As used in this article, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
City of Ralston.
A person or manufacturer engaged in the business of buying
and selling explosives.
Blasting powder, nitroglycerine, dynamite, TNT and any other
form of high explosive, blasting material, fuse other than an electric
circuit breaker, detonator and other detonating agent, a chemical
compound or mechanical mixture containing oxidizing or combustible
units, or other ingredients, in such proportions, quantities or packing
that ignition by fire, friction, concussion or other mixture or any
part thereof may result in the sudden generation and release of highly
heated gases or gaseous pressures capable of producing effects damaging
or detrimental to or destructive of life, limb or property. An explosive
does not include gasoline, kerosene, naphtha, turpentine, butane,
propane, wet nitrocellulose or wet nitrostarch containing moisture
in excess 20%; or wet picric acid containing moisture in excess of
10%; or the possession, storage, transportation and use of not more
than 20 pounds of smokeless propellant, 10,000 small arms primers,
and five pounds of black powder propellant for hand loading of small
arms ammunition for personal use; or manufactured article such as
fixed ammunition for small arms, fireworks, safety flares or matches
containing an explosive in such limited quantity that the collective
and simultaneous detonation thereof is incapable of resulting in the
sudden generation and release of highly heated gases or gaseous pressure
capable of producing effects damaging or detrimental to or destructive
of life, limb or property.
The duly appointed or elected person of the Ralston Volunteer
Fire Department.
Any combustible or explosive composition, or any substance
or combination of substances, or article prepared for the purpose
of producing a visible or an audible effect by combustion, explosion,
deflagration, or detonation, except that the term "fireworks" shall
not include the possession, transportation, and use of fireworks for
personal use in accordance with Federal and State regulations.
An individual, firm partnership, corporation, association
or other legal entity.
No person shall handle, store, control, use, sell, purchase,
transfer, transport or otherwise dispose of an explosive or fireworks,
unless he has applied for, obtained, and has a valid permit as prescribed
by this article.
a.
This section does not apply to an employee or agent other than an
independent contractor, acting in the scope and course of his employment
under the supervision of his employer or principal who has applied
for and obtained a valid permit.
b.
This restriction does not apply to law enforcement officers in the
performance of their duty.
[Amended by Ord. No. 850, 4-4-1989; Ord. No. 1088, 3-5-2004]
It shall be unlawful for any person to sell, hold for sale or
offer for sale any permissible fireworks within the corporate limits
of the City of Ralston unless such person has first obtained a permit
from the City Council to do so. Application for said permit shall
be made in the following manner:
a.
Application for such permit shall be made on such form as shall be
prescribed by the City Council and shall be filed with the City Clerk.
b.
Only nonprofit organizations and associations which will use the
net proceeds from the sale of fireworks for community betterment purposes
within the City of Ralston shall be eligible for a permit, provided,
however, that such nonprofit organizations and associations may contract
with other nonprofit or for-profit organizations to provide merchandise
and services for the sale of fireworks.
c.
If the applicant organization has held a permit in any of the three
preceding years, it must, upon request of the City Council, file with
its application a written statement of the income and expenses from
the sale of fireworks within Ralston for each of such years, together
with a statement of its community betterment type expenditures made
from the net proceeds from the sale of fireworks in each said year.
Said document will be kept private and confidential by the City.
d.
The applicant shall state the nature of the community betterment
purpose for which the net proceeds from the current year's sale of
fireworks will be utilized if the permit be granted.
e.
Application for permit must be filed with the City Clerk no later
than May 15th of the year for which the permit is sought.
f.
The application must be accompanied by a certificate of insurance
issued by an insurance company in good standing, authorized to do
business in Nebraska, providing liability insurance in the amounts
and for the coverages as may be required by Council resolution or
policy then in effect.
g.
As used herein, the following terms have the following meanings:
1.
Community betterment shall mean that which generally betters or enhances
the community of the City of Ralston such as:
(a)
The acquisition, improvement and maintenance of parks and recreational
facilities, public equipment and other items for community use and
enjoyment or to be used by the City in service to the community;
(b)
The recruitment and attraction of new businesses and jobs to
the Ralston community;
(c)
Athletic programs for the community; and
(d)
Other acquisitions, services or programs of general benefit
to the Ralston community.
