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The applicant for any permit under the Fire Code, by making application, assumes and agrees to pay all loss or damage to property whatsoever, and injury to or death of any person or persons whomsoever, including all costs and expenses incident thereto, however arising from or in connection with or related to the issuance of such permit or the doing of anything thereunder, or the failure of such applicant, or the agents, employees, or servants of such applicant, to abide by or comply with any of the provisions of this Fire Code or any other ordinance of the City; and such applicant by making such application, forever indemnifies the City, its officers, and employees, and agrees to save it and them harmless from any and all claims, demands, lawsuits, or liability whatsoever for any loss, damage, injury, or death, costs and expenses, by reason of the foregoing even though acts or omissions of the City, its officers, or employees, may have caused or contributed thereto. The foregoing provisions shall be deemed to be a part of the permit issued under the Fire Code whether or not expressly recited therein.
In any case where the provisions of this chapter, or the Fire Code adopted hereby, are found to be in conflict with any provision of Code of Iowa or regulations of the State Fire Marshal, or any provision of any zoning, building, fire, electrical, plumbing, mechanical, safety, or health ordinance or Code of the City, the provision which establishes the higher standard for the promotion and protection of the safety of persons and property shall prevail.
Unless otherwise provided by law, violations of this chapter are simple misdemeanors and are punishable by a fine not to exceed $500.00 or a term of imprisonment not to exceed 30 days. Pursuant to Section 100.41 of the Code of Iowa, the officials of the Fire Prevention Bureau shall have the authority to issue citations for violations of this chapter or report the violation to the Police Department for citation. Violations of this chapter are also declared to be municipal infractions and may be punished as provided in Title 1, Chapter 4A of this Code. Officials of the Fire Prevention Bureau shall have the discretion to enforce this chapter either as a municipal infraction or a simple misdemeanor.
1. Definitions. The sale, use, or exploding of consumer fireworks within the City is subject to the definitions enumerated in Section 727.2 and Section 100.19 of the Code of Iowa, which definitions are incorporated herein by reference.
2. Sales - General Requirements.
A. Prior to any person engaging in the sale of first-class or second-class consumer fireworks, a Fireworks Sales Permit must be issued by the Clerk, or their designee, of the City. The following shall be provided to the Clerk for consideration in the issuance of a Fireworks Sales Permit:
(1) Fireworks Sales Permit Application. A completed application must be submitted to the Clerk at least 30 days prior to the first date that sales are anticipated to commence. Exception: An exception shall be granted for the first sales period of 2017, running from June 1 to July 8, which shall allow applications to be turned in at least 14 days prior to the first sale period. This one-time exception shall be granted due to the newly implemented State law.
a. A separate application must be submitted for the June 1 to July 8 sales period and for the December 10 to January 3 sales period, as set forth below.
b. The application form shall be prescribed by the Fire Chief.
(2) License. State License issued by the Iowa State Fire Marshal. At the time the Fireworks Sales Permit Application is submitted to the Clerk, it is recognized that the license from the State Fire Marshal may not have been issued. If the license has not been issued, the applicant must provide proof that an application for the State license has been submitted to the State Fire Marshal. Proof of valid license issued from the State Fire Marshal must be provided to the Clerk upon receipt by the applicant. Failure to provide proof of a valid license will preclude the issuance of a Fireworks Sales Permit.
(3) Fireworks Sales Permit Fee. A permit fee, as set by the Council, shall be due when the Fireworks Sales Permit Application is submitted to Clerk.
(4) Liability Insurance. Proof of liability insurance separate from the building property insurance in amounts required under State law and administrative rules.
(5) Site Plan. A site plan of the location where sales are requested must accompany the Fireworks Sales Permit Application. Two paper copies and one electronic copy shall be provided.
(6) Building or Structure Floor Plan. A building or structure floor plan of the location where sales are requested must accompany the Fireworks Sales Permit Application. Two paper copies and one electronic copy shall be provided.
