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A. Rules And Regulations: The city council may make rules and regulations covering blasting and the use of explosives, and the failure to comply with any of the rules and regulations so promulgated, after actual notice of the existence of the rules and regulations, shall be deemed to be an offense.
B. Inspections: All blasting or the use of explosives shall be inspected and supervised by the city council. The city council may appoint an inspector to supervise blasting or the use of explosives, and the inspection and supervision in such a case shall be for such a period of time as the city council shall deem necessary for the performance of the service. When inspection is performed, the sum of five dollars ($5.00) per one-half (1/2) day (4 hours), or a fraction thereof, shall be deducted from the special or general deposit made in accordance with the provisions of this article. (Rev. Ord. 1781, Comp. 1941, p. E-8)
A. Required: No person shall blast or use any explosives for blasting purposes without first obtaining a permit in writing therefor from the city clerk.
B. Application; Contents: Any person desiring to obtain a permit required by this section shall file with the city clerk a petition in writing therefor, signed by the applicant, which petition shall contain a description of the premises whereon the blasting is to be done.
C. Factors Considered For Permit: The city council must first satisfy itself that the granting of the permit required by this section will in no way jeopardize or seriously menace the public peace, health or safety, and the city council may consider any facts or evidence bearing on the location where the blasting is proposed to be done, the experience of the applicant for the permit, and any other facts or evidence tending to enlighten the city council in this respect.
D. Deposit Required:
1. No permit required by this section shall be issued until the applicant therefor shall have deposited eleven dollars ($11.00) to cover the cost in connection with the issuance of the permit and the necessary inspection in connection therewith, for each day during any portion of which blasting or the use of any explosive is to be carried on by the applicant; however, any applicant may make and maintain with the city council a general deposit of three hundred dollars ($300.00), which general deposit shall be used for the same purpose as a special deposit mentioned in this subsection, and while the general deposit is maintained at the sum of three hundred dollars ($300.00), the applicant shall not be required to make the special deposit mentioned in this subsection, but shall be required to comply with all other provisions of this article relating to blasting.
2. The city clerk shall deduct from the special or general deposit made pursuant to subsection D1 of this section the sum of one dollar ($1.00) to cover the cost of the permit, and the costs of service of the inspector therefor, and the remainder of the general or special deposit, if there be any remainder upon the surrender of the permit, shall be refunded to the person making the deposit or to his assigns. In case the deposit made pursuant to subsection D1 of this section shall not be sufficient to pay the cost of the service of the inspector, the person to whom the permit is issued shall, upon demand, pay to the city clerk a sum sufficient to cover all such costs; upon failure to pay such sum, it may be recovered by the City in any court of competent jurisdiction.
E. Contents Of Permit: Each permit issued by the City Council pursuant hereto shall contain a description of the premises and the name of the person to whom such permit is issued and the hours between which the blasting shall be done.
F. Revocation Of Permit: When any permit is issued in accordance with the provisions of this section, it may be revoked at any time by the City Council when it appears that any provisions of this article relating to explosives have been violated. (Rev. Ord. 1781, Comp. 1941, p. E-8)
A. Defined: The term "fireworks" includes any explosive composition, or combination of explosive substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges, firecrackers, torpedoes, skyrockets, Roman candles or other fireworks of like construction and any fireworks containing any explosive or inflammable compound, or other device containing any explosive substance. The term "fireworks" does not include goldstar-producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth (1/8) of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. (Ord. 4370, 7-12-1999)
B. Permits: The City Council may, upon application in writing, grant a permit for the display of fireworks by fair associations, amusement parks and other organizations or groups of individuals approved by the City Council, when the fireworks display will be handled by a competent operator. After the privilege has been granted by the City Council, sales of fireworks for display may be made for that purpose only. As consideration of this privilege granted by the City Council, the applicant for a permit shall indemnify and save harmless the City of Waterloo, Iowa, its employees and agents, for any and all liability that may arise out of the permit and/or the discharging of fireworks within the City limits of the City of Waterloo, Iowa. As a further condition, the applicant for the permit shall provide general liability insurance for the discharge of the fireworks naming the City of Waterloo, Iowa, as an additional insured and in the minimum amount of two million dollars ($2,000,000.00). A certificate of insurance shall be provided to the City Clerk prior to any discharging of fireworks and at the time the application for permit is submitted for consideration by the City Council. (Ord. 4512, 9-17-2001)
C. Penalties: A violation of this article shall result in a scheduled fine of five hundred dollars ($500.00) for the first offense and seven hundred fifty dollars ($750.00) for each subsequent offense. In addition to the civil penalty, the court may impose any appropriate alternative relief ordering the defendant to abate or cease the violation. (Ord. 4370, 7-12-1999)
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