[HISTORY: Adopted by the City Council of
the City of Papillion 3-16-2021 by Ord. No. 1926. Amendments noted where applicable.]
NEBRASKA STATUTE REFERENCES
Sections
117-1,
117-3 and 117-4 — Neb. R.R.S. § 28-1241.
It shall be unlawful for any person to ignite or cause to be
exploded fireworks or firecrackers of any description whatsoever except
any of the devices tested and approved by a nationally recognized
testing facility or by the State Fire Marshal and any other fireworks
approved under the provisions of Neb. R.R.S. § 28-1241.
Any person who violates any of the prohibitions or provisions
of any section of this chapter shall be deemed guilty of a misdemeanor.
Unless otherwise specified in the particular section for which the
person stands convicted of violating, the penalty for such violation
shall be fined in any sum not exceeding $500 or imprisoned six months,
or both said fine and imprisonment at the discretion of the sentencing
court.
CONSUMER FIREWORKS
Any of the devices tested and approved by a nationally recognized
testing facility or by the State Fire Marshal and any other fireworks
approved as "consumer fireworks" under the provisions of Neb. R.R.S.
§ 28-1241.
[Amended 11-15-2022 by Ord. No. 1979]
The use of any fireworks increases the risk of danger to the
public health and safety. The City of Papillion, however, recognizes
the historic role of fireworks as a means of celebration within the
United States and Nebraska and therefore allows the use of consumer
fireworks upon compliance with these provisions which are enacted
to provide for the public health and safety.
A. No person shall possess, sell, offer for sale, bring into the City
limits or discharge any pyrotechnics commonly known as "fireworks"
other than consumer fireworks, except as specifically provided herein.
B. Consumer fireworks may not be sold at retail or discharged except
from June 25 through July 4 and only during the hours of 8:00 a.m.
through 10:00 p.m., except that on July 4, consumer fireworks may
be discharged and sold from 8:00 a.m. through 11:59 p.m. of each year.
Consumer fireworks may also be sold at retail or discharged from December
29 through December 31 and only during the hours of 8:00 a.m. through
10:00 p.m., except that on December 31, consumer fireworks may be
sold from 8:00 a.m. through 11:59 p.m. of each year and discharged
until 12:30 a.m. on January 1 immediately following the New Year.
C. No individual or entity may sell, barter or exchange any consumer
fireworks without first obtaining a license for the retail sale of
fireworks, as set forth in this chapter, and complying with any state
regulations regarding the sale of consumer fireworks.
D. The City Council may approve a special fireworks permit for the discharge
of consumer fireworks during special events outside of the dates and
times listed above. Such permit shall specify the place, hours of
display, fire protection requirements and public liability insurance
limits. An application for a special fireworks permit may be obtained
from the City Clerk and must be submitted at least 30 days prior to
the requested date of discharge.
E. The City Council may approve a display fireworks permit for the public
exhibition or display of "display fireworks" as defined in Neb. R.R.S.
§ 28-1241. An application for a display fireworks permit
may be obtained from the City Clerk and must be submitted at least
30 days prior to the requested date of display. Applicants for a display
fireworks permit must also comply with all applicable state regulations
regarding the discharge of display fireworks.
F. No person shall handle or be involved in the discharge of consumer
or display fireworks while under the influence of drugs, narcotics,
or drugs.
Consumer fireworks may be sold at retail within the City limits
only from 8:00 a.m. on June 25 through 11:59 p.m. on July 4 and from
8:00 a.m. December 29 through 11:59 p.m. on December 31 of each year.
In addition to all other requirements and regulations of the
City, all fireworks stands or places of sale of fireworks shall be
located and set back at least 25 feet from the nearest right-of-way
line of any public right-of-way and be separated from any permanent
structure by a minimum of 50 feet, except for any existing permanent
structure from which permissible fireworks have been sold continuously
for the last five calendar years. Any temporary structure or any structure
that does not have a water sprinkling system installed and to which
pedestrian traffic is allowed shall have a minimum of two exits which
shall be located directly opposite each other. Every entrance shall
also be utilized as an exit. A permanent structure does not include
a tent or temporary fireworks stand. All structures, whether permanent
or temporary, must also comply with all applicable rules and regulations
pertaining to building codes listed in the Papillion Municipal Code
and as enforced by the Chief Building Official.
Stands and areas where fireworks are to be sold shall be located
at least 150 feet from any gasoline or liquid propane gas dispensing
station or repair shop using flammable materials or any other establishment
selling fireworks, except for any existing permanent structure from
which permissible fireworks have been sold continuously for the last
five calendar years. Such distance shall be measured from the closest
point where gasoline, liquid propane gas or combustible materials
are dispensed or stored aboveground or to the closest point where
other fireworks are sold or stored. Stands and areas where fireworks
are to be sold shall be located at least 50 feet from any child-care
center, school (any governmental or privately supported place or institution
of education or physical instruction) or playground associated with
any day-care center or school. Such distance shall be measured from
the closest point where fireworks are sold or stored to the closest
point of the day-care center, school or playground. Fireworks shall
not be sold in an area zoned residential or in any zoning district
which does not permit retail sales. Each applicant shall provide a
plot plan drawn to scale in a manner acceptable to the Fire Inspector
or his/her designee, showing location of the stand address, setback
from street, right-of-way, distance to nearest building or structure,
placement of fire extinguishers, all entrances and exits, dock storage
areas, pedestrian traffic flow and nature of occupants of nearest
building.
All stands and places for sale of fireworks shall screen all
supplies sold and stored so as to prevent other fireworks being tossed
or thrown into such supplies.
