§ 26-48. Enforcement.
(a)
It shall be unlawful for any person to sell within the City of Olive Branch any pyrotechnic, commonly known as "fireworks" other than those defined in the interstate commerce commission regulations described as Class "C" fireworks and described in this article as Class "C" fireworks in the City of Olive Branch during any period of time except the period of time from June 15 through July 5 and December 10 through January 2.
(b)
It shall be unlawful for any debris, paper, wrappers, etc., to be allowed to accumulate on the premises of any business location wherein fireworks are sold. It is hereby required by this article that all fireworks locations shall be required to have on premises a trash dumpster. It shall be the responsibility of the permitee, pursuant to subsection (g), to empty the trash dumpster at appropriate times.
(c)
It is further provided by this article that at any location wherein fireworks are sold there must be provided a portable restroom if there are not restrooms available on the site.
(d)
The discharging, shooting and igniting of Class "C" Common fireworks within the municipal limits of the City of Olive Branch are prohibited. Any individual violating this provision shall be punished by a fine not to exceed $50.00 for each occurrence.
(e)
It is hereby provided by this article that on any fireworks location wherein fireworks are being sold a parking area must be constructed of an asphalt/asphalt composition or compacted limestone with a minimum of ten off street parking spaces. Primary parking in the grass will not be allowed.
(f)
It is hereby provided by this article that all fireworks locations must be located in a commercial zone (C-2 or C-3) as defined herein. It is further required by this article that all fireworks operators must submit a site plan which indicates the size of the lot, the size of the tent or building to be located on said lot, where the tent or permanent freestanding building will be located on the lot; and a letter of permission from the property owner to use the land for the sale of fireworks.
(g)
It is hereby provided by this article that an annual seasonal retailer's permit of $1,000.00, payable to the City of Olive Branch, shall be required by each fireworks location within the City of Olive Branch.
(1)
It is further provided by this article, that where a temporary structure is involved for the purpose of sale of fireworks at a fireworks location, and said temporary structure is a tent and ancillary equipment to aid the tent or main retail sales unit such as trailers, campers, tractor trailers or temporary structure, and as stated, for the sole reason of which is the sale of fireworks, that a permit fee will be paid to the City of Olive Branch Building Department not to exceed the amount of $110.00.
(h)
It is further provided by this article that at the fireworks location, if a tent is to be used, owner or operator of the fireworks location must present proof to the City of Olive Branch Fire Department and/or City of Olive Branch Building Inspector that the tent is a flame retardant by means of a certificate of flame retardancy. It is further provided by this article that a minimum of two fire extinguishers must be provided at each location wherein fireworks are sold. These fire extinguishers must be hung on the tent center poles with brackets or located at other central areas of the tent structure for easy and quick access. There shall be no more than 50 feet from an extinguisher to any point within the sales location.
(i)
It is further provided by this article that at the time the permit request is made for the operation of fireworks sales, that the applicant acknowledge receipt of safety regulations in regard to no smoking, regulations pertaining to the sale of fireworks, and further that a minimum of four signs reading "No Smoking" shall be displayed at all times where fireworks are sold. The permitee shall be responsible for enforcing the no-smoking regulation. The City of Olive Branch Building Inspector or other authorized representative shall inspect all permitted fireworks locations for compliance to the above state regulations.
(j)
It is further provided by this article that all fireworks locations must have a permanent power pole with an electrical panel box with a minimum of a 200 amp main. There are to be no generators, portable lighting such as lights towers and/or generator powered light trees used for the sites main power source or lighting.
(k)
It is further provided by this article that temporary signs are permitted provided that such signs do not exceed 50 square feet in area (per side) and remain no longer than 30 days or permitted for no more than two 30-day periods (non-consecutive within a year at any location) and that said signs not be blinking or flashing and are at least one foot off of right-of-way. The permit fee for said sign shall be based on the fees set forth by the City of Olive Branch Zoning Regulations for each application.
(l)
No fireworks vendor may establish a retail sales location at an existing business, parking lot or other facility in which fireworks retail sales is not the primary intended use.
(m)
It is hereby agreed that all current fireworks business license holders shall be notified by registered mail at least 30 days prior to any board of alderman meeting that has on the agenda any proposed changes in or to this article.
(n)
In addition to the requirements set forth herein this article does hereby incorporate any and all provisions of the law pertaining to MCA 1972, §§ 45-13-1—45-13-15.
(o)
Any person, firm, partnership, association or corporation violating any of the provisions (with the exception of subsection (d) of this article shall be punished by a fine not to exceed $1,000.00 for each occurrence.
(Ord. of 5-20-14(3), §§ 3—17)