[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]
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.
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.
Fireworks may be sold within the City in accordance with the following regulations:
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.
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.
Fireworks may only be sold to individuals aged seventeen (17) years and older.
Required conditions to receive a building permit from the City Building Inspector.
Proof of fireworks tax having been paid to State Department of Revenue.
The stand must be located in an area zoned for commercial or manufacturing use, or must have a conditional use permit.
A site plan must accompany all applications and must include;
A legal description of the property where the proposed stand is to be located.
The dimensions of the lot.
The location of existing buildings and distances from property lines.
The location of the proposed fireworks stand and the setbacks from the property lines.
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.
The zoning of the parcel where the stand is to be located.
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.
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.
The stand must be a minimum of fifty (50) feet from any other building on the same or adjoining lot.
Fireworks stands must be at least ten (10) feet from any overhead electric line.
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.
No motor vehicle shall be parked within ten (10) feet of a fireworks stand.
Fireworks Stand Requirements.
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.
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.
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.
Minimum aisle width of forty-eight (48) inches, kept free and unobstructed at all times.
Minimum exit way of forty-four (44) inches; a minimum of two (2) exits are required.
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.
All electric wiring & equipment must be UL approved, installed and maintained to prevent electrical hazards (in trenches or protected by approved covers).
All circuits entering the stand shall be protected by a GFI breaker.
Exit signs shall be self-luminous or illuminated.
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.
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.
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]
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.
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]
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:
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.