The sale, use or exploding of fireworks within the City is subject to the following:
1. Definition.
A. “Consumer Fireworks” means those fireworks as defined by Iowa Code Section 727.2 that may be sold within the City even though the use of those items is prohibited.
B. “First-class Consumer Fireworks” means the following Consumer Fireworks, as described in the American Pyrotechnics Association’s standard 87-1, Chapter 3:
(1) Serial shell kits and reloadable tubes.
(2) Chasers.
(3) Helicopter and aerial spinners.
(4) Firecrackers.
(5) Mine and shell devices.
(6) Missile type rockets.
(7) Roman candles.
(8) Skyrockets and bottle rockets.
(9) Multiple tube devices under this paragraph (b) that are manufactured in accordance with APA 87-1, Section 3.5.
C. “Second-class Consumer Fireworks” means the following Consumer Fireworks, as described in APA 87-1, Chapter 3:
(1) Cone fountains.
(2) Cylindrical fountains.
(3) Flitter sparklers.
(4) 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.
(5) Ground spinners.
(6) Illuminating torches.
(7) Toy smoke devices that are not classified as novelties pursuant to APA 87-1, Section 3.2.
(8) Wheels.
(9) Wire or dipped sparklers that are not classified as novelties pursuant to APA 87-1, section 3.2.
D. “Display Fireworks” means those fireworks as defined by Iowa Code Section 727.2(1)(b).
2. Regulations.
A. Except between 9:00 a.m. – 11:00 p.m. on July 4
th,
it shall be unlawful for any person to use or explode any explosive, explosive material, First-class Consumer Fireworks or Second-class Consumer Fireworks within the corporate limits of the City.
B. It shall be unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any explosive, explosive material, First-class Consumer Fireworks or Second-class Consumer Fireworks within the corporate limits of the City unless granted a permit as provided in Section 192.13 of the Ankeny Municipal Code. Sales of Display Fireworks may be made for that purpose only.
C. It shall be unlawful for any person to use or explode any Display Fireworks within the corporate limits of the City unless, upon application in writing, the City has issued a permit to a City agency, fair association, amusement park or other organizations or groups of individuals approved by City authorities to display fireworks and such display will be handled by a competent operator.
3. Exceptions. This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they are to be shipped out of State; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
(Code of Iowa, Sec. 727.2)
4. Owner/Occupant Responsibility.
A. No person or responsible party shall allow, permit, or otherwise consent to the display of consumer or display fireworks on the private property or an adjacent public way if such possession or display is in violation of this chapter.
B. A person or responsible party with control of the private property shall be presumed to have consented to the display of fireworks on the property or adjacent way if law enforcement or fire officials observe and document the existence of the remnants of unlawful fireworks on the premises indicative of the use or display of such fireworks.
C. For purposes of this section, RESPONSIBLE PARTY includes, but is not limited to:
(1) The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property;
(2) The person(s) in immediate control of the residence or other private property; and
(3) The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal storage of fireworks.
If the residence or other private property is rented or leased, the landlord or lessor is not covered by this section unless they fall within the category of persons described under division (C)(1) or (2) of this definition. A landlord or lessor can only be held responsible under division (C)(3) of this definition if he or she has knowledge that fireworks are being unlawfully discharged or stored on the property.
D. Any person or responsible party who violates the restrictions in division (A) or (B) above will be guilty of a municipal infraction and subject to a civil penalty of $250 for each offense.
5. Penalty. All violations of any provision(s) of Section 41.13 are hereby declared simple misdemeanors punishable by a fine of at least $250 plus surcharge and court costs and/or municipal infractions punishable by a penalty as listed in this Code of Ordinances. Violations may be charged as either a misdemeanor criminal offense or a municipal infraction at the sole discretion of the fire official or peace officer. Violations of this chapter shall be reported to the State Fire Marshal.
(Ord. 2008 - Jun. 20 Supp.)