Lexington Mayor Pro-tem G. Scott Lynn reminded residents about the city’s ordinance involving fireworks on a post on Lexington Fire and Rescue’s Facebook page on Thursday, June 27.
The post says: “An ordinance of the city of Lexington revising the city code by revising the city code by repealing section 9-46 regarding fireworks and enacting one new section in lieu thereof.”
“SECTION 9-46. Fireworks — Discharge and Sale Unlawful — When
A. It shall be unlawful for any person, firm or corporation to store, sell or offer for sale fireworks of any type within the City limits; provided, however, notwithstanding any ordinance or Fire Code provision to the contrary, sale of fireworks shall be permitted by local, non-profit, religious or community service organizations within the City limits under the following conditions:
1. Such organizations must obtain a Seasonal Fireworks Permit from the City
2. Permits will be valid from the date of purchase until January 2nd.
3. Any such local, non-profit, religious or community service organization desiring to sell or offer for sale permitted fireworks within the City limits shall make written application to the City Clerk and pay a fee of fifty dollars ($50.00).
4. All applications must contain the name of the applicant, in addition to a detailed description of the proposed location and the provisions to be taken pursuant to fire protection.
B. A holder of a Seasonal Fireworks Permit may only sell fireworks during the fireworks seasons, from the 20th day of June through the 10th day of July and from the 2nd day of December through the 2nd day of January of the next year.
C. All permits issued are personal to the applicant and non-transferable. The sale of fireworks or operation of a facility for the sale of fireworks by someone other than the license holder shall void the permit and cause forfeiture of the permit fee.
D. At no time shall an aerial “fireworks” commonly known or described as “bottle rockets” be sold or discharged within the Lexington City limits, nor shall any fireworks prohibited under the laws of the State of Missouri be sold within City limits.
E. Location and Operation of Seasonal Fireworks Permit Locations. The site location is limited to property which is zoned for commercial or industrial use and the actual stand, tent or facility shall be at least one hundred (100) feet from any temporary or permanent building.
1. The stand, tent or facility shall not be opened until it has been inspected by the City Fire Inspector and/or Fire Chief.
2. At each entrance of each place of sale of fireworks, a sign shall be posted setting forth the dates and times when fireworks may be fired.
3. Consumer fireworks shall be sold to the general public only from permitted seasonal retail sites and only during the fireworks season.
4. It is unlawful for any person under the age of sixteen (16) to sell fireworks or work in a facility where fireworks are stored, sold, or offered for sale unless under the supervision of an individual at least eighteen (18) years of age.
5. Seasonal retail permit locations shall be in compliance with all applicable building and fire regulations and may be subject to a fire safety inspection by Fire Chief or his designee at any time when open to the public.
F. Portable Fire Extinguishers.
1. Every seasonal retail sales location shall have not less than two (2) portable fire extinguishers with a minimum 2A rating, at least one (1) of which shall be a pressurized water type.
2. Temporary seasonal retail sales locations less than two hundred (200) square feet in area shall be required to have at least one (1) portable fire extinguisher with a minimum 2A rating.
3. The maximum travel distance to a fire extinguisher in any seasonal retail sales location shall be no greater than thirty-five feet (35′).
4. All fire extinguishers shall be inspected annually by a fire extinguisher company and have documentation to this effect attached to them.
5. All fire extinguishers shall be located in an accessible location to the staff.
6. Employees shall be trained to operate fire-extinguishing equipment and shall be required to exhibit their skill when requested the Fire Chief or his designee.
G. The area located within thirty feet (30′) of a retail sales location shall be kept free of accumulated dry grass, dry brush, and combustible debris.
H. No permit holder shall knowingly allow an open flame or smoking within twenty-five feet (25′) of a place where fireworks are manufactured, stored, kept, or offered for sale;
I. Fireworks shall not be ignited, discharged, or otherwise used within one hundred feet (100′) of any location where fireworks are stored, sold, or offered for sale.
