The sale, use and exploding of fireworks within the City are subject to the following:
1. Definition. For purposes of this section, definitions are enumerated in the Iowa Code section 727.2, which definitions are incorporated herein by reference.
(Code of Iowa, Sec. 727.2)
2. Use of Consumer Fireworks Prohibited. It is unlawful for any person to use or explode Consumer Fireworks within the City limits. Any person who violates this provision shall be guilty of a simple misdemeanor, punishable by a fine of six hundred twenty-five dollars ($625.00).
(Code of Iowa, Sec. 364.2 & 727.2)
3. Use of Display Fireworks Prohibited. It is unlawful for any person to use or explode Display Fireworks within the City limits, provided the City may, upon application in writing, grant a permit for the use of Display Fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:
A. Personal Injury: $500,000 per person
B. Property Damage: $500,000
C. Total Exposure: $2,000,000
Any person who violates this provision shall be guilty of a simple misdemeanor, punishable by a fine of six hundred twenty-five dollars ($625.00).
(Code of Iowa, Sec. 364.2 & 727.2)
4. Sale of Consumer Fireworks. It is unlawful for any person to offer for sale, expose for sale, or sell at retail Consumer Fireworks, unless such person holds a valid Consumer Fireworks Seller License pursuant to Iowa Code Chapter 100.19 and, provided, the sale of the same is otherwise authorized by applicable building or zoning regulations. It is further unlawful to sell Consumer Fireworks to a person who is less than eighteen (18) years of age, and for any person who is less than eighteen (18) years of age to purchase or attempt to purchase Consumer Fireworks. Any person who violates any prohibition under this section shall be guilty of a simple misdemeanor, punishable by a fine of six hundred twenty-five dollars ($625.00).
(Code of Iowa, Sec. 100.19 & 727.2)
5. Sale of Display Fireworks. It is unlawful for any person to offer for sale, expose for sale, sell, display, or sell at retail any Display Fireworks, except that the City may permit the display of the same as set forth in Subsection 3 above.
(Code of Iowa, Sec. 727.2(2))
6. Exceptions. This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as are not prohibited by this section and which occurs in accordance with applicable building or zoning regulations; the sale of fireworks if they are to be shipped out of State; the sale or use of blank cartridges for a show or theatre, for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
(Code of Iowa, Sec. 727.2(5))
(Sec. 40.02.12 – Ord. 18-17 – Nov. 18 Supp.)