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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