[R.O. 2012 § 605.110; Ord. No.
151 §§ I-VIII, 4-20-1993; Ord. No. 156 § 1, 9-1-1993; Ord. No. 379, 4-21-2015]
A.
It shall be unlawful for any person within the City to discharge or cause to be discharged, ignited, fired or otherwise set in action within the City limits any fireworks, or explosive or any other substance designed or intended for pyrotechnical use, except as provided in Section 605.130. These include, but are not limited to, firecrackers, bottle rockets, sparklers, torpedoes, roman candles, fire balloons, squibs, snakes, and spit-devils. The manufacture of any fireworks or explosives as defined by the USDT is also prohibited within City limits.
B.
EXPLOSIVES
FIREWORKS
USDT
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
Any substance or article, including a device, which is designed
to function by explosion (i.e., an extremely rapid release of gas
and heat) or which, by chemical reaction within itself, is able to
function in a similar manner even if not designed to function by explosion
as defined in 49 CFR 173.50 of the USDT.
Any composition or device for producing a visible, audible,
or both visible and audible effect by combustion, deflagration, or
detonation and that meets the definition of consumer, proximate, or
display fireworks as set forth by 49 CFR Part 171 to end (see 49 CFR
171.1 et seq.), United States Department of Transportation hazardous
materials regulations.
United States Department of Transportation.
C.
Fireworks may be sold within the City in accordance with the following
regulations:
1.
Temporary fireworks stands may be located in any commercial
or manufacturing districts as long as the applicant meets the required
conditions for a building permit.
2.
A temporary fireworks stand may be located within any other
zoning district with a conditional use permit approved by the Planning
and Zoning Commission and Board of Aldermen.
3.
Fireworks may only be sold to individuals aged seventeen (17)
years and older.
D.
Required conditions to receive a building permit from the City Building
Inspector.
1.
Proof of fireworks tax having been paid to State Department
of Revenue.
2.
The stand must be located in an area zoned for commercial or
manufacturing use, or must have a conditional use permit.
3.
A site plan must accompany all applications and must include;
a.
A legal description of the property where the proposed stand
is to be located.
b.
The dimensions of the lot.
c.
The location of existing buildings and distances from property
lines.
d.
The location of the proposed fireworks stand and the setbacks
from the property lines.
e.
The location of both the off-street parking area provided (one
space for every two hundred (200) square feet of stand area) and the
City or State Highway Department approved access drive.
f.
The zoning of the parcel where the stand is to be located.
4.
All applications must be submitted to the City Building Inspector
five (5) working days prior to issuance of any building permits. Conditional
use permit applications must be submitted no later than April 18th
for the May Planning and Zoning Committee meeting.
5.
Setback Requirements.
a.
Fireworks stands are required to have a twenty-five-foot front
setback; a twenty-five-foot side setback, unless adjoining a commercial
or less restrictive district, then zero (0); a twenty-five-foot rear
setback, unless adjoining a commercial or less restrictive district,
then ten (10) feet.
b.
The stand must be a minimum of fifty (50) feet from any other
building on the same or adjoining lot.
c.
Fireworks stands must be at least ten (10) feet from any overhead
electric line.
d.
All tents and fireworks stands must be a minimum of one hundred
(100) feet from any use involving sale or storage of gasoline, LP
gas or any combustible product.
e.
No motor vehicle shall be parked within ten (10) feet of a fireworks
stand.
6.
Fireworks Stand Requirements.
a.
Fireworks in open stock may be kept in a showcase or counters
out of the reach of the public without an attendant being on duty.
b.
At least one (1) four (4) inches minimum sign reading "FIREWORKS-NO
SMOKING ALLOWED" and "NO FIREWORKS DISCHARGE WITHIN ONE HUNDRED (100)
FEET" shall be displayed at each entrance on contrasting background.
c.
All the area within and thirty (30) feet adjacent to tents or
stands shall be maintained clear of grass, hay, shavings or any combustible
materials unless flame retardant treated.
d.
Minimum aisle width of forty-eight (48) inches, kept free and
unobstructed at all times.
e.
Minimum exit way of forty-four (44) inches; a minimum of two
(2) exits are required.
f.
A minimum of two (2) 2A-10BC rated portable fire extinguishing
equipment must be kept on premises at all times and be in accessible
locations.
g.
All electric wiring & equipment must be UL approved, installed
and maintained to prevent electrical hazards (in trenches or protected
by approved covers).
h.
All circuits entering the stand shall be protected by a GFI
breaker.
i.
Exit signs shall be self-luminous or illuminated.
j.
It is unlawful for any person under the age of sixteen (16)
to sell fireworks or work in a facility where fireworks are stored,
sold, or offered for sale unless under the supervision of an individual
at least eighteen (18) years of age.
k.
Inspection and approval will be required by the City Building
Inspector and the Southern Stone County Fire Protection District prior
to any fireworks stand opening for business. Notification for inspection
should be made by calling 739-4903 for City Building Inspector and
272-1510 for fire during regular business hours.
l.
Hours of operation shall be June 20th through July 10th, 8:00
A.M. to 11:00 P.M., and December 20th through January 2nd, 8:00 A.M.
to 11:00 P.M.
[Ord. No. 379 § 605.110.1, 4-21-2015]
A.
The Board of Aldermen shall have the power to adopt reasonable rules
and regulations for the granting of permits for supervised public
displays of fireworks by a jurisdiction, fair associations, amusement
parks, other organizations or for the use of fireworks by artisans
in pursuit of their trade. Every such use or display shall be handled
by a licensed operator. The possession and discharge of fireworks
shall be lawful under terms and conditions approved with the permit
and for that purpose only. Such display shall be located, discharged
or fired in a manner as not to be hazardous to property or endangerment
to person.
B.
Applications for permits shall be made, in writing, at least thirty
(30) days in advance of the date of the display. After such privilege
shall be granted, sale, possession, use and distribution of fireworks
for such display shall be lawful for that purpose only. No permit
granted hereunder shall be transferable.
[Ord. No. 379 § 605.110.2, 4-21-2015]
The permittee shall furnish a bond or certificate of insurance
in an amount deemed adequate by the Board of Aldermen for the payment
of all damages which may be caused, whether to persons or property,
by reason of the permitted display and arising from any acts of the
permittee, his/her agents, employees, or subcontractors.
[Ord. No. 379 § 605.110.3, 4-21-2015; Ord. No. 386 § 605.110.3, 6-16-2015; Ord. No. 412 § 605.110.3, 5-17-2016; Ord. No. 466, 5-7-2019]
A.
Unless a burn ban is in effect by the Southern Stone County Fire
Protection District, the discharge of fireworks by the general public
is permitted inside the City limits for the following dates:
1.
July 2 through July 6, between the hours of 2:00 P.M. and 11:00
P.M.
B.
The discharge of fireworks must be done safely. Any complaint that
details hazardous activities, malicious conduct or any act in conflict
with City ordinances, State or Federal laws may result in the seizure
of fireworks and/or prosecution in accordance with applicable law.
Additionally, anyone under the age of seventeen (17) must be supervised
by a parent or adult when handling, discharging, or assisting in the
discharge of fireworks.
[Ord. No. 379 § 605.110.4, 4-21-2015; Ord. No. 386 § 605.110.4, 6-16-2015; Ord. No. 412 § 605.110.4, 5-17-2016]
Any person violating this Article may be charged with such violation
as an ordinance violation and if convicted may be fined up to five
hundred dollars ($500.00) for each violation and/or up to fifteen
(15) days' confinement.
