(A) No person shall sell or possess for sale fireworks without first having obtained an annual permit from the city.
(B) An application for a fireworks display permit shall be made in writing to the City Administrator at least 15 days in advance of the date of display. The application shall be promptly referred to the Chief of the Fire Department.
(1) Investigation. The Chief of the Fire Department shall make an investigation to determine whether the operator of the display is competent and whether the display is of such a character and is to be so located, discharged or fired that it will not be hazardous to property or endanger any person. The Fire Chief shall report the results of this investigation to the City Administrator and if he or she reports that, in his or her opinion, the operator is competent and that the display as planned will conform to safety requirements, including the rules and regulations of the state’s Fire Marshal hereinafter provided for, the City Administrator shall issue a permit for the display when the applicant pays a permit fee as determined by resolution of the City Council adopted from time to time. After the permit shall have been granted, sales, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit so granted shall be transferable.
(2) Application for permitted sales, use and/or possession. An application for a permitted sale, use and/or possession permit shall be made in writing to the City Administrator at least 15 days in advance of the date of display. In addition to the application, the applicant shall provide a plan showing the location of fireworks for sale, which plan shall provide for proper exiting and fire extinguisher placement. The application shall be promptly referred to the Chief of the Fire Department.
(C) The Chief of the Fire Department shall make an investigation to determine whether the applicant is competent and to determine that the submitted plan showing the location of fireworks for sale contains proper exiting and fire extinguisher placement. The Fire Chief shall report the results of this investigation to the City Administrator and, if he or she reports that, in his or her opinion, the applicant is competent and that the permitted sale, use and/or possession will conform to safety requirements, including the rules and regulations of the state’s Fire Marshal hereinafter provided for, the City Administrator shall issue a permit when the applicant pays a permit fee as determined by resolution of the City Council adopted from time to time. After the permit shall have been granted, sales, possession, use and/or distribution of fireworks shall be lawful. No permit so granted shall be transferable.
(D) Permits for permitted use, sale and/or possession shall be issued for the calendar year applied for and shall expire on December 31 of that year. Display permits shall be issued for the duration of the event only and expire thereafter.
(E) (1) Prior to processing the application, a criminal records check may be conducted.
(2) Neither the applicant, nor the responsible party, for the permit shall have been convicted of a felony or a fire or fireworks-related misdemeanor within the last three years.
(F) Prior to processing the application, the designated Fire Official shall determine that the proposed location is code compliant.
(G) The application shall include a letter from the person legally responsible for the property on which the fireworks related activity would occur. The letter shall grant permission to the applicant for the use of the property.
(H) No display shall be given unless a permit therefore has first been secured in the manner hereinafter set forth; provided, however, no permit shall be required when the display is given by a municipality or fair association within its own limits.
(2002 Code, § 4.36) (Ord. 37, Sixth Series, effective 5-15-2005) Penalty, see § 116.99