The provisions of § 96.31 of this chapter shall not apply to a public display of fireworks made under the terms and conditions of this section, and such display shall be permitted upon compliance with the provisions of city’s adopted Fire Prevention Code and of this section, as follows.
(A) Any adult person or any firm, copartnership, corporation or association planning to make a public display of fireworks shall first make written application for a permit to the Fire Marshal or designee at least 48 hours in advance of the date of the proposed display.
(B) It shall be the duty of the Fire Marshal or designee to make an investigation as to whether the display as proposed by the applicant for a permit under this subchapter shall be of such a character that it may be hazardous to property or dangerous to any person; and he or she shall, in the exercise of reasonable discretion, grant or deny the application, subject to the conditions prescribed in this section. If the application is approved, a permit shall be issued for the public display by the Fire Marshal or designee. Such permit shall be for a period of time designated on the permit, but shall not exceed 14 days, and the permit shall not be transferable. If the application is denied by the Fire Marshal or designee, he or she shall notify the applicant of the denial in writing.
(C) The applicant for a display permit under this section shall, at the time of making application, furnish proof that he or she carries compensation insurance for his or her employees as provided by the laws of the state; and he or she shall file with the Fire Marshal or designee a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than $300,0000, issued by an insurance carrier authorized to transact business in the state, for the benefit of the person named therein as insured, as evidence of ability to respond in damages in at least the amount of $300,000, such policy to be approved by the Fire Marshal or designee. In lieu of insurance, the applicant may file with the Fire Marshal or designee a bond in the amount of $300,000, issued by an authorized surety company approved by the Fire Marshal or designee, conditioned upon the applicant’s payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks or any negligence on the part of the applicant or his or her agents, servants, employees or subcontractors in the presentation of the public display.
(D) The range of aerial displays shall not be more than 200 feet, and the fireworks shall be discharged vertically from tubes approved by the Fire Marshal or designee.
(E) The limit of a display authorized by this section shall be not more than 45 minutes per performance, and there shall not be more than two performances in each 24 hours.
(F) No public display of fireworks shall be of such a character and so located, discharged or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the Fire Marshal or designee.
(G) The persons handling the display of fireworks under this section shall be competent, adult persons and experienced pyrotechnic operators approved by the Fire Marshal or designee. No person not approved by the Fire Marshal or designee shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued.
(H) (1) For each public display of fireworks under this section, the Fire Marshal or designee may require that not less than two firefighters of the city be in attendance during the display.
(2) The expense of such firefighters at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for the permit.
(I) The material to be used for a public display authorized by this section shall not be stored within the city limits, but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage.
(1998 Code, § 54-128) (Ord. 98-56, passed 12-2-1998)