The use and exploding of fireworks within the City are subject to the following:
1. Definitions. For purposes of this section:
A. "First Class Consumer Fireworks" shall mean the following consumer fireworks as described in the American Pyrotechnics Association ("APA") Standard 87-1, chapter 3:
(1) Aerial 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) Sky rockets and bottle rockets.
(9) Multiple tube devices under this paragraph "A" that are manufactured in accordance with APA 87-1, section 3.5.
B. "Second Class Consumer Fireworks" shall mean the following consumer fireworks, as described in APA Standard 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.
"Consumer fireworks" includes first-class consumer fireworks and second-class consumer fireworks as those terms are defined in section 100.19, subsection 1 of the Code of Iowa. "Consumer fireworks" does not include novelties enumerated in chapter 3 of the American Pyrotechnics Association's Standard 87-1 or display fireworks enumerated in chapter 4 of the American Pyrotechnics Association's Standard 87-1.
C. "Display Fireworks" includes any explosive composition or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes fireworks containing any explosive or flammable compound, or other device containing any explosive substance. "Display fireworks" does not include novelties or consumer fireworks enumerated in chapter 3 of the American Pyrotechnics Association's Standard 87-1.
D. "Novelties" includes all novelties enumerated in chapter 3 of the American Pyrotechnics Association's Standard 87-1, and that comply with the labeling regulations promulgated by the United States Consumer Product Safety Commission.
2. Display Fireworks. It is unlawful for any person to use or explode any display fireworks; provided the City Council may, upon application in writing, grant a permit for the display of display fireworks by municipalities, fair associations, amusement parks and other organizations or groups of individuals approved by the City when the display fireworks 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: $1,000,000.00 per person
$2,000,000.00 aggregate
$2,000,000.00 aggregate
B. Property Damage: $500,000.00 per building
$1,000,000.00 aggregate
$1,000,000.00 aggregate
C. Per Occurrence: $1,000,000.00
D. Aggregate: $2,000,000.00
Violation of this provision, is a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250).
3. Consumer Fireworks. It is unlawful for any person to use or explode First Class Consumer Fireworks and Second Class Consumer Fireworks within the City limits of Carroll, Iowa. Violation of this provision, is a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars ($250).
4. Novelties. This section does not apply to novelties.
(Ord. 1704 - Sep. 17 Supp.)