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HomeMy WebLinkAbout2006-006 - Amendments to Chapters 210 and 605 of the Municipal Code,`. BILL N0.2006-06 ORDINANCE N0.2006-06 AN ORDINANCE AMENDING TITLE II, CHAPTER 210 AND TITLE VI, CHAPTER 605 OF THE MUNICIPAL CODE OF THE CITY OF RIVERSIDE, MISSOURI, BY REVISING AND RESTATING SECTION 210.260, REGARDING FIREWORKS, SECTION 605.320, REGARDING THE SALE OF FIREWORKS AND FIREWORKS OCCUPATIONAL LICENSES, AND SECTION 605.030, REGARDING THE SCHEDULE OF LICENSE FEES WHEREAS, the City of Riverside, Missouri (the "Cit}~') has in place regulations addressing the discharge and sale of fireworks within the City, and the requirements for obtaining and maintaining an occupational license for the sale of fireworks; and WHEREAS, the City and its staff have conducted a comprehensive review of the City's Municipal Code (the "Code") sections regarding the discharge and sale of fireworks, and the business licenses related thereto, and have determined that certain of such provisions must be revised and clarified so as to allow for greater ease of use, uniformity, simplicity, and safety; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the amended and restated Code provisions regarding the discharge and sale of fireworks to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City; and NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. Section 210.260 of the Municipal Code of the City of Riverside, Missouri is hereby revised to read as follows: SECTION 210.260: FIREWORKS A. Definitions. As used in this Section, the following words shall have the meanings set out below: CITY.• The City of Riverside, Missouri. FIREWORKS: Explosive devices designed primarily to produce visible or audible effects by combustion, including 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. B. It shall be unlawful for any person to use or discharge any "bottle rockets," as defined in Section 605.320(A) within any part of the City. ~, .. r ~, i C. It shall be unlawful for any person to use, ignite or discharge any fireworks within any of the following areas in the City: 1. Within one hundred twenty-five (125) feet of any building or structure. 2. Within six hundred (600) feet of any church; hospital, medical facility, asylum, public school, library, or day care facility; or within three hundred (300) feet of a permanent structure where fireworks are stored, sold, or offered for sale. 3. Within or throw the same from a motor vehicle, or place or throw the same into or at a motor vehicle, or at or near any person or group of people. 4. Within three hundred (300) feet of any gasoline pump, gasoline filling station, or any non-permanent structure where fireworks are stored, sold or offered for sale; or within three hundred (300) feet of any structure which is marked according to the National Fire Protection Association's Hazardous Material Identification System as "flammable" or "water reactive." D. Nothing in Section 210.260(C) shall be construed to prevent persons with licenses issued pursuant to Section 605.320 from demonstrating or testing fireworks provided that any such demonstration or test shall require the notification and the written approval of the Department of Public Safety. E. Fireworks may only be used, ignited, and/or discharged at the following times: 1. From 10:00 p.m. on December thirty-first (12/31) until 1:00 a.m. on January first (1/1); and 2. From 10:00 a.m. to 10:00 p.m. each day during the period of June twenty-sixth (6/26) to July second (7/2) and on July fifth (7/5); and 3. From 10:00 a.m. to 12:00 a.m. (midnight) each day on July third (7/3) and July fourth (7/4). F. Any person who violates any provision of this Section shall, upon conviction thereof, be fined a sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or by imprisonment in the City Jail for a term not exceeding ninety (90) days, or by both such fine and such imprisonment. Each instance of unlawful use or discharge shall constitute a separate offense and shall be punishable as such hereunder. 2 C. It shall be unlawful for any person to use, ignite or discharge any fireworks within any of the following areas in the City: 1. Within one hundred twenty-five (125) feet of any building or structure. 2. Within six hundred (600) feet of any church, hospital, medical facility, asylum, public school, library, or day care facility; or within three hundred (300) feet of a permanent structure where fireworks are stored, sold, or offered for sale. 3. Within or throw the same from a motor vehicle, or place or throw the same into or at a motor vehicle, or at or near any person or group of people. 