A.
Every applicant for a permit to use or discharge display fireworks
and/or pyrotechnic special effects shall submit to the Fire Department,
with a nonrefundable application fee, a current and fully completed
application on a form provided by the Fire Department.
B.
The fees shall be set by the City's Fee Resolution in an amount
to cover the cost of investigation, review, and inspection by the
City of the premises which will be used for the use or discharge of
display fireworks and/or pyrotechnic special effects.
C.
A permit shall not be issued to a nonresident person, firm, or corporation
for ignition of articles pyrotechnic or display fireworks until the
person, firm, or corporation has appointed in writing a resident member
of the bar of this state or a resident agent to be the legal representative
upon whom all process in an action or proceeding against the person,
firm, or corporation may be served.
D.
All applications shall contain the following information:
(1)
The name, residence address, and telephone number of a resident agent
who is a natural person (No post office boxes will be accepted as
legal addresses.);
(2)
The name, residence address, and telephone number of the applicant:
(a)
If the applicant is a corporation, the name, residence address,
and telephone number of each of the officers and directors of the
corporation and of each stockholder owning more than 10% of the stock
of the corporation if that individual is or will be involved in the
management and/or operation of the business. The applicant shall also
provide the name, residence address, and telephone number of each
individual who will be involved in the management and/or operation
of the business, as well as documentation that the corporation is
in good standing in the state of incorporation;
(b)
If the applicant is a partnership, the name of the partnership
and the name, residence address, and telephone number of each of the
partners having at least a ten-percent ownership interest, as well
as any individual who is or will be involved in the management and/or
operation of the business;
(c)
If the applicant owns stock or has a financial interest in any
other business which sells or manufactures fireworks, the name, address,
and telephone number of the corporation and the name, address, and
telephone number of each such business;
(3)
The address and legal description of the property where the fireworks
will be displayed, or where pyrotechnic special effects will be displayed;
(4)
Authorization for the City, its agents and employees to seek information
and conduct a safety inspection of the premises where fireworks will
be displayed, or where pyrotechnic special effects will be displayed.
The applicant shall give such additional information and identification
necessary to discover the truth of the matters required to be set
forth in the application; and
(5)
The application shall be signed and sworn to by the applicant.
E.
Permits. In addition to the other conditions set forth in this section,
permit applications shall be subject to background investigations
to determine whether the applicant has ever been involved in criminal
or fraudulent activities, or has ever had a license or permit suspended
or revoked for cause.
(1)
If, as a result of the investigation, the Fire Marshal or Chief of
Police has reasonable cause to believe that the applicant may cause
or present a danger to public safety if granted a fireworks display
permit, the City Council may deny the application.
(2)
If, as a result of the investigation, the Fire Marshal or Chief of
Police has reasonable cause to believe that the applicant may cause
or present a danger to public safety if granted a pyrotechnic special
effects display permit, the Fire Marshal may deny the application.
F.
Applicants for a permit to use, discharge, or display fireworks or
pyrotechnic special effects must demonstrate financial responsibility
in the form of a bond or insurance policy in an amount, character,
and form deemed necessary by the City Council for the protection of
the public.
G.
Before granting a permit to use, discharge, or display fireworks,
the City Council shall rule on the competency and qualifications of
the operator of the display as required under NFPA 1123, and the time,
place, and safety aspects of the display.
H.
Cost of policing. Fireworks displays vary in size and scope, and displays of large magnitude cause the City to incur significant additional expenses for police, fire, and emergency services. Therefore, in addition to the nonrefundable application fee, an applicant for a permit to use, discharge, or display fireworks shall deposit with the City, as a condition of enjoying the privileges inherent in receipt of a permit, an amount reasonably calculated to reimburse the City for the cost of additional police and emergency services. The City shall hold such amount, to be determined by the City Council at the time the permit application is considered, in escrow until after the fireworks display. In determining the amount, the City Council may utilize its past experiences and the experiences of other communities. The City shall itemize its additional police and emergency services expenses incurred as a result of the fireworks display and may draw from the escrowed funds to achieve full reimbursement. Remaining funds shall be returned to the permit applicant. In the event that the escrowed funds are insufficient to cover the City's actual costs under this Subsection H, the City shall serve an invoice upon the permit applicant with a demand for payment. Failure of a permit applicant to comply with any of the provisions of this Subsection H shall be a misdemeanor.
I.
Term permits for the use or discharge of display fireworks or pyrotechnic
special effects are valid only for the date(s) and time(s) stated
on the permit itself. Each subsequent use or discharge of display
fireworks or pyrotechnic special effects shall require a new permit,
and the applicant shall follow the application process set forth in
this article.
J.
