Section 103-397; Ord. 17386; Amending Chapter 16 RE: Fireworks and Firearms on Recently Annexed Property

amending Chapter 16 of the City Code as it relates to fireworks and firearms; and fixing the time when this ordinance shall become effective.

(a) Discharging. Every person who shall fire or discharge any gun, pistol, revolver or any other firearm or air rifle, or shall use, burn, explode or set off any firecracker, torpedo, bomb, rocket, pinwheel, fire balloon, Roman candles or any other firecracker or fireworks within the city shall be deemed guilty of a misdemeanor, except as provided in paragraph (b) of this section.

(1) Gun clubs, sheet shoots, target ranges. The provisions of paragraph (a) of this section shall not apply to the firing of firearms within the bounds of gun clubs, skeet shoots or target ranges in the manner specified, and as authorized by the board of adjustment, after public hearing and in accordance with provisions of chapter 29 of this Code.

(2) Permits for special shooting events and fireworks displays. The city manager is hereby authorized to issue permits for special one day shooting events or fireworks displays to be held at such places as, in the opinion of the city manager, shall provide maximum safety for all persons concerned, and under direct supervision and control of such persons as the provisions of paragraph (a) of this section shall not apply to such authorized events for which such permits have been issued.

(3) Fireworks in recently annexed property. The provisions of paragraph (a) of this section pertaining to the use of fireworks shall not apply to any person using fireworks on recently annexed property. Property shall be considered “recently annexed property” only for the first three years following its annexation into the city and only if it was annexed after September 30, 2003 and only if annexation of the property was approved by the voters under section 71.015 RSMo.

(4) Discharging firearms in recently annexed property. The provisions of paragraph (a) of this section pertaining to the discharge of firearms shall not apply to any person discharging firearms on recently annexed property (as described in subparagraph (b)(3) of this section) under any of the following circumstances:

a. The person discharging the firearm is otherwise lawfully hunting on an undeveloped tract of land at least five acres in size and (unless the person owns the land) is in possession of the written permission of an owner of the property to hunt on the property. A tract of land is undeveloped if it contains no buildings, if it contains no more than one main building and any number of lawful accessory buildings or if it contains no buildings other than buildings ancillary to agriculture uses.

(c) Sale of fireworks prohibited. Except as provided in subsection (d), every person who shall sell or expose for sale any fireworks, firecrackers, torpedoes, bombs, rockets, pinwheels, fire balloons, Roman candles, toy cannons or any other fireworks of a like kind within the city shall be deemed guilty of a misdemeanor; provided, however, that this section shall not be construed to prohibit the sale of fireworks in wholesale lots by any person holding a wholesale license to do business within the city for use or sale outside the limits of the city, or for use within the city limits by competent persons under a permit issued by the city manager.

(d) Notwithstanding any other provisions of this Code, any property annexed into the city which was lawfully used for the commercial sale of fireworks at any time during the year immediately preceding annexation may be used for the commercial sale of fireworks for up to seven (7) years after annexation.

SECTION 2. This ordinance shall be in full force and effect from and after the earliest date on which one of the annexations submitted to the voters on August 6, 2002 takes effect.