A. Definitions:
FIREWORKS: | Includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes skyrockets, roman candles, helicopters, daygo bombs, blank cartridges, toy cannons, toy canes or toy guns in which explosives other than toy paper caps are used; the type of balloons which require fire underneath to propel the same; firecrackers, torpedoes, sparklers or other fireworks of like construction; and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance. Nothing in this section shall be construed as applying to toy paper caps containing not more than twenty five hundredths (0.25) of a grain of explosive composition per cap, nor to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor apply to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonials or theatrical or athletic events. |
B. Permitted Public Displays:
1. The fire marshal and the city manager shall review and thereafter deny, approve, or approve with conditions all supervised public displays of fireworks by the city or other organizations or groups of individuals upon completion of the required application and submission of appropriate fees as may be established by resolution of the city council.
2. Each such display shall:
a. Be handled by a licensed, bonded pyrotechnic operator to be approved by the city fire marshal;
b. Be located, discharged or fired such that the display, in the opinion of the city fire marshal, shall not be hazardous to property or endanger any person or persons; and
c. Clearly post a "NO SMOKING" warning within fifty feet (50') of the staging and discharge area established for the display, and no one may smoke within the defined area.
3. Applications for permits shall be made in writing at least fifteen (15) days in advance of the date of the display and shall contain, at a minimum:
a. A map of the proposed display venue, including the temporary storage site, the parking and spectator viewing areas, the fireworks discharge point, location of structures, roads, streets and alleys within a one thousand (1,000) yard radius, overhead obstructions and other hazards;
b. The name of the licensed and bonded operator and his/her contact information;
c. The location of all fire hydrants, water spigots or other access points for water;
d. Proof of general liability insurance in an amount acceptable to the city and including the city as an additional insured;
e. The name of the association, entity, organization or group organizing the display and contact information for the individual who will be responsible during the event;
f. A complete list of the fireworks intended for use in the display along with their projectile range, if any;
g. The location, date and time of the display and the written consent from the landowner; and
h. A detailed safety plan for the event.
4. Upon issuance of the permit, and only then, sales, possession, use and distribution of fireworks for such display, as detailed in the permit, shall be lawful for that purpose only.
5. No permit granted under this section shall be transferable.
6. Following the public display, the permittee and the operator shall be responsible for clean up of the display site, including disposal of all discharged fireworks and all non discharged or "dud" fireworks in a safe manner.
7. A permit may be revoked by the fire marshal when any of the conditions under which the permit was granted change, when a hazardous condition is determined to exist, when, in the best judgment of the fire marshal, such permit must be withdrawn in the interests of public safety, or when the permittee has failed to comply with the conditions of the permit.
8. As a condition of the city granting a permit, the permittee and operator shall be required to replace, subject to availability, a portion of the fireworks to be used in the display with low or no perchlorate fireworks in accordance with the following schedule:
2021 | 10% |
2022 | 20% |
2023 | 30% |
2024 | 40% |
2025 | 50% |
The permittee and operator must provide written documentation acceptable to the city establishing that low or no-perchlorate fireworks are not available or are price prohibitive.
C. Sale And Discharge:
1. Prohibitions:
a. No individual, firm, partnership, corporation, or association shall possess for sale, sell, or offer for sale fireworks within city limits.
b. No parent, guardian, or custodian of any child under the age of majority shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of majority without proper supervision. Possession or discharge by any child under the age of majority within city limits shall be prima facie evidence of the knowing permission or consent of such parent, guardian, or custodian.
c. No fireworks may be discharged:
(1) Within the boundaries of or within three hundred feet (300') of any park owned or maintained by the city without a public display permit, except as otherwise provided in this section;
(2) Upon any public street, alley, road or right-of-way, except as otherwise provided in this section;
(3) Within one thousand feet (1,000') of any hospital, nursing or assisted living facility;
(4) Under or upon a motor vehicle, whether moving or not; and
(5) Within three hundred (300') of any gas station, gas, oil or propane storage facility or other area which is highly flammable by nature.
2. Allowed Discharges:
a. Subject to the limitations contained in this section, permitted fireworks, as listed in subsection C2d below, may be discharged within city limits only on private property of the owner, or with the owner's permission, or on paved city streets that are not arterial streets or collectors when such discharge is in a safe and sane manner and limited to:
(1) Between eleven o'clock (11:00) A.M. and ten o'clock (10:00) P.M. on July 3; and
(2) Between eleven o'clock (11:00) A.M. and eleven fifty-nine o’clock (11:59) P.M. on July 4.
b. As used in this subsection, the phrase "safe and sane" refers to actions that do not endanger life, limb, or property of those in the area of the discharge.
c. Nothing in allowing the limited discharge of fireworks within the city relieves the individual, firm, partnership, corporation, or association of its responsibility for any injury or damage caused to individuals or property by the discharge of fireworks.
d. Permitted fireworks are of the following type of "consumer fireworks" among those listed in federal law:
(1) A cardboard or heavy paper cylindrical tube or cone that:
(A) Produces a shower of color and sparks that reach a maximum of fifteen feet (15');
(B) May whistle or pop; and
(C) Is not designed to explode or leave the ground.
(2) A pyrotechnic wheel device:
(A) May be attached to a post or a tree; and;
(B) Contains up to six "driver" units or tubes.
(3) Any device that:
(A) Spins, jumps, or emits popping sounds when placed on the ground;
(B) Does not exceed a height of fifteen feet (15') when discharged; and
(C) Does not travel laterally more than ten feet (10') on a smooth surface when discharged.
(4) Sparklers under twelve inches (12") in length which do not have a magnesium make up, glow worms, snakes, party poppers, trick noisemakers.
e. When, in the opinion of the fire marshal or fire chief, drought or other conditions exist which, coupled with the discharge of fireworks, could pose a hazard to persons or property, the fire marshal or chief shall issue a ban on the discharge of all fireworks until such time as the condition(s) causing the ban cease to exist.
f. Any individual, firm, partnership, corporation, or association discharging fireworks under this section shall, upon such discharge, be responsible for the clean-up of the discharge site, including disposal of all discharged fireworks, all non-discharged or "dud" fireworks, and all associated debris in a safe manner.
g. The safe and sane discharge of fireworks in accordance with the provisions of this section shall not be deemed a violation of section 5-2-5 of this code.
D. Penalty:
1. Any individual, firm, partnership, corporation, or association violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, punished by a fine of not less than three hundred dollars ($300.00) and not more than five hundred dollars ($500.00) for the first offense, and not less than five hundred dollars ($500.00) for the second or subsequent offense or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment. Each day that a violation continues shall be deemed to be a separate offense. In addition, any individual, firm, partnership, corporation, or association violating the provisions of this section shall be deemed to have committed a municipal infraction, the penalty for which is set forth in section 1-4-4 of this code. For each separate incident, the city shall elect to treat the violation as a misdemeanor or a municipal infraction, but not both. If a violation is repeated, the city may treat the initial violation as a misdemeanor and the repeat violation as a municipal infraction, or vice versa.
2. In the case of violation by a firm, partnership, corporation, or association, the manager or members of the partnership or responsible officers or agents shall be deemed prima facie responsible, individually, and subject to the penalties as provided herein.
3. Any damages caused or injuries sustained as a result of any violation of this chapter shall be ordered paid as restitution as part of any conviction for any violation, to the extent of the court's jurisdiction.
4. The court may order reimbursement of the costs of enforcement, investigation, fire suppression services and overtime related to a violation upon conviction, to the extent of the court's jurisdiction. (Ord. 14-01, 3-3-2014; amd. Ord. 21-05, 5-3-2021)