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HomeMy WebLinkAbout1983-02 - Regulation on the Use of Fireworks_~ BILL N0. 83-2 ORDINANCE N0. 83-2 AN ORDINANCE REGULATING THE USE OF FIREWORKS WITHIN THE CITY LIMITS OF THE CITY OF RIVERSIDE, MISSOURI AND PROVIDING PEN- ALTIES FOR VIOLATIONS. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. DEFINITIONS: For the purposes of this ord- inance the following words and their derivations shall have the meaning 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 directory. A. "Apartment Complex" shall mean any building, together with all parking spaces and commons or grounds appurtenant thereto, used for occupancy by three or more families living independently of each other. B. "City" shall mean the City of Riverside, Missouri. C. "Fireworks" shall mean any substances, articles, or objects which are now or may hereafter be classified as "common fireworks" by the Interstate Commerce Commission and are labeled with the Interstate Commerce Commission Class C label. Section 2. It shall be unlawful for any person to use or discharge any bottle rockets within any part of the City; provided, that any person possessing a valid wholesale fireworks license issued by the City may, after giving notice to and obtaining the written approval of the Riverside Director of Public Safety, discharge bottle rockets for testing purposes only, and notwithstanding any provisions in this ordinance to the contrary. Section 3. It shall be unlawful for any person to use or discharge any fireworks within any of the following areas in the City: A. Within 125 feet of any building, structure, or motor vehicle; or B. Within any part of the legally described boundaries as now established of any of the residential subdivisions named Indian Hills, including Indian Hills First, Second, and Third Additions, Indian Hills North, Indian Hills Annex, and Indian Hills Fourth Plat; or C. Within any apartment complex; provided no person shall be charged with or convicted of the use or discharge of any fireworks within an apartment complex unless the manager or lessor of such complex shall have posted one or more signs or notices prohibiting the use and discharge of fireworks at such apartment complex. Section 4. It shall be unlawful for any person to use or discharge any fireworks at the following times: A. On or before June 25 and on or after July 6 of each year; or B. After the hour of 12:00 p.m. or before the hour of 10:00 a.m. on July 3 and 4. C. After the hour of 10:00 p.m. or before the hour of 10:00 a.m. of any other permitted day. Section 5. Any person who violates any provision of this ordinance 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. Section 6. SEVERABILITY: Should any section, sentence or clause of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance, which shall remain in full force and effect. PASSED THIS 4th DAY OF Jan lg ATTEST: C TY CL APPROVED THIS 4th DAY OF Jan ~ 83, MAYO