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It is unlawful for a person to throw stones, bricks or missiles of any kind or to shoot arrows, rubber guns, slingshots, air rifles, BB guns or other dangerous instruments or toys on or into any street, alley, highway, sidewalk, public way, recreational trail, public ground or public building, without written consent of the Council.
(Code of Iowa, Sec. 364.12 [2])
It is unlawful for any person to urinate or defecate onto any sidewalk, street, alley, or other public way, or onto any public or private building, including but not limited to the wall, floor, hallway, steps, stairway, doorway or window thereof, or onto any public or private land.
The sale, use or exploding of fireworks within the City is subject to the following:
1. Definition. For purposes of this section, definitions are enumerated in the Iowa Code section 727.2, which definitions are incorporated herein by reference.
(Code of Iowa, Sec. 727.2)
2. Sales - General Requirements.
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) Fire Inspection: Any property, building, or premise whether it be 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 or their designee 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 of Nevada. Inspection Costs shall be assessed as follows:
a. Permanent Structure where fireworks are sold - Annual inspection fee of $100.
b. Temporary or Non-Brick or Mortar Building where fireworks are sold - Annual inspection fee of $200.
B. Dates of Sale: Consumer fireworks sales shall only be conducted in accordance with dates and times designated by Iowa Code Section 727.2. It shall be unlawful to sell consumer fireworks without meeting the requirements specified in this ordinance, or to sell fireworks outside of the dates specified.
(1) Approved consumer fireworks sales meeting the requirements of this chapter shall be allowed from an approved permanent structure or building between June 1 and July 8 and from December 10 until January 3.
(2) Approved consumer fireworks sales meeting the requirements of this chapter shall be allowed from an approved temporary structure between June 13 and July 8.
C. 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) There shall be no more than 1000 lbs of 1.4G consumer fireworks on site at any temporary structure sales location.
(3) Any permanent structure used primarily for the purpose of consumer fireworks sales shall be located 35 feet from a property line, public roadway, alley, or highway; and 70 feet from an inhabited building.
(4) Any temporary structure having between 500 and 1000 pounds of total aggregate weight of DOT 1.4 class consumer fireworks shall be located 55 feet from a property line, public roadway, alley, or highway; and 110 feet from an inhabited building.
(5) Smoking, open flame source, or matches shall not be located within 50 feet where consumer fireworks are sold. 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.
(6) 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.
(7) Locations shall maintain a 48-inch clear aisles between consumer fireworks display shelves.
(8) 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.
(9) Consumer fireworks sales shall only be permitted in a single story at grade building or structure to facilitate easy exiting during an emergency.
(10) 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.
(11) 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 8 seconds.
(12) 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.
(13) 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.
(14) 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.
(15) Consumer fireworks sales shall only be allowed in areas zoned for commercial use.
(16) Any person engaged in consumer firework sales in any other zone other than commercial zoned areas shall not be approved for sales within the city limits.
(17) No person shall sell a DOT 1.4 class consumer firework to a person under the age of 18.
(18) 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. Fireworks - Discharging 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 they own or on property where consent has been given and the property owner is present. 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.
(Ord. 1000 - Aug. 18 Supp.)
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 1 thru July 4 from the hours of 6 pm until 10 pm.
Exception: discharge hours are extended from noon to 11 pm on July 4th only.
(2) December 29 and 30 from the hours of 5 pm until 9 p.m.; December 31 from the hours of 5 pm until 11:59 pm; and January 1 from the hours of 12 am-12:30 am and 5 pm until 9 pm.
(Ord. 1000 - Aug. 18 Supp.)
F. It shall be 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. The City may, upon application in writing, grant a permit for the display of display fireworks on public property by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such display 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 per person.
(2) Property Damage: $50,000.
(3) Total Exposure: $1,000,000.
4. Violations. All violations of any provisions of this Chapter 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. Fines shall be set by resolution of the City Council. Violations of this chapter shall be reported to the state fire marshal.
5. Exceptions. This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as 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.
(Ord. 994 - Jan. 18 Supp.)
1. As used in this section “drug paraphernalia” means all equipment, products or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:
A. Manufacture a controlled substance.
B. Inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
C. Test the strength, effectiveness or purity of a controlled substance.
D. Enhance the effect of a controlled substance.
Drug paraphernalia does not include hypodermic needles or syringes if manufactured, delivered, sold or possessed for a lawful purpose.