4. Within three hundred (300) feet of any gasoline pump, gasoline filling station, or any non-permanent structure where fireworks are stored, sold or offered for sale; or within three hundred (300) feet of any structure which is marked according to the National Fire Protection Association's Hazardous Material Identification System as "flammable" or "water reactive." D. Nothing in Section 210.260(C) shall be construed to prevent persons with licenses issued pursuant to Section 605.320 from demonstrating or testing fireworks provided that any such demonstration or test shall require the notification and the written approval of the Department of Public Safety. E. Fireworks may only be used, ignited, and/or discharged at the following times: From 10:00 p.m. on December thirty-first (12/31) until 1:00 a.m. on January first (1/1); and 2. From 10:00 a.m. to 10:00 p.m. each day during the period of June twenty-sixth (6/26) to July second (7/2) and on July fifth (7/5); and 3. From 10:00 a.m. to 12:00 a.m. (midnight) each day on July third (7/3) and July fourth (7/4). F. Any person who violates any provision of this Section shall, upon conviction thereof, be fined a sum of not less than fifty dollars ($50.00) nor more than five hundred dollazs ($500.00), or by imprisonment in the City Jail for a term not exceeding ninety (90) days, or by both such fine and such imprisonment. Each instance of unlawfizl use or dischazge shall constitute a sepazate offense and shall be punishable as such hereunder. 2 Section 2. Section 605.320 of the Municipal Code of the City of Riverside, Missouri is hereby revised to read as follows: SECTION 605.320: SALE OF FIREWORKS AND FIREWORKS OCCUPATIONAL LICENSE A. Definitions. For the purpose of this Section, the following words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely precatory. BOTTLE ROCKET.• A type of firework that is attached to a stick and is designed to ascend into the air, with (i) a casing size of less than three-eighths of an inch (3/8") for the outside diameter and less than two and one-half inches (2 1/2") in length, and (ii) an overall length, including stick, of less than twelve inches (12"). CITY.• The City of Riverside, Missouri. DISTRIBUTOR: Any person engaged in the business of selling fireworks to wholesalers, jobbers, seasonal retailers, other persons, or governmental bodies that possess the necessary permits as specified in Sections 320.106 to 320.161, RSMo., including any person that imports any fireworks of any kind in any manner into the State of Missouri. FIREWORKS: Explosive devices designed primarily to produce visible or audible effects by combustion, including 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. FIREWORKS SEASON.• The period beginning on the twentieth (20th) day of June and continuing through the fifth (5th) day of July of the same year and the period beginning on the twentieth (20th) day of December and continuing through the second (2nd) day of January of the next year, which shall be the only periods of time that seasonal retailers may be permitted to sell fireworks. JOBBER: Any person engaged in the business of making sales of fireworks at wholesale or retail, within the State of Missouri to non-licensed buyers for use and distribution outside the State of Missouri during a calendar year from the first (1st) day of January through the thirty-first (31st) day of December. 3 ~, r Q, i .. MANUFACTURER: Any person engaged in the making, manufacture, assembly or construction of fireworks of any kind within the State of Missouri. PERMANENT STRUCTURE.• Buildings and structures other than tents, mobile homes and trailers. PERSON.• Any person, partnership, firm, association or corporation. SEASONAL RETAILER: Any person within the State of Missouri engaged in the business of making sales of fireworks in Missouri during a fireworks season as defined in Subsection (C) of this Section. SELL OR SALE: The act of selling, attempting to sell and offering for sale, and shall include exchange, barter and giving away for no consideration. STAND: Any non-permanent structure or tent which is used solely for the purpose of selling fireworks. WHOLESALER: Any person engaged in the business of making sales of fireworks to any other person engaged in the business of making sales of fireworks at retail within the State of Missouri. B. License Required. It shall be unlawful for any person to manufacture, sell, or distribute any fireworks within the City limits or to ship or cause to be shipped into the City, except as herein provided, any item of fireworks unless such person shall have first obtained from the City Clerk the required applicable occupational license as a manufacturer, distributor, wholesaler, jobber or seasonal retailer for the sale of such fireworks from and shall have paid to the City Clerk the fee prescribed herein, if applicable. C. License Term. All licenses except for seasonal retailers shall be for the calendar year or any fraction thereof and shall expire on the thirty-first (31st) day of December of each year. The term of licenses for seasonal retailers shall constitute the following two (2) time periods, the first (1st) shall commence at 12:01 A.M. on June twentieth (20th) and expire at Midnight on July fifth (5th) and the second (2nd) shall commence at 12:01 A.M. on December twentieth (20th) and expire at Midnight on January second (2nd). It shall be unlawful to sell fireworks at retail in the City at any time not authorized pursuant to the applicable license. D. Seasonal Retailer Licensing Requirements and Procedure. The following licensing requirements and procedure will apply to those persons applying for an occupational license as a seasonal retailer: 1. Application Period. The City will begin accepting applications on April 1 of each year. For each license requested, a complete application, all necessary supporting documents, and the license fee for the license must be received by the City on or before April 15. 4 2. Separate License Required. Each seasonal retailer must obtain a sepazate occupational license for each physical sale location. 