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(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)
(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
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
(A) A responsible person of 18 years of age or older must be in charge of the stand at all times it is open for business. Smoking shall be prohibited within 50 feet of any stand, and the permit holder shall display “No Smoking” signs in prominent places on or about the stand. Metal refuse containers of adequate size and number and with tight-fitting lids must be provided on the premises. All trash, rubbish, and debris shall be collected from time to time so as not to become unsightly or blow upon the premises of others. Fireworks shall not be sold to an individual under the age of 16 years. Stand operators shall require identification and proof of age as deemed necessary to meet the requirements of this section.
(B) Each stand which is approved will be required to furnish with each sale a single printed sheet to each purchaser, stating that the exploding or discharging of fireworks within the city is prohibited except as provided in § 113.05; and that a violation thereof is punishable as provided in § 10.99. There shall be permanently displayed on or about each stand at all times a sign, to be prepared by the city, stating that the exploding or discharging of fireworks within the city limits is prohibited except as provided in §§ 113.05 and 113.14 of this chapter; and that violations thereof may be punishable as provided in § 10.99.
(Prior Code, § 9-814) Penalty, see § 110.99
The Chief of the Fire Department may adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks by fair associations, amusement parks, and other organizations or groups of individuals. Such permits may be granted upon application to the Chief of the Fire Department and the filing of a bond by the applicant as provided in § 113.15. Every such display shall be handled by a competent operator approved by the Chief of the Fire Department and shall be of such composition and character and so located, discharged, or fired as, in the opinion of the Chief of the Fire Department, after proper inspection, shall not be hazardous to property or endanger any person.
(Prior Code, § 9-815) Penalty, see § 110.99
(A) Before a permit for fireworks display or retail fireworks stand is issued, the applicant for such display or stands, as the case may be, shall deposit with the city a surety bond in the amount of $3,000 for each display site or $1,000 for each fireworks stand. The bond shall be issued by a surety bonding company authorized to do business in Oklahoma, and shall be made payable to the city in the event the applicant fails to comply with the provisions of this section. In the event the permit holder of such display or fireworks stand does not clean such display site or fireworks stand by July 10, the city shall clean or cause to be cleaned, without notice to the permit holder, the display site or fireworks stand, and the actual cost of such cleaning shall be paid for from the bond so deposited with the city. Failure to comply with this requirement shall be cause for rejection of any future application for a permit.
(B) At the time of the application for a permit, or prior to the issuance of a permit, for a fireworks display or fireworks stand, the person or persons making such application for a permit shall provide physical evidence of property damage and personal injury insurance coverage for each licensed fireworks display or fireworks stand. Such insurance coverage shall provide for each display site or each retail stand a minimum coverage of $250,000 for property damages, personal injuries, or deaths arising from the operation of such fireworks display or fireworks stands.
(C) The permit holder shall assume full responsibility for any property damages, personal injuries, or death arising from such fireworks display or from the operation or sale of such fireworks from the retail fireworks stands. The coverage required under division (B) above and the requirements in § 113.11 of this chapter shall be used to indemnify and hold harmless the city, its officials and employees from any liability arising from the conduct, operation, or sale of such fireworks at each of the display sites or at each of the retail fireworks stands, to include place of ingress or egress.
(Prior Code, § 9-816) Penalty, see § 110.99
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