2. It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell or possess drug paraphernalia.
(Code of Iowa, Sec. 124.414)
1. Purpose. It is hereby declared that the occurrence of false alarms constitutes both a nuisance and a hazard to life and property. It is the purpose of this section to maintain a state of readiness to respond to legitimate public safety calls from the general public; to protect the general public traveling streets; and to protect the personnel of the Nevada Community Fire Department, from the dangers created when responding to erroneous, false and mistaken response calls from security, fire or other specialized electronic or mechanical alarm devices or alarm systems. Council finds it necessary to the health, safety, and welfare of citizens to enact the following provisions governing false alarms.
2. Definitions.
A. "Alarm Company" shall mean a business providing among its services alarm sales, installation, service, monitoring or billing Alarm Users or the service of receiving on a continuous basis, through trained employees, emergency signals from Alarm Systems, and thereafter immediately relaying the message by live voice to Dispatch.
B. "Alarm System" shall mean any device used to detect fire, excessive heat, or smoke, which, when activated, causes notification to be made directly or indirectly to the Fire Department, or any such device or system designed primarily for the purpose of giving an audible or visual signal of fire excessive heat or smoke. An Alarm System for the purpose of this section shall not include an alarm installed on a motor vehicle.
C. "Alarm User" means the person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure or facility who owns, leases, installs or contracts for or otherwise obtains an Alarm System and thereafter contracts with or hires an Alarm Company to monitor and/or service the alarm device, or who owns or operates an Alarm System.
D. "Annunciator" shall mean that part of an Alarm System, which communicates the fact that the system has been triggered.
E. "Arming Station" shall mean a device, also known as a control pad, control panel, or alarm panel that allows control of an Alarm System.
F. "Audible Annunciator" shall mean an annunciator, which gives an alarm by means of a bell, siren, buzzer or similar sound-producing device mounted at some location which, when activated, is clearly audible at a distance of fifty (50) feet or more outside of any building in which it is mounted. Any non-monitored system with one or more audible annunciations shall constitute a Local Alarm System.
G. "Building" shall mean any multi-family dwelling, apartment, commercial business, school, church, religious facility, health care facility, or other structure or place within the response district.
H. "Chief" shall mean the Fire Chief or designated representative who is authorized by the Chief to exercise any power or duty conferred to the Chief.
I. "City" shall mean the City of Nevada, Iowa.
J. "Coordinator" shall mean the individual designated to enforce the provisions of this section.
K. "Department" shall mean the Nevada Community Fire Department.
L. "Dispatch" shall mean the Story County Communications Division of the Story County Sheriff's Office.
M. "Error or Mistake" shall mean incorrect, faulty or unintentional act by any person, firm, corporation, or other entity owning or operating any dwelling, building or place, or any action by an agent or employee of said person, firm, corporation, or by any other entity which results in the activation of an alarm system when no emergency exists. This shall include testing an alarm system without first notifying Dispatch.
N. "False Alarm" shall mean an alarm signal causing a response by the Department when a situation requiring a response did not exist at or about the time of the response. The burden of proving that such an alarm signal was not a False Alarm shall be on the Alarm User.
O. "Fire Alarm" shall mean an alarm signal intended to indicate a fire, smoke or intense heat.
P. "Willful Misuse" shall mean any voluntary activation of an alarm system when no fire or other emergency exists or is in progress.
Q. "Local Alarm System" shall mean a non-monitored Alarm System which when activated causes an audible and/or visual signaling device to be activated and which is intended to be heard and/or seen by others inside and/or outside of the protected premises.
R. "Malfunction" shall mean any unintentional activation of an alarm system caused by an electronic or mechanical flaw in the design, installation, maintenance or operation of the system, except it is not to include any activation caused by a violent condition of nature or other extraordinary circumstance.
S. "Monitoring" shall mean the process by which an Alarm Company or its designated alarm answering service receives signals from an Alarm System and relays an alarm response request to Dispatch for the purpose of summoning Fire personnel to the alarm site.
T. "Response District" shall mean any area within the corporate City limits of the City of Nevada, and the entirety of Grant and Richland Townships, and those sections of Nevada and Milford Townships, which are within the first due response assignment area of the Department.
