of the United States Department of Transportation, as amended from time to time, and which were formerly classified as Class B Display Fireworks by regulation of the United States Department of Transportation.

(b) Consumer fireworks.

(1) Period of sale limited. The fireworks season shall be the period, beginning on the twentieth day of June and continuing through the tenth day of July of the same year and the period beginning on the twentieth day of December and continuing through the second day of January of the next year, which shall be the only period of time that seasonal retailers may be permitted to sell consumer fireworks.

(2) Business license/approval required. A business license must be obtained from the city clerk's office during normal business hours and prior to the sale of fireworks in the city. Approval from the state fire marshall's office and the city fire department is also required.

(3) Discharge lawful—When. The discharge, detonation or shooting of consumer fireworks shall only be permitted between the hours of 1:00 p.m. and 11:00 p.m. on the third, fourth and fifth of July each year, and on December 31 between the hours of 11:00 p.m. and 1:00 a.m. New Year's Day.

The discharge, detonation or shooting of fireworks at any other time is prohibited except by special approval of the city council.

(4) Disturbance of the peace. If a written (signed) complaint is received and verified by the city police department for disturbance of the peace of the neighbors, discharging shall immediately cease.

(5) Restrictions on throwing/discharging fireworks. It is hereby declared to be unlawful for any person to throw (shoot) fireworks out of vehicles, under vehicles, at vehicles, at buildings, at people, or in the vicinity of a church service (500 feet), on any public street or other public place within the city.

(c) Display fireworks.

(1) Licensed operator required. Effective August 28, 2004 Missouri State Statute (RSMo 320.126.4) became law requiring all fireworks displays "shall be supervised, managed, or directed by a Missouri licensed operator or pyrotechnic operator on site", operators must be licensed by the division of fire safety. Assistants shall be at least 18 years old.

(2) Permit required. The city does require a fireworks display permit. Fire department officials will conduct an inspection to make sure the display will meet all state or local laws and regulations. The fire department will also stand by at permitted public displays to ensure safety and proper handling of pyrotechnics.

(3)

Approval to discharge in city parks. It shall be unlawful to discharge (shoot) display fireworks in city parks without the special approval of the city council.

(d) Cancellations. In dry, adverse or drought weather conditions the fire chief, his designate or other official designated by the city council may cancel or limit the use of fireworks in the city.

(e) Penalty. Any person who violates this section shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished in accordance with section 1-20 of this Code.