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Hobart Overview
Hobart, OK Code of Ordinances
HOBART, OKLAHOMA CODE OF ORDINANCES
PENDING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 113.04 SALE OF FIREWORKS PROHIBITED; EXCEPTIONS.
   No person shall store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks except as provided in this chapter and the city’s Fire Prevention Code, as amended and adopted.
(Prior Code, § 9-804) Penalty, see § 110.99
Cross-reference:
   Fire Prevention Code, see §§ 32.025 through 32.030
   Offenses, see § 132.02
§ 113.05 DISCHARGE OF FIREWORKS PROHIBITED; EXCEPTIONS.
   (A)   The discharge of fireworks shall not be permitted except in areas and times designated by the City Manager or his or her designated representative.
   (B)   Wholesalers and retailers of fireworks may discharge fireworks for the purpose of training their employees on the proper care, handling, and discharge of fireworks. However, the date, time, and location for the discharge of fireworks for training purposes shall be approved by the Chief of the Fire Department 48 hours prior to such discharge. For the purposes of this subsection only, a written request shall be submitted to the Fire Chief, and the request shall include the date, time, and location for such discharge of fireworks.
(Prior Code, § 9-805) Penalty, see § 110.99
§ 113.06 SALE OF FIREWORKS AT STAND, PERMITS REQUIRED.
   No person shall sell fireworks at retail within the city except at stands operated for such purpose and after being issued a permit therefor as provided herein.
(Prior Code, § 9-806) Penalty, see § 110.99
§ 113.07 APPLICATION FOR FIREWORKS STANDS PERMITS.
   (A)   Application for permits for fireworks stands shall be submitted to the city on or before 5:00 p.m., May 15, annually, and shall contain the following information:
      (1)   Name of applicant;
      (2)   Business and residence address;
      (3)   Telephone number of applicant between the hours of 8:00 a.m. and 5:00 p.m.;
      (4)   Address of fireworks stand; and
      (5)   Date of application.
   (B)   A plot plan shall be submitted for each application which contains all requirements indicated in § 113.02.
   (C)   Any other information required in the application form.
(Prior Code, § 9-807)
§ 113.08 APPLICATION FILING PERIOD AND SITE INSPECTION PROCESS.
   (A)   Applications for the operation of a fireworks stand must be submitted no later than 5:00 p.m., May 15 to be considered.
   (B)   Following the filing of the complete application with the city, city staff shall conduct its review of the application and inspection of the proposed site. Staff will complete its review and either approve or disapprove the application no later than June 1.
   (C)   If the application is approved, a permit shall be issued by the city upon payment of a $50 fee and the filing of bonds and insurance coverage under § 113.15. No fees will be accepted prior to application approval.
(Prior Code, § 9-808)
§ 113.09 DISPLAY OF PERMIT.
   Permits, when issued, must be permanently displayed at all times on the stand for which they were issued and at the site of display.
(Prior Code, § 9-809) Penalty, see § 110.99
§ 113.10 LOCATION OF FIREWORKS STAND; DETERMINATION OF LOCATION.
   (A)   No permit shall be issued for any stand that is located less than 150 feet from any structure or property under a different ownership excluding streets, alleyways, easements, or rights-of-way. Fireworks stands may only be located in agricultural, commercial, or industrial zoning districts, unless the stand’s location has had an approved application by the same applicant for each of the five years preceding the adoption of these regulations, and must meet appropriate setback requirements from any public right-of-way, except that stands are prohibited on areas developed or used as parking lots.
(Prior Code, § 9-810)
   (B)   (1)   In determining whether or not a proposed site or location for a fireworks stand should be
approved, the Fire Chief shall cause each application to be fully reviewed by the following city staff:
         (a)   Code Enforcement Officer, to determine if the proposed location is properly zoned, meets appropriate setback requirements from adjacent public rights-of-way, has proper ingress and ingress and provides appropriate area for parking and maneuvering;
         (b)   Code Enforcement Officer, to determine accessibility from the public street, any conflicts with adjacent intersections, or turning movements which would be hazardous to oncoming traffic; and
         (c)   City Attorney, to determine compliance with § 113.15, pertaining to bonding and insurance requirements.
      (2)   The Chief of the Fire Department shall consider the density of the population in the area, the condition of the premises, the existence of any surrounding structures, the availability of firefighting facilities and any other safety factors which he or she deems important.
(Prior Code, § 9-811)
§ 113.11 SIZE AND CONSTRUCTION OF FIREWORKS STAND AND ACCESS REQUIREMENTS.
   (A)   Fireworks stands shall be at least 50 feet apart and shall not exceed a length of 36 feet nor a width of eight feet. Stands shall be constructed of wood or metal or other material approved by the Chief of the Fire Department.
   (B)   Construction of stands from materials such as cardboard, paper, canvas, or other flammable materials is prohibited. Stands must be open to the front and have an exit door either to the rear or on the end. Each stand shall have at least one, two and one-half gallon or greater capacity water pump tank or other fire-fighting apparatus which is UL or EM approved. The firefighting apparatus shall be maintained in operating condition at all times, and the type and operating capability shall be determined solely by the Fire Chief.
   (C)   Access to the premises of the fireworks stand from a public street shall be from an existing opening, or if an existing opening is not available, a temporary curb mount may be constructed using a “cold lay” asphalt material at the approved points of access. No other material or device may be used for this purpose and all such material must be removed, with street surface, curb, and gutter returned to their original condition within 48 hours of the fireworks stand ceasing operation. Further, the applicant shall include by reference coverage issued under the requirements of § 113.15(B) of these regulations. The purpose of this requirement is to indemnify and hold harmless the city from liability arising from any property damage or personal injury or death resulting from the construction of the temporary curb mounts. In locations where no street curb exists, ingress and egress areas shall be clearly identified and approved by the Code Enforcement Officer. The applicant shall be responsible for insuring that approved access points are used as the sole points of ingress and egress during the period that the fireworks stand is open for business.
   (D)   Access from a state highway shall be from an approved opening. Any modification pertaining to access shall require Oklahoma Department of Transportation approval. No temporary access as described above shall be authorized from an existing state highway.
(Prior Code, § 9-812) Penalty, see § 110.99
§ 113.12 BUSINESS HOURS AND DAYS OF RETAIL FIREWORKS STANDS.
   Retail fireworks stands shall close no later that 11:00 p.m. of each day and shall not reopen until 8:00 a.m. on each day except Sunday, when they shall not be reopened until 12:00 noon. The only period when stands are permitted to be opened for sales is June 25 through 11:00 p.m. July 5, of each year.
(Prior Code, § 9-813) Penalty, see § 110.99
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