3. Willful Misuse. Any person who intentionally activates any false alarm shall be guilty of a simple misdemeanor, punishable by a fine of fifty dollars ($50.00) to five hundred dollars ($500.00) and/or up to thirty (30) calendar days in jail.
4. Grace Period after Installation of an Alarm System. Upon the installation date of a new or replacement alarm system, a grace period of fourteen (14) calendar days will be allowed for the alarm user to become familiar with the operations of the alarm system and to make corrections to the alarm system. Service charges for false alarm as stated in the Excessive False Alarm Service Charges section would be waived during the grace period, providing the number of false alarms during the grace period is not excessive. An excessive number of false alarms are:
A. Equal to three (3) or more false alarms in one (1) calendar day or twenty-four (24) hour period.
B. Equal to four (4) or more false alarms in the first fourteen (14) calendar days since installation of the alarm system.
5. False Alarm Response.
A. Fire Department. A false alarm for fire suppression or other fire fighting incidents usually requires multiple Firefighters from the Department to respond in multiple and specialized fire fighting equipment depending on the type of alarm.
B. Extenuating Circumstances. The City, after review by the Chief with a report of the extenuating circumstances to the City Administrator, may waive the service charge for a false alarm resulting from extreme or severe weather conditions or other extenuating circumstances, as determined on a case-by-case review.
6. Excessive False Alarms; Service Charges.
A. As a result of the Department's response to the activation of a building's Alarm System, the Alarm User shall pay the City, within twenty (20) calendar days of invoice, for any False Alarm generated by the Alarm User's alarm system, in accordance with the following schedule:
The first, second, and third False Alarm during calendar year | $ 0.00 |
The fourth False Alarm during calendar year | $100.00 |
The fifth False Alarm during calendar year | $200.00 |
The sixth and subsequent False Alarm during calendar year | $400.00 |
Late Fee for each False Alarm Invoice that is delinquent | $ 50.00 |
B. The City may use all available legal remedies to collect delinquent service fees and late penalties.
7. Right to Appeal. An Alarm User assessed a False Alarm fee may appeal it in writing to the Board of Appeals. The filing of an appeal with the Board of Appeals stays the assessment of the False Alarm fee until the Board of Appeals makes a final decision.
A. The Alarm User shall file a written appeal to the Board of Appeals by setting forth the reasons for the appeal within ten (10) days after receipt of the False Alarm fee notice. The Board of Appeals will review relevant items, including conditions of nature, for the date and time of the occurrence of the False Alarm but may uphold the appeal only if there was no False Alarm or the False Alarm was not contributed to by the act(s) or omission(s) of the Alarm User and/or its family, pets, guests, employee(s) and/or invitees.
B. The Alarm Company, or its designated alarm answering service, shall be assessed a fee of two hundred and fifty dollars ($250.00) when an on-site employee of the Alarm Company, or its designated alarm answering service, directly caused the False Alarm, or failed to contact the Alarm Company answering service and/or Dispatch prior to the commencement of service work on the Alarm System.
C. The Alarm Company, or its designated alarm answering service, shall be assessed a fee of two hundred fifty dollars ($250.00) if the Alarm Company, or its designated alarm answering service, reports an alarm signal to Dispatch where no alarm or emergency exists in the building.
8. Notices.
A. Notice or billing from the City to any Alarm User shall be deemed to have been given or rendered on the date such notice or billing is deposited in the U.S. mail, first class postage, addressed to the Alarm User at the address shown on records of the City or the Story County Assessor.
B. Notice from the City to any Alarm User shall be deemed to have been given or rendered five (5) business calendar days after the date of such notice is deposited in the U.S. mail, first class postage, addressed to the Alarm Users at its address shown in the City or the Story County Assessor.
9. Grace Period for Notification of Section Provisions to Alarm Users. This section shall be fully enforceable on January 1, 2011. This will allow the Chief to notify in writing Alarm Users of the provisions in this section before enforcement of the provisions of this section.
10. City Liability Limitations. Nothing in this section shall create or be construed to create a duty upon the City of Nevada to respond to any alarm whether or not the alarm is false. An alarm, like any request for service, may be responded to within the resources of the City of Nevada in light of other responses required at the time of the alarm.
(Sec. 41.15 - Ord. 962 - Jun. 11 Supp.)
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