Fireworks.
Any composition or device that is designed to produce a visible or audible effect by combustion, explosion, deflagration or detonation that is classified as Division 1.3G and Division 1.4G explosives by the United States Department of Transportation in 49 C.F.R. Part 173.
Fireworks stand or stand.
Any location from which fireworks are sold at retail or proposed to be sold at retail or have previously been sold at retail.
(Ordinance 2008-02 adopted 7/7/08)
Every application for a permit for the sale at retail of fireworks as defined by this article within the city shall:
(1) 
Be made to the city secretary.
(2) 
Be made no later than the 10th day of May for the July 4th selling period, and the 10th day of November for the New Year’s Eve selling period.
(3) 
Be accompanied by a valid state fireworks license.
(4) 
Be accompanied by a state sales tax permit.
(5) 
Be in writing, signed by the applicant, or in the case of a corporation, a duly authorized officer thereof and contain the telephone number and address to which notice of the granting or denying of the application may be made.
(6) 
Be accompanied by a signed statement from the property owner, when other than the applicant, stating permission is given to place the fireworks stand on the property.
(7) 
Be accompanied by the application fee of $100.00 per location per event.
(8) 
Describe the proposed location from which the fireworks will be sold and include an accurate diagram showing the existing streets, property lines, buildings, other structures, parking areas, barrier lines and distances to each.
(Ordinance 2008-02 adopted 7/7/08)
Fireworks stands shall be in compliance with the following minimum requirements:
(1) 
Stand Location.
Fireworks stands shall only be located on property that is zoned for commercial or industrial use.
(2) 
Set-up.
Stand cannot be placed on the site more than ten (10) days prior to the selling period.
(3) 
Stand Setbacks.
(A) 
Minimum clearances for the location of a stand shall be:
(i) 
Twenty (20) feet from any structure to the back or side of the stand;
(ii) 
Forty (40) feet from any structure to the front of the stand;
(iii) 
Five (5) feet from a property line to the side or rear of the stand;
(iv) 
Twenty (20) feet from a property line to the front of a stand; and
(v) 
One hundred feet from any area where flammable or combustible liquids, or propane are stored, handled or dispensed.
(B) 
Barricades or ropes shall be provided to prevent vehicles from coming within twenty (20) feet of the back and sides of the stand, and forty (40) feet of the front of the stand.
(C) 
No weeds, trash, or other combustible materials shall be allowed within twenty (20) feet of the back and sides of the stand, and forty (40) feet of the front of the stand.
(4) 
Parking.
An off-street parking area shall be provided which shall have not less than ten (10) parking spaces located at least twenty (20) feet from the stand.
(5) 
Site Cleanup.
All trash and debris must be removed daily. Fireworks stands and all remaining trash or other debris shall be removed from the site no later than July 14th for the Fourth of July selling period, and January 11th for the New Years Eve selling period.
(Ordinance 2008-02 adopted 7/7/08)
(a) 
Site Inspection.
Upon the receipt of an application for a fireworks stand permit, the fire marshal and/or his designee, shall investigate the proposed site and determine if such location is suitable under the International Fire Code, this article and applicable state and federal laws relating to fireworks. The fire marshal and/or his designee shall issue a permit with or without conditions, or deny a permit.
(b) 
Insurance.
The applicant will, at the time of receipt of a permit, deliver to the city secretary a certificate of insurance evidencing that the applicant is the named insured in a policy of liability insurance containing a minimum limit of $50,000/$500,000 for bodily injury liability for each person/occurrence, and $50,000 for property damage liability for each occurrence, and in which the city is named as an additional insured.
(c) 
Notification of Permit Approval; Denial.
Applicants shall be notified by telephone or in writing through the regular mail service of the granting or denying of a permit. Such notification shall be made not later than June 10th for the Fourth of July selling period, and December 10th for the New Years Eve selling period.
(d) 
Non-Transferability of Permits.
All permits shall be non-transferable and shall be limited to the location set forth in the permit.
(Ordinance 2008-02 adopted 7/7/08)
(a) 
Failure to comply with the provisions of this article shall be grounds for ordering the immediate closure of the stand and/or revoking any permit issued hereunder.
(b) 
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in accordance with the general penalty provision found in Section 1.106 of this code. Each day of violation shall constitute a separate offense.
(Ordinance 2008-02 adopted 7/7/08)
This article shall not be construed to hold the city, or any officer or employee thereof, responsible for any damages to persons or property by reasons of certification, inspection, or non-inspection of any building, equipment or property.
(Ordinance 2008-02 adopted 7/7/08)