The sale, use and exploding of fireworks within the City are subject to the following:
(Code of Iowa, Sec. 727.2)
1. Definition. “Fireworks” or “consumer fireworks,” as used in this section, means those items listed or referred to under the definition of “first-class consumer fireworks” and “second-class consumer fireworks” as set forth under Code of Iowa Chapter 100.
2. Restrictions.
A. No person shall use, explode, discharge any consumer fireworks on days other than July 3 and July 4, between the hours of 9:00 a.m. and 11:00 p.m.
B. A person shall not use, explode, or discharge consumer fireworks on real property other than that person’s real property or on the real property of a person who has consented to the use of consumer fireworks on that property. A person shall not use, explode, or discharge consumer fireworks on publicly owned property except as specifically authorized by permit issued pursuant to this section.
C. A person shall not use, explode, or discharge consumer fireworks within 500 feet of any structure which offers for sale in any manner combustible material, including (but not limited to) gas stations, propane sales, or fireworks sales establishments.
3. Fireworks Permit for Display.
A. Supervised public exhibitions or displays of display fireworks, as defined in Code of Iowa Section 727.2(1)(b), shall be conducted only in accordance with this section and any rules and regulations issued by the Fire Chief for the area included with the permit application.
B. Upon written application, the City may grant a permit for the display of display fireworks by a City agency, fair association, or other organizations or groups, as may be approved by the City, and when such fireworks to be displayed are under the direct control of a licensed and competent operator. Any applications shall have attached thereto proof of insurance with limits not less than $2,000,000.00 per occurrence and $5,000,000.00 aggregate.
4. Sale of Fireworks.
A. No person, retailer, consumer group, or otherwise shall sell or display for sale any fireworks without possessing a consumer fireworks seller license as required under Code of Iowa Chapter 100, and without providing evidence of insurance in the amounts not less than $2,000,000.00 per occurrence and $5,000,000.00 in the aggregate.
B. The sale or display for sale of fireworks shall only occur within structures complying with all zoning, fire, building, electrical and plumbing codes applicable to fireworks sales operations and uses.
C. A person, firm, partnership, or corporation shall not sell consumer fireworks to a person who is less than 18 years of age.
5. Penalty. A person, firm, partnership or corporation who violates any provision of this section commits a simple misdemeanor punishable by a fine not less than $250.00 per violation.