The sale, use or exploding of fireworks within the City are subject to the following:
1. Definitions. For the purposes of this Section 41.11, the following terms are defined:
A. "Consumer fireworks" shall mean first-class consumer fireworks and second-class consumer fireworks as those terms are defined in subparagraphs (C) and (E) below.
B. "Display Fireworks" shall mean 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 explosives or flammable compound, or other devices containing any explosive substance.
C. "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) Helicopters and aerial spinners;
(4) Firecrackers;
(5) Mine and shell devices;
(6) Missile-type rockets;
(7) Roman Candles;
(8) Sky rockets and bottle rockets; and
(9) Multiple type devices under this subparagraph (b) which are manufactured in accordance with APA 87-1, section 3.5.
D. "Novelties" shall mean all novelties enumerated in chapter 3 of the APA standard 87-1, and that comply with the labeling regulations promulgated by the United States Consumer Product Safety Commission.
E. "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 and hand held sparkling devices that are manufactured in accordance with APA Standard 87-1, section 3.5;
(5) Ground spinners;
(6) Illuminating torches;
(7) Toy smoke devices that are not classified as novelties pursuant to APA Standard 87-1, section 3.2;
(8) Wheels;
(9) Wire or dipped sparklers that are not classified as novelties pursuant to APA Standard 87-1, section 3.2.
2. The use or explosion of Consumer Fireworks within the City is hereby prohibited.
3. The use or explosion of Display Fireworks by the City, 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. In no event shall a permit be granted unless the operator or sponsoring organization provides evidence to the City of insurance in at least the following amounts:
A. Personal Injury: $ 250,000.00 per person.
B. Property Damage: $ 50,000.00.
C. Total Exposure: $1,000,000.00.
4. The sale of consumer fireworks within a permanent or temporary structure within the City by a retailer or community group is subject to the following:
A. The sale of consumer fireworks can only occur between the dates of June 1st and July 8th inclusive; and December 10th and January 3rd inclusive.
B. The retailer or community group shall maintain commercial general liability insurance of at least One Million Dollars ($1,000,000) per occurrence and aggregate coverage of at least Two Million Dollars ($2,000,000).
C. The retailer or community group shall obtain a permit from the Fire Department to ensure that the permanent or temporary structure meets the guidelines of NFPA 1124, 2006 Edition.
D. All temporary structures for the sale of consumer fireworks shall obtain a Transient Merchant Permit as described in this Code.
E. All temporary structures for the sale of consumer fireworks shall meet the guidelines of NFPA 1124, 2006 Edition.
F. All temporary and permanent structures may hold no more than 125 pounds of explosive materials at any given time.
G. Pays the City a fee in an amount set by Resolution of the City Council.
If the retailer or community group meets the preceding requirements, the Fire Department shall issue the permit. If the permit is denied, the Fire Chief or designee shall issue such denial to the applicant in writing stating the reasons for denial. The applicant may appeal said denial to the City Council by filing notice of appeal within ten (10) days of the date of denial with the City Clerk.
(Ord. 2017-1008 - Dec. 17 Supp.)