5-2-13: FIREWORKS:
   A.   Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference.
   B.   Prohibitions And Use:
      1.   It shall be unlawful for any person to use or explode any consumer fireworks within the corporate limits of the City of Waterloo except on July 4 of each year between the hours of twelve o'clock (12:00) noon and eleven o'clock (11:00) P.M. Any additional days of allowed use may be designated by resolution of council if adopted between the dates of January 1 and March 1 of each year to apply the same calendar year. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2.
      2.   The use of consumer fireworks that mimic display fireworks or rise to one hundred fifty (150) decibels or to two hundred ten feet (210') elevation is banned from use at all times within the corporate limits of the City of Waterloo unless the user has obtained a permit as provided in subsection D below.
      3.   Consistent with the Code of Iowa, use of fireworks within the corporate limits of the City of Waterloo, when such occurs on July 4, shall only occur on the user's owned real property, or on real property where the owner has given consent prior to use. Use of fireworks, unless a permit has been obtained, is not allowed on city-owned property, public sidewalks, rights of way, streets, parks, or parking lots.
      4.   It shall be prohibited to direct the use of consumer fireworks in any direction other than onto the user's owned real property or the real property where the owner has given prior consent.
      5.   All consumer firework debris shall be removed from the user's real property or wherever such use has resulted in its debris being located.
   C.   Exceptions: This section shall not apply to the use of blank cartridges for a show or the theater, for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
   D.   Enforcement:
      1.   Citations for violations of this section 5-2-13 shall be directed to the person observed/found to have committed the violation or the owner of real property on which the evidence of violation exists. Furthermore, where evidence of violation of noise or nuisance ordinances exists, such citations may also be written.
      2.   The vendors of fireworks shall be monitored during sales periods as to type of consumer fireworks sold and for compliance with subsection 5-2-13(F).
   E.   Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this code.
   F.   Sales: A seller of consumer fireworks must possess a license from the State Fire Marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer fireworks is prohibited within the corporate limits of the City of Waterloo except as authorized by this section.
   G.   Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00). (Ord. 5485, 2-18-2019; amd. Ord. 5568, 8-17-2020; Ord. 5598, 5-17-2021; Ord. 5683, 1-17-2023)