2.
Net proceeds shall mean gross sales less the cost of fireworks and
paid salespersons, permit fee, rental or lease expense, advertising
and similar costs of operation of the fireworks stand. A combination
of paid and volunteer salespersons shall be used.
A permit shall not be issued to any applicant who has not attained
the age of 21 years on the date of the application, who has been adjudged
insane or incompetent, unless subsequently restored by Court to full
mental competency and capacity, or who has a history of disorderly
or violent conduct.
A permit shall be issued in triplicate: the original shall be
forwarded to the City Clerk, a copy to applicant, which shall be posted
in a conspicuous place where the explosives or fireworks are stored,
and a copy to be retained by the Fire Inspector. Unless sooner revoked,
a permit is valid for one year from date of issuance, except that
a permit for fireworks shall be valid for a period established by
State regulation.
A fee of $100 for the storage of explosives and $25 for storage
of fireworks shall accompany each application. All fees shall be payable
to the City Clerk of the City of Ralston, and shall be placed in the
general operating funds of the City. Said fee shall be retained by
the City as compensation for processing the application whether or
not a permit is issued.
A permit shall be refused to an applicant where the issuing
officer has reasonable cause based upon the information contained
in the application that granting the permit would constitute a substantial
and immediate danger to the public's health, safety, and welfare.
Notice of refusal to issue a permit shall be given to the applicant
within four working days from the date the application is received.
Such notice shall be in writing and by certified mail, a copy of the
Notice of Refusal together with a written statement, the reason or
reasons for refusal.
Within 10 days after notice of refusal, the applicant may request
a hearing on the denial of the permit. Within 20 days after receipt
of the notice of the applicant's request for a hearing of the denial,
the City Council shall hold a hearing on the refusal, and shall either
sustain the denial or grant the permit. Any order of the City Council
may be appealed by applicant within 10 days, to a Court of competent
jurisdiction.
The Fire Inspector may revoke a permit when the applicant has
violated any of the provisions of this article, or has reasonable
cause to believe that its possession by the holder constitutes a substantial
and immediate danger to the public's health, safety, and welfare.
The procedures set forth in this act applicable to the refusal of
issuance of permit shall apply to revocation.
Each dealer or person shall keep and maintain such records on
such forms as are prescribed by the Fire Inspector, which records
shall include (a) amount of each sale, transfer or other disposition
of explosives: (b) the date thereof, the name, age, address, and permit
number of purchaser or transferee, and (c) the amount and type of
explosive sold or transferred. Records shall be forwarded to the Fire
Inspector on the last day of each month.
All explosives and fireworks other than those in use or transit
shall be stored in a locked building which shall be rapidly fixed
to its base or foundation. The Fire Inspector may from time to time
conduct an inspection of the premises of the permittee, to determine
that the provisions of this article are complied with.
Any violation of this article is hereby declared to be a nuisance.
In addition to any other relief provided by this article, the City
Attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this article. Such
application for relief may include seeking a temporary restraining
order, temporary injunction and permanent injunction.
[Ord. No. 850, 4-4-1989; Ord. No. 1020, 11-2-1999]
Except as provided in subsection 2 of § 7-508, persons holding a permit to sell permissible fireworks:
A.
May sell same only between the hours of 8:00 a.m. and 11:00 p.m.
between June 25th and July 4th of the year for which the permit is
issued.
B.
Shall at no time sell within the City limits any fireworks or other
pyrotechnics other than permissible fireworks.
C.
Shall during such times as he is selling permissible fireworks have
an adult in charge of his stand or retail outlet and shall display
therein his permit in a conspicuous manner and place.
D.
Shall at all times comply with all regulations passed by the City
Council or other governing entity pertaining to the permissible size,
location, equipping and operation of fireworks stands and retail outlets.
E.
No alcohol shall be allowed to be consumed at any fireworks stand
or retail outlet during the business hours of said stand or outlet.
