[Prior history includes Ord. No. 834, 10-18-1988; Ord. No. 1020, 11-2-1999; Ord. No. 1102, 6-7-2005; Ord. No. 1110, 5-16-2006; Ord. No. 1173, 10-18-2011]
[1]
Editor's Note: Also see Chapter 10, Article 8. Explosives and Fireworks.
[1-21-2025 by Ord. No. 1337]
CONSUMER FIREWORKS
Shall mean any firework defined as a "consumer firework" by Neb. Rev. Stat. § 28-1241 and approved as a Class C firework by the Nebraska State Fire Marshal. Consumer fireworks shall not include wire sparklers, flying lanterns, or fireworks that have been tested and deemed to be unsafe by the Nebraska State Fire Marshal.
DISCHARGE
As used in regard to fireworks, shall mean to use, shoot, fire, ignite, explode, or otherwise cause to be ignited or exploded any firework.
DISPLAY FIREWORKS
Shall mean any firework defined as a "display firework" by Neb. Rev. Stat. § 28-1241 and approved as a Class D firework by the Nebraska State Fire Marshal.
FIREWORKS
Shall mean any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and which meets the definition of common or special fireworks set forth by the United States Department of Transportation in Title 49, Code of Federal Regulations. (Ref. 28-1241(7) RS Neb.)
FLYING LANTERNS
Shall mean any device that requires a flame which produces heated air trapped in a balloon-type covering allowing the device to float in the air. Flying lanterns shall not include hot-air balloons used for transporting people.
[1-21-2025 by Ord. No. 1337]
(Ref. 16-227 RS Neb.)
A. 
It shall be unlawful for any person to discharge any firework or flying lantern of any description whatsoever except:
1. 
Consumer fireworks between the hours of 9:00 a.m. and 11:00 p.m. from June 24 through July 3, until 12:00 midnight on July 4, and between the hours of 5:00 p.m. December 31 through 1:00 a.m. January 1.
2. 
Display fireworks for purposes of public exhibitions as authorized by a special permit approved by the City Council.
3. 
Toy caps which do not contain more than 0.25 of a grain of explosive material.
B. 
Notwithstanding the foregoing, it shall be unlawful for any person to discharge any consumer firework:
1. 
In any building;
2. 
On any public street, highway, or sidewalk;
3. 
On the grounds of any public building, park or playground;
4. 
On any school grounds;
5. 
Within 300 feet of any fireworks sales tent or stand.
C. 
Consumer fireworks may only be discharged by a person 16 years of age or older, except that a minor child 12 years of age to 16 years of age may discharge consumer fireworks when in the immediate presence of and under the direct supervision of an adult 19 years of age or older.
D. 
No person shall handle or discharge any firework while under the influence of intoxicating drugs or narcotics, or with a blood alcohol content of at least 0.08%.
E. 
It shall be unlawful for any person to throw any firework or any object which explodes upon contact with another object; from or into a motor vehicle; onto any street, highway, or sidewalk; at or near any person; into any building; or into or at any group of persons. (Ref. 28-1242 RS Neb.)
[1-21-2025 by Ord. No. 1337]
Except as may be otherwise authorized by special permit approved by the City Council, it shall be unlawful for any person to possess or store on any premises under his control any fireworks except between the dates of June 19 through July 10, and the dates of December 23 through January 6.
[1-21-2025 by Ord. No. 1337]
It shall be unlawful for any person, corporation, partnership, organization, association, or its employees or agents, to exhibit, sell, or offer for sale any fireworks of any kind without first having entered into a license agreement with the City of Ralston for the sale of fireworks. The City may enter into only one such license agreement at a time, which may be valid for one or more years. Such license shall be awarded by the City through a competitive bidding process as described in Chapter 1, Article XI of the Ralston Municipal Code, the primary purpose of which is to generate revenue for City-sponsored Independence Day activities while minimizing the risk of danger to public health and safety.
[1-21-2025 by Ord. No. 1337]
The licensee shall abide by the following restrictions:
A. 
The licensee shall have and maintain all licenses or permits required by the State of Nebraska for the sale of fireworks, and shall at all times comply with all applicable federal, state and local laws, rules, and regulations regarding the sale of fireworks.
B. 
No fireworks or other explosives or pyrotechnics may be sold other than consumer fireworks.
C. 
No person under 12 years of age may buy fireworks.
D. 
Fireworks may only be sold at retail from June 24 to July 4 between the hours of 9:00 a.m. and 11:00 p.m., and from December 28 through December 31 between the hours of 9:00 a.m. and 11:00 p.m.
E. 
Fireworks may only be sold in areas designated by the City. Fireworks tents and stands must be set back at least: 20 feet from the nearest street or sidewalk as measured from the edge of the paved surface; 50 feet from the nearest building, park, playground, or the grounds of any school or daycare; 150 feet from any gasoline, liquid propane, or other flammable or combustible material dispenser; and 300 feet from any aboveground bulk tank of flammable or combustible liquid or gas.
F. 
Fireworks tents and stands shall comply with all rules and requirements enforced by the Nebraska State Fire Marshal, including but not limited to the following minimum safety standards:
1. 
Tents shall be constructed of flame-retardant materials.
2. 
Tents shall have at least three exits, each of which shall be at least 44 inches wide, be no more than 150 feet apart, and have an illuminated exit sign. Aisles for public use shall be at least 48 inches wide and shall not be dead end aisles.
3. 
All tents and stands shall have at least one pressurized water-type fire extinguisher with a minimum rating of 2A. Tents and stands exceeding 200 square feet in area shall also have a dry chemical multi-purpose fire extinguisher having a minimum rating of 4A.
4. 
All tents and stands shall maintain a separation distance of at least 10 feet from associated vehicle parking and 20 feet from fireworks storage vehicles, trailers, or other containers.
G. 
A supervisor who is at least 18 years of age and employed by the licensee must be present and in charge of each sales location during all hours of sale. All persons selling fireworks must be at least 16 years of age. At least one security person shall be on site at each sales location at all times when fireworks are stored on site while the location is closed, unless such fireworks are securely locked inside of a building, trailer or moving container.
H. 
No alcohol or illegal drug shall be allowed on the premises of any sales location at any time.
[1-21-2025 by Ord. No. 1337]
The City Council may approve a special permit for the discharge of commercial or display fireworks during special events regardless the dates and times specified above. Each permit shall be limited to a single event and shall specify the location, date, and hours of display. Permits for the discharge of display fireworks shall only be issued to public display operators duly licensed by the Nebraska State Fire Marshal. All applicants shall comply with all applicable federal, state, and local laws, rules and regulations, including all applicable provisions of this article. The City may condition the issuance of any permit on the applicant complying with any special requirements imposed by the City for the purpose of minimizing any potential danger to public health and safety. A permit fee may be assessed as approved by the City Council and set forth in the City's Master Fee Schedule, but such fee shall not be assessed for permits commissioned by the City.
[1-21-2025 by Ord. No. 1337]
Each license and permit holder shall maintain and supply to the City a copy of a certificate of insurance issued by an insurance company authorized to do business in Nebraska, providing combined liability coverage for bodily injury and property damage in a maximum amount of $2,000,000 per occurrence and $5,000,000 in aggregate, naming the City of Ralston as an additional insured.