Display permit conditions. The issuance of a permit for the use or
discharge of display fireworks or pyrotechnic special effects shall
be conditioned upon compliance with all of the terms and conditions
of this article, as well as the provisions of Chapter 33 of the International
Fire Code. In addition, the issuance of such a permit shall be conditioned
upon the following:
(1)
The applicant and property owner must execute a written agreement,
in a form approved by the City Attorney, to allow police, fire, and
emergency personnel designated by the City to be present on the premises
before, during, and after the fireworks or pyrotechnic special effects
display for purposes of supervising and inspecting the display and
surrounding conditions for public safety hazards and violations of
City codes and ordinances; and
(2)
The applicant and property owner must execute an indemnification
agreement, in a form approved by the City Attorney, to indemnify the
City for any and all liability or damages incurred by any person or
entity as a result of the fireworks or pyrotechnic special effects
display.
A.
Upon receipt of the fully completed application, fees, and such other
information as may be required or requested by the Fire Department,
the Fire Marshal shall schedule a safety inspection to examine the
premises where fireworks will be displayed, or where pyrotechnic special
effects will be displayed.
B.
If the Fire Marshal finds reasonable cause to believe that other
code violations exist which are not firesafety related, the Fire Marshal
may refer the application to the Building Official, or his or her
designated representative, who shall cause a thorough inspection of
the premises to be made to ensure that the premises are in compliance
with all pertinent provisions of state law and local ordinances. The
results of such inspections shall be returned to the Fire Marshal
within 30 days of the date the application was referred.
C.
For fireworks display permits, the Fire Marshal shall forward his
or her recommendation to the City Council for consideration of the
permit application within 120 days of receipt of the properly completed
application. For pyrotechnic special effects display permits, the
Fire Marshal shall issue a decision to grant or deny the permit within
60 days of receipt of the properly completed application.
A permit issued under this article may be refused by the Fire
Marshal or suspended, revoked, or not renewed by the City Council
for cause. The term "cause" as used in this article shall include
the doing or omitting of any act or permitting any condition to exist
on the premises for which a permit is issued, which act, omission,
or condition is contrary to the health, safety, and welfare of the
public, is unlawful, irregular, or fraudulent in nature, is unauthorized
or beyond the scope of the permit issued, or is forbidden by this
article or any applicable law. "Cause" shall include but not be limited
to:
A.
Fraud or material misrepresentation in the application;
B.
Fraud or material misrepresentation in the operation of the business
or during a safety inspection;
C.
Any material violation of this article or of the regulations authorized
herein;
D.
Any violation of federal or state law or local ordinance which creates
a risk to the health, safety, or welfare of the community;
E.
Conducting the business in an unlawful manner or in such a manner as to constitute a maintenance of a nuisance upon or in connection with the premises for which a permit is issued. For purposes of this article, "nuisance" shall be given its normal and customary meaning and shall include the nuisances found within Chapter 203 of this Code, as well as, but not be limited to, the following:
F.
Failure by the owner or operator to permit inspection of the premises
by the City's agents or employees in connection with the enforcement
of this article;
G.
Failure to pay personal property taxes, other City obligations and
real property taxes by February 14 of each year.
A.
Before any action is taken concerning revocation or suspension of
a permit, the City shall serve the holder of the permit by personal
service or first class mail, served or mailed at least 10 days prior
to a hearing, with notice of hearing before the City Council or a
hearing panel designated by the City Council to conduct a hearing
and forward a recommendation to the City Council, which notice shall
contain the following:
(1)
Date, time, and place of the hearing;
(2)
Notice of the proposed action;
(3)
Reasons for the proposed action;
(4)
Names of witnesses known at the time who will testify;
(5)
A statement that the holder of the permit may be represented by legal
counsel, present evidence and testimony, and confront and cross-examine
adverse witnesses;
(6)
A statement requiring the holder of the permit to notify the City
Attorney's office at least three days prior to the hearing date
if he, she, or it intends to contest the proposed action and to provide
the names of witnesses known at that time who will testify on his,
her, or its behalf.
B.
Upon completion of the hearing, and after a decision by the City
Council, the City shall submit to the holder of a permit a written
statement of the findings and determination of the City Council within
30 days.
C.
Revocation may occur prior to a hearing if there is an immediate
and significant risk of harm to persons or property as determined
by the Fire Marshal, or his or her designee.
A.
Any person whose initial request for a pyrotechnic special effects
display permit is denied by the Fire Marshal shall have a right to
a hearing before the City Council, provided a written request for
such a hearing is filed with the City Manager within 10 days following
such denial. The City Council shall have the right to affirm and sustain
any refusal to issue a permit or the City Council may grant any such
permit.
B.
In addition to the information required in this article, an applicant
whose permit under this article was denied by the Fire Marshal should
be prepared to submit and discuss any additional information required
by the City Council for the appeal hearing.
