A. Definitions:
FIREWORKS: For the purposes of this section, "fireworks" will have the same definition as contained in Minnesota Statutes section 624.20 subd. 1(c) or any superseding statute.
B. Permit Required: No person shall sell or possess for sale fireworks without first having obtained an annual permit from the City.
1. The Fire Chief shall give final approval or denial of an application for the manufacture, storage for commercial purposes, or sale of fireworks within fourteen (14) days of such application being made to the City.
2. Permits shall be issued for a period of one calendar year.
3. Prior to processing the application, a criminal records check must be conducted; neither the applicant nor the responsible party for the permit shall have been convicted of a felony or a fire/fireworks-related misdemeanor within the last three (3) years.
4. Prior to processing the application, the Fire Chief shall determine that the proposed location is Code compliant.
5. The application shall include a letter from the person legally responsible for the property on which the fireworks related activity will occur. Such letter shall grant permission to the applicant for the use of said property.
C. Sales And Storage Of Fireworks:
1. No person shall sell or store fireworks within twenty feet (20') of any fuel dispensing apparatus.
2. It shall be unlawful for any seller of any fireworks to permit smoking at any site containing fireworks. "No Smoking" signs must be conspicuously posted and approved fire extinguishers must be available for use.
3. In buildings that do not have an automated sprinkling system, retail sales displays of fireworks shall be limited to a gross weight of five hundred (500) pounds of fireworks. In buildings that do contain an automated sprinkling system, the amount of fireworks contained in retail sales displays shall be determined by the Sleepy Eye Fire Chief on a case by case basis after considering the building's construction, fire suppression apparatus and other relevant factors.
4. The requirements of this section are in addition to any requirements imposed by any building and zoning regulations, fire codes or State law.
5. Only persons eighteen (18) years of age or older may purchase or sell fireworks and the age of the purchaser must be verified by photographic identification. A sign indicating only persons eighteen (18) years of age or older may purchase fireworks must be displayed during the hours of sale which shall be limited to between eight o'clock (8:00) A.M. and nine thirty o'clock (9:30) P.M.
6. No exterior storage of fireworks are permitted. No manufacturing, sales or storage for commercial purposes shall occur on residentially zoned property or properties used for educational purposes or assemblies. Sale and storage in a non- permanent structure may not exceed 20 feet by 20 feet in size.
7. A list of all consumer fireworks displayed and stored on the property shall be available at time of purchase for all fireworks for sale at location. The list shall document the name, and quantity of the fireworks and be accompanied by the material safety data sheets.
8. Manufacturing, warehouse buildings, or display in excess of the quantities listed for retail consumer fireworks shall be classified as occupancy and protected similarly to explosives and aerosols.
9. A handout describing fireworks shall be provided to each consumer purchasing fireworks.
D. Use And Possession:
1. It is unlawful to use, fire or discharge any fireworks along the route of and during any parade, in any place of public assembly, on any public property or in any commercial/industrial zoning district.
2. It is unlawful at any time to throw, toss, or aim any fireworks at any person, animal, vehicle or other thing or object or used in any manner that may threaten or cause possible harm to life or property.
3. The discharge of fireworks shall be prohibited inside a building and within fifteen feet (15') of any building.
4. The Fire Chief may ban fireworks if dry or windy conditions occur.
5. Juveniles may not possess fireworks unless under the direct supervision of a responsible adult.
6. Fireworks may not be discharged in such a manner that may create a nuisance nor between the hours of ten o'clock (10:00) P.M. to eight o'clock (8:00) A.M. with the exception of the 4th of July when the hours for discharge of fireworks will be allowed from eight o'clock (8:00) A.M. to twelve o'clock (12:00) midnight.
E. Penalties:
1. Materials which violate and/or pose a threat to public safety may be confiscated and destroyed. Costs associated with disposal shall be assessed back to the property owner or permit holder.
2. Violations of this regulation, City ordinance or State Statute may result in revocation of the permit.
3. Violations of these fireworks rules are misdemeanor offenses punishable by fines up to one thousand dollars ($1,000.00) and/or ninety (90) days in jail. (Ord. 120, 2nd Series, 5-13-2014)