3. Application Made by Both Seasonal Retailer and Landowner. Both the seasonal retailer and the landowner (if different persons) must execute the license application for each sale location. a. To verify ownership of the property to be licensed, a license application must include a copy of the paid real estate tax receipt for the proposed sale location property for the prior year. If the property has been transferred since the date of the tax receipt, a certified copy of the deed of conveyance must also be submitted. 4. Proof of Insurance Required. The seasonal retailer and landowner must submit proof of hazard insurance in the amount of at least $2,000,000.00 per occurrence, naming the City as an additional insured. The amount of insurance shall not be subject to possible reduction below the minimum under an aggregate limit which includes occurrences at locations not licensed by the City. The seasonal retailer and landowner must also execute an indemnity, on the form provided by the City, indemnifying the City and its employees from all claims and losses. 5. Proposed Parking Plan Required. A parking plan specifying how the seasonal retailer will comply with the requirements of Subsection (O) of this Section must be submitted with the license application. 6. Seasonal Retailer License Fee. The fee for a seasonal retailer license shall be one thousand five hundred dollars ($1,500.00) per license. E. Number of Wholesale Licenses and Wholesale License Fees. No more than two (2) occupational licenses to sell fireworks at wholesale shall be issued by the City for any year. The annual fee for an occupational license to sell fireworks at wholesale shall be one thousand five hundred dollars ($1,500.00) and such wholesale license shall authorize the holder thereof to sell fireworks also at retail at the same location in compliance with the provisions of this Section applicable to retail sales. F. Jobber Licenses. There shall be no limit to the number of jobber licenses issued by the City. The annual fee for an occupational license to sell fireworks as a "jobber" under this Section shall be one thousand five hundred dollars ($1,500.00). G. Distributor Licenses. There shall be no limit to the number of distributor licenses issued by the City. The annual fee for. an occupational license to sell fireworks as a "distributor" under this Section shall be one thousand five hundred dollars ($1,500.00). 5 H. Compliance with Laws and Ordinances Required. It shall be unlawful for any person to sell any fireworks at any location within a district zoned or dedicated for residential or agricultural use, including any residential planned districts. 2. It shall be unlawfixl for any person to manufacture or sell any fireworks without a valid sales tax number. 3. It shall be unlawful to manufacture or sell any fireworks or to ship or cause to be shipped into the City, except as herein provided, any item of fireworks without complying with all applicable ordinances of the City, laws of the State of Missouri, and laws and regulations of the United States. I. Unlawful Sale. It shall be unlawful for any person to sell any explosive devices designed primarily to produce visible and/or audible effects by combustion, deflagration or detonation that aze not classified as fireworks, UNO336, 1.4G by regulation of the United States Department of Transportation, as amended from time to time. J. Certain Sales Activity Prohibited. 1. It shall be unlawful for any person to sell, give away, or otherwise distribute fireworks to any person who is less than fourteen (14) years of age except when such child is in the presence of a parent or guardian. 2. It is unlawfixl for any person under the age of sixteen (16) to sell, give away, or otherwise distribute fireworks, or work in a facility where fireworks aze stored, sold, distributed or offered for sale unless supervised by an adult. 3. Beginning January 2, 2007 at 12:00 a.m. (midnight), it shall be unlawful for any person to sell at retail or give away the type of fireworks commonly called "bottle rockets" (as defined in this Section). K. Sales by Jobbers. Any and all sales by jobbers during any period of time other than the fireworks season shall be to non-residents of Missouri, or to residents of Missouri only after a reasonable inquiry by the jobber and indication by the buyer that the fireworks are for use outside of Missouri if the sale is a retail transaction. L. Sales Structures Limited. It shall be unlawful for any person to sell fireworks from a car or truck or in any other manner except from a permanent structure or a stand duly licensed to sell fireworks. A holder of a wholesaler's or a jobber's license shall be required to operate out of a permanent structure in compliance with all applicable building regulations of the City. M. Storage and Display of Fireworks. Storage of fireworks at any time of year shall be in compliance with State law including, but not limited to, identification and labeling of and accessibility to storage facilities. 6 ~, r n' i 1. It is unlawful to expose fireworks to direct sunlight through glass to the merchandise displayed, except where the fireworks are in the original package. 