41.14   SALE AND USE OF FIREWORKS.
The sale, use or exploding of fireworks shall not occur within the City except as may be provided for herein.
1.   Definition. For purposes of this section, definitions are enumerated in Code of Iowa Section 727.2, which definitions are incorporated herein by reference.
(Code of Iowa, Sec. 727.2)
2.   Sales - General Requirements for Sale of Consumer Fireworks.
   A.   Prior to any person engaging in the sale of consumer fireworks, the following shall be provided to the Fire Chief:
      (1)   License. Proof of valid license issued from the State Fire Marshal.
      (2)   Liability Insurance. Proof of liability insurance separate from the building property insurance specifically showing coverage of fireworks sales for an aggregate amount of $2,000,000.
      (3)   Zoning Certificates and Building Permits. Proof that the property, building, structure, or premises, whether temporary or permanent, complies with all applicable site plans, building codes, or zoning ordinances of the City.
      (4)   Fire Inspection. Any property, building, or premises, whether permanent or temporary, intended for the sale of consumer fireworks shall have an initial fire inspection completed by the Fire Chief prior to engaging in the sale of consumer fireworks. The Fire Chief shall cause an annual inspection to occur meeting the requirements of the National Fire Protection Code 1124 (2006 edition) and the current fire code adopted by the City. Inspection costs shall be as established by resolution of the City Council.
      (5)   Fee. The fee for a fireworks sales permit shall be $200.00.
   B.   Dates of Sale. Consumer fireworks sales shall only be conducted in accordance with dates and times designated by Code of Iowa Section 727.2. It is unlawful to sell consumer fireworks without meeting the requirements specified in this section, or to sell fireworks outside of the dates specified.
      (1)   Approved consumer fireworks sales meeting the requirements of this section shall be allowed from an approved permanent structure or building between June 1 and July 8 and from December 10 until January
      (2)   Approved consumer fireworks sales meeting the requirements of this section shall be allowed from an approved temporary structure between June 13 and July 8.
   C.   Compliance with Building and Zoning Codes. All consumer fireworks sales shall conform with all applicable building, site plan, and zoning ordinances of the City. A building permit shall be required for the construction or erection of any temporary structure such as a stand, tent, or canopy used for the purpose of the retail display or sale of consumer fireworks to the public.
   D.   Safety Requirements. The following safety requirements shall be adopted for all locations where consumer fireworks are sold:
      (1)   All transportation, storage, and sales of consumer fireworks shall conform to the safety standards set forth by the National Fire Protection Code 1124 (2006 Edition), including (but not limited to) those standards concerning separation distance requirements and aggregate weight limits.
      (2)   Smoking, open flame source, or matches shall not be located within 50 feet where consumer fireworks are sold, and there must be posted signs stating “Fireworks—No Smoking” in letters not less than four inches high. The following exemptions apply:
         a.   Lighters and matches may be sold as part of a retail business in commercial structures who engage in other merchandise sales where consumer fireworks are not the primary business.
         b.   Locations that engage in consumer fireworks sales as a primary source of revenue may sell extended lighters so long as lighters are located in a sealed package and not opened within the store premises.
      (3)   All electrical wiring shall meet NFPA 70 National Electrical Code. Permanent structures or buildings used primarily for consumer fireworks sales shall meet wiring requirements for a hazardous location, including covered light fixtures to avoid sparks upon failure or damage to lights.
      (4)   Locations shall maintain 48-inch clear aisles between consumer fireworks display shelves.
      (5)   Locations shall maintain two approved exits for egress during an emergency. All approved exits shall be clearly marked with signage, except that exit signs shall be illuminated in permanent structures.
      (6)   Consumer fireworks sales shall only be permitted in a single story at grade building or structure to facilitate easy exiting during an emergency.
      (7)   Locations shall have a minimum of two 10-pound ABC rated fire extinguishers mounted in accordance with NFPA 10. Additional fire extinguishers shall be placed in locations to prevent travel distance exceeding 75 feet in order to reach a fire extinguisher.