1. At least one (1) sign that reads as follows, in letters at least four inches (4″) high on a contrasting background shall be conspicuously posted at each entrance of seasonal retail sales locations:
NO FIREWORKS DISCHARGE
WITHIN 100 FEET
J. No Smoking Signs.
1. Smoking shall not be permitted inside or within twenty-five feet (25′) of the seasonal retail sales area.
2. One (1) or more signs reading, “FIREWORKS NO SMOKING” shall be displayed at each entrance of seasonal retail sales locations in letters not less than four inches (4”) in height on a contrasting background.
K. Separation Distances.
1. No motor vehicle shall be parked within ten feet (10′) of a seasonal retail sales location.
2. Portable generators shall be located not less than twenty feet (20′) from a seasonal retail sales location.
L. No fireworks shall be displayed for sale or stored within two feet (2′) of any public exit, or private entrance or exit in an enclosed building.
M. It shall be unlawful for any person to throw or place any fireworks, including pyrotechnic devices, in such a manner that the explosion of same will be likely to endanger or cause injury or damage to any person or property; provided, further, that it shall be unlawful for the person to shoot or detonate fireworks of any nature within the City limits except from July 1st through July 5th of each year, and special events declared by the City Council, and only then during the following time periods:
1. Sundays thru Thursdays from 8:00 a.m. until 11:00 p.m.
2. Fridays and Saturdays from 8:00 a.m. until 12:00 a.m. (midnight).
N. It shall be unlawful for any person to detonate any fireworks:
1. on any municipally owned property without specific permission of the City Council;
2. on private property without specific permission of the property owner;
3. within an area designated as a hospital or school zone;
4. within one hundred (100) feet of any premises providing for the sale of gasoline, or any other appreciable quantity of an otherwise explosive combustible material.
1. Fireworks shall not be stored, kept, or sold within fifty feet (50′) 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 (1) gallon.
2. Fireworks shall not be manufactured, stored, kept or sold within one hundred feet (100′) of any dispensing unit for ignitable liquids or gases.
5. It is unlawful to explode or ignite consumer fireworks within six hundred feet (600′) of any church, hospital, mental health facility, or school or within one hundred feet (100′) of any location where fireworks are stored, sold or offered for sale.
6. No person shall ignite or discharge fireworks within three hundred feet (300′) of any permanent storage of ignitable liquid, gases, gasoline pump, and gasoline filling station.
7. No person shall ignite or discharge any fireworks within or throw the same from or into a motorized vehicle including watercraft or any other means of transportation or at or near any person or group of people, except where display permit has been issued for a floating vessel or floating platform
O. The shooting or detonating of fireworks is allowed at other times and on other dates than the times and dates specified above for special events where a professional pyro technician is used to put on a fireworks display. The applicant must obtain prior written approval from the Fire Department and provide said approval to the City at least fourteen (14) days prior to the special event. The City may issue a permit for detonating fireworks at the special event at least seven (7) days prior to the special event date. If the City denies the permit, the applicant may request approval from the City Council.
P. No person shall throw, cast, or hurl any fireworks, torpedoes, or combustible materials from any automobile while being driven and operated within the corporate limits of the City of Lexington.
Q. It shall be at the discretion of the Police Chief, Fire Chief and City Administrator jointly to decide to ban the discharge of all fireworks in emergency or fire hazard situations.
R. It shall be unlawful to attempt to sell or to sell at retail any fireworks to children under the age of fourteen (14) years except when such child is in the presence of a parent or guardian.
S.The consumption or possession of alcoholic beverages in any seasonal retail sales location is prohibited during business hours. Any person selling fireworks shall not knowingly sell consumer fireworks to any person who is obviously under the influence of alcohol or drugs
T. Any person violating any of the terms and provisions of this Section shall be deemed guilty of a misdemeanor, punishable under Section 1-8 of the Lexington Code of Ordinances.
SECTION 2. That all existing ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
SECTION 3. That should any section, sentence or clause of this Ordinance be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining sections, sentences or clauses.
SECTION 4. That this Ordinance shall be in full force and effect from and after the date of its passage and approval.
Read the first time by title only and approved by the City Council of the City of Lexington, Missouri, this 25th day of June, 2019.
Read the second time by title only and approved by the City Council of the City of Lexington, Missouri, this 25th day of June, 2019.