The sale, use or exploding of fireworks within the City are subject to the following:
1. Definition. The term “fireworks” shall be as defined by the Code of Iowa Section 727.2.
2. Regulations. The City may upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:
A. Personal Injury: - $250,000.00 per person.
B. Property Damage: - $50,000.00.
C. Total Exposure: - $1,000,000.00.
3. Exceptions.
A. This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such firework 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.
B. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
C. However the Boone Fire Chief shall have the authority to ban the use of consumer fireworks, display fireworks or novelties as described in Iowa Code Section 727.2 but that authority may only be exercised if a “burn ban” has been issued by the State of Iowa Fire Marshall for any area that includes the City of Boone.
(Ord. 2237 – Dec. 17 Supp.)
4. Use of Fireworks. No person shall use, explode, discharge any consumer fireworks on days other than July 3rd and 4th, between the hours of 12:00 p.m. (noon) and 11:00 p.m., and December 31 between the hours of 12:00 p.m. (noon) and continuing through 12:30 a.m. on January 1st and subject to the following:
A. Consumer fireworks may only be used or exploded on private property which is owned by the person using the consumer fireworks or with the consent of the owner of such private property.
B. Persons using or exploding the consumer fireworks must be 18 years of age or older.
C. Persons using or exploding consumer fireworks are prohibited from being under the influence of alcohol or other drug or a combination of such substances, while having a blood alcohol concentration of .08 or more or while having any amount of a controlled substance in such person’s body.
D. Any use or explosion of consumer fireworks must be more than 200 yards from a hospital, hospice, assisted living residential facility, nursing home, or retirement home.
E. No use or explosion of consumer fireworks is allowed in parks, cemeteries and right-of-way, including sidewalks and streets.
F. The Fire Chief may seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, used, stored or held in violation of this chapter.
G. A violation of a provision of this section pertaining to the use or exploding of fireworks shall be as set forth in Boone Code Section 4.03(2)(C).
(Subsection 4 – Ord. 2241 – Dec. 17 Supp.)