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For the purpose of this subchapter, certain words, phrases, and terms shall be construed as defined in Neb. Rev. Stat. Ch. 28, as now existing or hereafter amended or as defined below unless the context otherwise requires.
FIREWORKS. Any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purposes of producing a visible or an audible effect by combustion, explosion, deflagration or detonation.
PERMISSIBLE FIREWORKS. Only those defined by Neb. Rev. Stat. 28-1241 or successive statutes, but excepting therefrom those fireworks specifically prohibited by this subchapter.
RETAILER. Any person engaged in the business of making sales of fireworks at retail.
SALE. Includes barter, exchange, or gift, or offer therefor, and each transaction made by any person, whether as principal, proprietor, agent, servant, or employee.
SKY LANTERN. A device that requires a flame that produces heated air trapped in a balloon-type covering allowing the device to float in the air; except that the term SKY LANTERN shall not include hot air balloons used for the transportation of persons.
(Prior Code, § 90.01) (Ord. 2015-11.1, passed 11-9-2015)
Except as provided in § 90.05, it shall be unlawful for any person to possess, sell, offer for sale, bring into the city, or discharge, explode, or use any pyrotechnics, commonly known as fireworks, other than permissible fireworks, except that this section shall not be construed to prohibit the transport of fireworks through the city.
(Prior Code, § 90.02) (Ord. 1998-2.1, passed 2-9-1998) Penalty, see § 10.99
(A) Fireworks commonly known as sky rockets, bottle rockets, or any other form of fireworks consisting of a case containing a combustible composition fastened to a guiding stick which is designed and manufactured to be projected through the air by the reaction resulting from the rearward discharge of gases liberated by combustion and fireworks commonly known as helicopters or any other form of fireworks which launch in their entirety and leave no base shall not be permissible fireworks within the city, notwithstanding any action by the state’s Fire Marshal to the contrary, and it shall be unlawful for any person to sell at retail, offer for sale at retail, discharge, explode, or use any of the fireworks within the city.
(B) It shall be unlawful for any person to sell at retail, offer for sale at retail, light, launch, release, or otherwise use a sky lantern within the city, notwithstanding any action by the state’s Fire Marshal to the contrary.
(Prior Code, § 90.03) (Ord. 2015-11.1, passed 11-9-2015) Penalty, see § 10.99
(A) It shall be unlawful for any person to discharge, fire, launch, or throw any fireworks or any object which explodes upon contact with another object:
(1) From or onto any motor vehicle;
(2) Onto any street, highway, or sidewalk;
(3) At or near any person;
(4) Into or upon any building;
(5) Into or at any group of persons; or
(6) Into or upon the premises of another person.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any natural person or any private or public firm, partnership, or corporation.
(C) It shall further be unlawful for any person to discharge, fire, launch, or throw any fireworks from, to, or on any property without the express permission of the owner of the property.
(Prior Code, § 90.04) (Ord. 1998-2.1, passed 2-9-1998) Penalty, see § 10.99
The provisions of this subchapter shall not apply to:
(A) Any fireworks for purpose of public exhibition or displays purchased from a distributor licensed under the state law or the holder of a display license issued by the state’s Fire Marshal as provided by state law;
(B) Any public exhibition or display under the auspices of any governmental subdivision of the state; or
(C) Toy cap pistols or toy caps, each of which does not contain more than twenty-five hundredths of a gram of explosive material.
(Prior Code, § 90.05)
Statutory reference:
Similar provisions, see Neb. Rev. Stat. 28-1245
Permissible fireworks may be sold at retail, offered for sale at retail, discharged, exploded, or used within the city only from June 28 through and including July 4 of each year; provided, it shall be unlawful to discharge, explode, or use permissible fireworks on the dates before 8:00 a.m. and after 10:00 p.m. except on July 4 when permissible fireworks may be lawfully sold, discharged, exploded, or used between the hours of 8:00 a.m. and 12:00 p.m.