2. All fireworks which the public may examine shall be kept for sale in original packages, except where an attendant is on duty at all times where such fireworks are offered for sale. Fireworks shall be kept in showcases out of the reach of the public when an attendant is not on duty. 3. One (1) or more signs reading "Fireworks--No Smoking" shall be displayed at all places where fireworks are stored or sold in letters not less than four (4) inches in height. 4. Fireworks shall not be stored, kept or sold within fifty feet (50') of any area in which volatile liquids or gases are stored above the surface of the ground. N. Open Flames Prohibited. It is unlawful, to permit the presence of lighted cigars, cigarettes, pipes, or any other open flame within ten feet (10') of the place where fireworks are offered for sale. O. Removal Of Stands--Bond Required. All temporarily licensed stands and signs shall be completely removed, and the site where such stand was erected shall be cleared of all debris and trash, within three (3) days after expiration of the term for retail sales of fireworks. All applicants for a license who intended to sell fireworks from such a stand shall furnish a cash performance bond with their application to the City Clerk. Such bond shall be payable to the City and in the face amount of one thousand dollars ($1,000.00). 1. Forfeiture of Bond. If any person who obtains a license to sell fireworks at retail shall fail to comply with any provision of this Section, then the cash bond provided for in this Subsection hereof shall be forfeited to the City. P. Sign Limits. 1. It shall be unlawfizl for any person selling fireworks within the City to display more than one (1) sign advertising the sale of fireworks; provided, such sign may contain advertising on both of its two (2) sides; provided further, persons licensed to sell fireworks at both retail and wholesale may, during the period when retail sales are permitted, display one (1) such sign in addition to such licensee's permanent, approved sign advertising wholesale sales. All such advertising signs shall be neatly and professionally hand lettered or painted. 2. Any and all signs erected or used in connection with the sale of fireworks and pursuant to this Subsection (P) shall be in compliance with and subject to the following: a. Section 430.040, Subsections (A) and (B), of this Code, which, among other things, prohibit attention-attracting devices, fluttering signs and animated signs. 7 ~. r R. t b. Section 430.180, Subsections (1), (2), (3), (4), (7), (8) and (9), of this Code, which, among other things, state that no sign shall be located within the City, State or Federal road easements and that no sign shall be attached to utility poles or other appurtenances which exist within public street or road easements. c. Section 430.200, Subsections (1), (2) and (3), of this Code, which, among other things, state that the fees for processing a sign permit application and sign inspection shall be twenty-five dollars ($25.00). Q. Off-Street Parking. 1. Every seasonal retailer selling fireworks within the City shall provide a minimum of twenty (20) parking spaces per location which shall be contiguous to the stand and shall be hard surface pavement and shall otherwise comply in full with Section 420.020(D)(2) of this Code. Each parking space required by this Subsection must measure a minimum of nine feet (9') wide by eighteen feet (18') long. This minimum parking spaces requirement shall be in addition to the minimum number of parking spaces required for any business operated on the property. 2. If one or more required parking spaces proposed in a seasonal retailer license application are to be on an adjoining tract of land, the owner(s) of that tract. must also join in the license application. R. Security Requirements. Any seasonal retailer that chooses to hire a security guard or guards shall ensure that guard(s) meet(s) one of the following qualifications: The security guard is an off-duty public safety officer employed by the City, or an off-duty deputy with the Platte County Sheriff's Department; or 2. The security guard is a private security guard properly and validly licensed pursuant to Chapter 227 of the City Code. S. Penalties. Any person who violates any provision of this Section shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined a sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or by imprisonment in the City Jail not to exceed ninety (90) days, or by both such fine and imprisonment and costs. 8 ~, Section 3. Section 605.030 of the Municipal Code of the City of Riverside, Missouri is hereby revised to read as follows: SECTION 605.030: SCHEDULE OF LICENSE FEES The following shall be the schedule of annual license fees for occupations and businesses in the City: [categories from "Animal Hospitals" to "Fence (mfg. or sales)" are unchanged] Fireworks, Distributor $1,500.00 Fireworks, Jobber $1,500.00 Fireworks, Seasonal Retailer $1,500.00 Fireworks, Wholesaler $1,500.00 [categories from "Florists" to "Other Businesses" are unchanged] Section 4. The provisions of the Municipal Code of the City of Riverside, Missouri revised herein shall not be construed to revive any former ordinance, clause or provision of the Municipal Code of the City of Riverside, Missouri. Section 5. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in fitll force and effect. Section 6. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 7. This ordinance shall take effect immediately. Passed this / %ay of 2006. ayo ro Tem City~Q,lerk 9 ~. . , r a. ~ .