1. General. It shall be unlawful to manufacture fireworks within the corporate limits of the City of Altoona.
2. The Fire Chief, Police Chief, or duly appointed representatives are authorized to seize, take, remove or cause to be removed at the expense of the owner all stocks of illegal fireworks (not State approved), offered or exposed for sale, stored and held to be in violation of State Law.
3. The City of Altoona deems the use of first-class consumer fireworks as a threat to public safety or a nuisance to landowners and therefore prohibits the use of first-class consumer fireworks. It shall be unlawful without a state issued license for any person to offer for sale, expose for sale, sell at retail or use or explode any explosives, explosive materials and first-class consumer fireworks within the corporate limits of the city.
A. The sale of consumer fireworks shall be regulated by the State Fire Marshal (SFM) who shall establish dates of permitted sales, the minimum requirements for obtaining a consumer fireworks seller license, and shall issue such licenses.
(1) Sales from permanent structures as defined by the SFM shall be allowed between June 1 and July 8, and between December 10 and January 3 each year, all dates inclusive.
(2) Sales from temporary structures as defined by the SFM shall be allowed between June 13 and July 8 each year, both dates inclusive.
B. In addition to the rules and regulations applied by the SFM, all sellers of first-class consumer fireworks shall obtain a permit (via application) from the City of Altoona. The seller shall comply with all applicable fire, building, and zoning regulations for all permanent and temporary sales structures. The application shall be accompanied by the appropriate fee(s) using the same fee schedule as applied by the SFM. A copy of the insurance certificate shall accompany the application. The coverage shall at a minimum meet the State required amounts.
C. The sale and use of Novelties known as snappers, party poppers, glow worms, snakes, toy smoke devices and sparklers are permitted at all times.
D. As used in this section:
(1) Consumer fireworks means those fireworks as defined by the Iowa Revised Statutes, S.F. 489, that may be sold within the City of Altoona even where the use of those items has been prohibited.
(2) First-class consumer fireworks means the following consumer fireworks, as described in APA 87-1, chapter 3:
(a) Aerial shell kits and reloadable tubes.
(b) Chasers.
(c) Helicopter and aerial spinners.
(d) Firecrackers.
(e) Mine and shell devices.
(f) Missile type rockets.
(g) Roman candles.
(h) Skyrockets and bottle rockets.
(i) Multiple tube devices under this paragraph “c” that are manufactured in accordance with APA 87-1, section 3.5.
(3) Second-class consumer fireworks means the following consumer fireworks, as described in APA 87-1, chapter 3:
(a) Cone fountains.
(b) Cylindrical fountains.
(c) Flitter sparklers.
(d) Ground and hand-held sparkling devices, including multiple tube ground and hand-held sparkling devices that are manufactured in accordance with APA 87-1, section 3.5.
(e) Ground spinners.
(f) Illuminating torches.
(g) Toy smoke devices that are not classified as novelties pursuant to APA 87-1, section 3.2.
(h) Wheels.
(i) Wire or dipped sparklers that are not classified as novelties pursuant to APA 87-1, section 3.2.
E. Exceptions.
(1) The Armed Forces of the United States, Coast Guard or National Guard;
(2) Explosives in forms prescribed by the official United States Pharmacopoeia;
(3) The possession, storage and use of small ammunition when packaged in accordance with DOT packaging requirements;
(4) The possession, storage and use of not more than one pound (0.454 kg.) of commercially manufactured sporting black powder, 20 pounds (nine kg.) of smokeless powder and 10,000 small arms primers for hand loading of small arms ammunition for personal consumption;
(5) The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies in their official capacities;
(6) Special industrial explosive devices which in the aggregate contain less than 50 pounds (23kg.) of explosive materials;
(7) The possession, storage and use of blank industrial power load cartridges when packaged in accordance with DOT packaging regulations;
(8) Transportation in accordance with DOT 49 C.F.R. parts 100 through 178;
(9) Items preempted by federal regulations; and
(10) Items considered as “Second-class consumer fireworks” and items considered as “Novelties”.
4. The use of fireworks for display is allowed per section 161.19 of this ordinance with council approval, and in accordance with Section 161.20 of this code of ordinances.
5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are here by repealed.
6. If any section, provision, or parts of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.