(Prior Code, § 90.06) (Ord. 1999-9.1, passed 9-15-1999; Ord. 2008-1.3, passed 3-10-2008) Penalty, see § 10.99
(A) It shall be unlawful for any person to sell, hold for sale, or offer for sale at retail, any permissible fireworks in the city unless the person has first obtained a license from the city as a retailer.
(B) No person or organization may receive more than one license during any one calendar year. Each license granted shall be for one specific location identified by an address or suitable area description on the application. Licenses shall be considered personal to the applicant and may not be assigned in any manner.
(C) (1) Application. Application for a license required under the provisions of this section shall be made in the office of the City Clerk/Treasurer only between January 1 and April 1 of each year. At the time of the application, an applicant shall furnish to the city a list of all persons who will be employed by the applicant and who, at any given time, will be in charge of the place of sale. All persons designated as “in charge” shall be residents of the city. It shall be incumbent upon the applicant to keep this list current so that the names of the employees having management responsibilities will always be on file in the office of the City Clerk/Treasurer.
(2) Fees. Each application for a license required by this section shall be accompanied by the following appropriate non-refundable license fee; retailer’s license shall be $500, or an amount set by separate ordinance.
(3) Consent form; bond required. Before the issuance of any retailer’s fireworks license, the applicant shall execute a consent form agreeing to abide by any regulations imposed by the city pertaining to the sale of fireworks and shall furnish to the city a cash bond in the amount of $500; conditioned that the licensee shall abide by any and all regulations proposed by the city pertaining to the sale of fireworks, and that the licensee shall clean the area in and around any stand where fireworks were sold and remove any portable stand from its temporary location, the work to be done by July 7 of each succeeding year.
(4) Consent form; bond; forfeiture. Cash bonds, as provided in division (C)(3) above shall be returned to the licensee when the city’s maintenance person shall have certified that the conditions of the bond have been satisfied. In the event any portable stand is not removed from its temporary location within the allotted time, or the sale area is not cleaned and the debris and trash not removed therefrom, then the cash bond shall be forfeited and the proceeds used by the city to clean the area and remove the stand.
(5) Retailer’s place of business. A retailer’s license issued under the provisions of this section shall be conditioned upon the licensee providing an acceptable fireworks stand or place of business.
(6) Inspection required. The license may be obtained at the office of the City Clerk/Treasurer only after an inspection by the City Clerk/Treasurer or the city’s maintenance person of the fireworks stand or place of sale to determine if the stand or place of sale conforms to all city standards, building codes, and land use regulations.
(7) Duty of licensee. The applicant for a license required by the provisions of this section shall request the city to make the inspection not later than June 26 of each calendar year, and the inspection shall be made by the city within 24 hours after the request. In the event of any violation, the license may not be picked up from the City Clerk/Treasurer until the violation is corrected.
(8) Display. Licenses issued under the provisions of this section shall be displayed at all times at the place of business of the licensee.
(9) Duration. Licenses issued under the provisions of this section shall be valid only for the calendar year in which issued.
(10) Violations. Any person or any licensee who violates any of the provisions of this section shall be deemed guilty of a misdemeanor and, in addition to any fine, any person who is licensed shall be subject to the revocation of the license. Upon complaint being filed with the City Clerk/Treasurer, the City Clerk/Treasurer shall notify the licensee in writing and shall order a hearing before the City Council to show cause why the license should not be revoked. The hearing shall be not less than three days after the filing of the complaint. The City Council shall conduct a special hearing for purposes of determining whether the license shall be revoked. The licensee shall appear in person or by his or her attorney and upon revocation no refund of any portion of the license fee shall be made to the licensee and he or she shall immediately close all business at all places under the license.
(Prior Code, § 90.07) (Ord. 2000-9.1, passed 9-13-2000; Ord. 2008-6.3, passed 6-9-2008) Penalty, see § 10.99
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