(7) Approval of Property Owner. A copy of a lease agreement or letter of approval from the property owner of the location where sales are requested must accompany the Fireworks Sales Permit Application.
(8) Fire Inspection. Any property, building, or premise, whether it be permanent or temporary, intended for the sale of first-class or second-class consumer fireworks shall have an inspection completed by the Fire Chief, or their designee, prior to engaging in the sale of first-class or second-class consumer fireworks for each sales period set forth in Section 727.2 of the Code of Iowa. The Fire Chief, or their designee, shall cause an inspection to occur meeting the requirements of the current Fire Code adopted by the City, State law and regulations, and NFPA 1124. A Fireworks Sales Permit shall only be issued upon completion of a satisfactory inspection.
B. Dates of Sale. First-class and second-class consumer fireworks sales shall only be conducted in accordance with dates and times designated by Section 727.2 of the Code of Iowa. It shall be unlawful to sell consumer fireworks without meeting the requirements specified in this Code, or to sell consumer fireworks outside of the dates specified.
(1) Approved consumer fireworks sales meeting the requirements of this chapter shall be allowed from an approved permanent structure or building between June 1 and July 8 and from December 10 until January 3.
(2) Approved consumer fireworks sales meeting the requirements of this chapter shall be allowed from an approved temporary structure between June 13 and July 8.
C. Safety Requirements. The following safety requirements shall be adopted for all locations where consumer fireworks are sold:
(1) All retailers and community groups shall remain compliant with all applicable laws and rules throughout the duration of their selling period.
(2) Consumer fireworks sales shall only be allowed in areas properly zoned for such use.
(3) No person shall sell consumer fireworks to a person under the age of 18.
(4) Consumer fireworks shall not be sold to an intoxicated person or to any person whom a reasonable person would believe may be impaired by other substances.
3. Declaration of Emergency and Suspension of the Discharge of Fireworks.
A. Whenever drought, high winds, or other natural phenomena create, or are likely to create, hazardous conditions and increased chance of fire danger and the Fire Chief determines that adverse conditions exist for the use and exploding of consumer fireworks, the Fire Chief, or their designee, may issue a temporary ban on the use of consumer fireworks within the City. The Fire Chief, or their designee, shall have the authority to declare an emergency and temporarily halt the use of all fireworks.
B. The Fire Chief, or their designee, shall inform the area radio and television stations and the local press of the emergency declaration and when the emergency will be in effect and ask that public service announcements be made. The City Manager, or their designee, shall post information concerning the emergency declaration and summarizing the regulations on the City website.
4. Manufacture of Fireworks. It shall be unlawful for a person to manufacture consumer fireworks within the City limits without a permit as may be required by local, State, or federal laws and regulations.
5. Revocation of Fireworks Sales Permit. The Fire Chief may, for cause, revoke the permit of any fireworks sales permit holder. An appeal of the decision may be taken to the City Manager by filing a written notice with the Clerk. The appeal must be filed within 10 days from the date of the decision. The City Manager shall schedule a hearing on the appeal within seven days from the receipt of the notice. The appeal shall stay the decision of the Fire Chief unless the City Manager directs otherwise. A hearing on the appeal shall be scheduled before the City Manager, or the City Manager’s designee, within 14 days. At the public hearing, the applicant shall have the opportunity to present evidence or arguments the applicant may have as to why the action of Fire Chief appealed from should not be approved by the City Manager. The City Manager shall render a written decision on the appeal within seven days after the hearing. The decision of the City Manager shall be final. The parties may extend the time limits set forth herein by mutual agreement.
6. Violations. Unless otherwise provided by law or this Code, violations of any provisions of this section are hereby declared simple misdemeanors. Anyone violating the provisions of this ordinance shall, upon conviction, be fined a minimum amount of not less than $500.00 and punished as further provided in Section 1-4A-2 and pursuant to Section 727.2 of the Code of Iowa. Violations of this chapter shall be reported to the State Fire Marshal.
7. Exceptions. This section does not prohibit the sale by a resident, dealer, manufacturer, or jobber of such consumer 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 theater, 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.