      (8)   All doors used as service doors outside the view of a clerk shall be locked to prevent unauthorized persons from entering the building unnoticed. If doors are approved exit doors as part of the two approved exits needed, they shall be operable without special tools, keys, or knowledge. Delayed or alarmed egress doors are permitted so long as release is activated within eight seconds.
      (9)   No persons under the influence of alcohol, drugs, or narcotics shall be allowed to remain in the business where consumer fireworks are sold as a primary business.
      (10)   No more than one conex container or approved explosive magazine shall be located on site for short-term storage of extra product. All containers shall be properly placarded and equipped with tamper-proof locking devices. It is permitted to place containers in a security fenced area.
      (11)   Individual consumer fireworks devices or opened consumer fireworks packages shall not be permitted to be displayed. No open fuses shall be exposed during storage inside a sales location.
      (12)   Consumer fireworks sales shall only be allowed in areas where such use is authorized by Chapter 169 of this Code of Ordinances.
      (13)   Any person engaged in consumer firework sales in any zone other than those authorized by Chapter 169 of this Code of Ordinances shall not be approved for sales within the City limits.
      (14)   No person shall sell a DOT 1.4 class consumer firework to a person under the age of 18.
      (15)   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.   Sale of Display Fireworks Prohibited. It is unlawful for any person to offer for sale, expose for sale, sell, display, or sell at retail any display fireworks, except that the City may permit the display of the same as set forth in paragraph 4(H) below.
(Code of Iowa, Sec. 727.2[2])
4.   Discharging Fireworks – General Requirements.
   A.   No person under the age of 18 shall discharge a DOT 1.4 class consumer firework without parental supervision.
   B.   A person shall only discharge a consumer fireworks device on real property owned by such person or on property where consent has been given. Novelties, including snakes, sparklers, or caps, can be discharged on a public place so long as all trash, wrappers, and wires are properly disposed of.
   C.   Consumer fireworks shall not be discharged by persons showing visible signs of, or determined to be, intoxicated or under the influence of a drug or narcotic.
   D.   Any person discharging a consumer fireworks device assumes all responsibility for its operation and the consequences thereof. No person shall discharge a consumer fireworks device in a reckless manner or manner likely to cause death, injury, fire, or property damage.
   E.   No person shall discharge a consumer fireworks device outside the following dates and hours:
      (1)   July 3rd, July 4th and July 5th from the hours of 9:00 a.m. until 10:00 p.m. Exception: Discharge hours are extended to 11:00 p.m. on July 4th only.
      (2)   December 31st from the hours of 5:00 p.m. until 12:30 a.m. on January 1st.
(Paragraph E – Ord. 5-2021 – Apr. 22 Supp.)
   F.   It is unlawful to alter, remove, or discharge components of a consumer fireworks device from its intended method of discharging.
   G.   Sky lantern open flame devices are not permitted to be released within the City limits, except if tethered by a retrievable rope so long as the person discharging has control over the sky lantern.
   H.   It is unlawful for any person to use or explode display fireworks within the City limits, provided that the City may, upon application in writing, grant a permit for the use of display fireworks by a City agency, fair association, amusement park and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:
      (1)   Personal Injury: $250,000.00 per person.
      (2)   Property Damage: $100,000.00.
      (3)   Total Exposure: $1,000,000.00.
   I.   Any person who violates any provision of this section shall be guilty of a simple misdemeanor, punishable by a fine of not less than $250.00.
(Code of Iowa, Sec.364.2 and 727.2)
5.   Violations. Unless a specific penalty is provided for above, all violations of any provisions of this section are hereby declared simple misdemeanors and/or municipal infractions. Violations may be prosecuted as either a misdemeanor criminal offense or a municipal infraction at the sole discretion of the Fire Chief or peace officer. Violations of this section shall be reported to the State Fire Marshal.
6.   Exceptions. This section does not prohibit the sale or use of novelties; or the sale by a resident, dealer, manufacturer, or jobber of such fireworks that 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.