A minimum of one 20A/1 OBC fire extinguisher must be kept in
each fireworks stand at all times in a visible and accessible location.
At least one fire extinguisher rated 20A/1 OBC shall be located at
each entrance or exit of any permanent structure from which permissible
fireworks are sold. A combination of fire extinguishers of different
ratings and sizes may be substituted for the extinguisher(s) required
by this section as approved by the Fire Chief or his designated representative.
No person shall sell, barter or exchange any fireworks in the
City, unless such person has first obtained a license for the retail
sale of fireworks from the City as detailed herein. Such license is
valid for one fireworks season only, which shall be defined as either
the period from June 25 through July 4, or December 29 through December
31. The issuance of a license for any particular season does not create
any expectation of or property interest in the issuance of a license
for another season. In addition to the requirements set forth herein,
any person selling, holding for sale or offering for sale any fireworks
in the City shall also comply with all applicable state licensing
requirements.
[Amended 2-15-2022 by Ord. No. 1960; 11-15-2022 by Ord. No. 1979]
A. Licenses for the retail sale of fireworks shall be limited to 14
in number for any fireworks season, this number being the maximum
number of licenses that may normally be safely regulated by the City
agencies.
B. In no event will the number of licenses issued be greater than 14,
and nothing in this chapter shall be construed as mandating the issuance
of a minimum number of licenses.
C. When approving licenses for the retail sale of fireworks, the City
Council shall give first priority to any individual, business or other
entity which has had a license for the retail sale of fireworks approved
by the City Council continuously for the past five calendar years.
Any license granted for the retail sale of fireworks from December
29 through December 31 shall not be considered when determining whether
an applicant has had a license continuously for the past five calendar
years. The Council shall give second priority to nonprofit organizations
which provide charitable, community or civic operations within the
City of Papillion. If, after considering these two priorities, more
applications remain than the maximum number of licenses which may
be granted during any fireworks season, the City Council may further
consider the length of service to the City and the plan for community
betterment by charitable, community or civic operations. In addition
to and notwithstanding the above criteria, any applicant may be approved
or disapproved based on consideration of the applicant's past performance
as a permittee.
D. No organization or individual may receive more than one license during
any one fireworks seasons.
E. Each license granted shall be for one specific location identified
by address or suitable area description on the application.
F. Licenses shall be considered personal to that applicant and shall
not be assignable or transferable in any manner. Upon approval by
the City Council, a license may not be sold, leased, or transferred
in any manner to any organization other than the organization that
was approved for the permit.
G. The issuance of a license for one or more fireworks seasons does
not create any exception of or property interest in the issuance of
a license for another reason, except as may be provided by this section.
A. Applications for a license for the retail sale of fireworks for the
June 25 through July 4 fireworks season shall be made in the office
of the City Clerk only between December 1 of the preceding year and
the second Friday in January of the year in which the license, if
issued, would be valid. Applications for a license for the retail
sale of fireworks for the December 29 through December 31 fireworks
season shall be made in the office of the City Clerk only between
October 1 and the fourth Friday in October of the calendar year in
which the license, if issued, would be valid.
B. Applications for a license for the retail sale of fireworks for the
June 25 through July 4 fireworks season shall be considered at the
first regular City Council meeting in February. Applications for a
license for the retail sale of fireworks for the December 29 through
December 31 fireworks season shall be considered at the second regular
City Council meeting in November. The City Clerk will, at the time
of accepting the application for license, give notice of the date
and time of the hearing. Applicants are expected to appear at the
hearing either in person or by representative.
C. At the time of an application, an applicant shall furnish to the
City the name and address of anyone who shall act as fireworks stand
manager. The person or persons designated as manager shall be a resident
or residents of the City of Papillion and must be at least 21 years
of age. It shall be incumbent upon the applicant to keep this list
current so that the names of the employees having management responsibilities
will always be on file in the office of the City Clerk.
D. In the case of nonprofit organizations, the applicant must furnish
a copy of its nonprofit tax status letter issued by the United States
Internal Revenue Service and a list of the office holders and directors
of said nonprofit organization.
E. From February 1 through April 30 of each year, an applicant whose
application has been approved by the City Council for the June 25
through July 4 fireworks season for that year may file an amended
application. That amended application may seek to change only the
applicant's proposed fireworks sales location and matters directly
affected by location. If the amendment involves a proposed fireworks
sales location that has not yet been reviewed by the City for that
year, such amended application shall be accompanied by an amendment
processing fee in an amount specified in the Master Fee Schedule.
Any such amended application must comply with all laws applicable
to any initial application. No later than the second regular meeting
in May of each year, the City Council may approve or deny amendments
to applications already approved for the June 25 through July 4 fireworks
season for that year.
F. All work to procure, set up, stock, restock, sell and tear down the
applicant's sales premises, products and activities shall be performed
by the applicant's officers, directors, employees, family members,
or applicant's fireworks wholesale provider, and not by any outside
individuals, businesses or other entities. The applicant's application
shall include an affidavit stating the applicant's compliance to this
subsection, duly signed and sworn to under oath by an authorized officer
of the applicant.
Proof of the existence of any nonprofit organization for at
least one year within the City of Papillion shall be furnished to
the City by affidavit upon forms furnished and described by the office
of the City Clerk.
Fees shall be set by resolution of the City Council.
Before the issuance of a license for the retail sale of fireworks,
the applicant shall execute a consent form agreeing to abide by any
regulations imposed by the City pertaining to the sale of fireworks.
The applicant also shall furnish to the City a cash bond in the amount
of $1,000, which requires that the licensee abide by any and all regulations
proposed by the City pertaining to the sale of fireworks and that
the licensee clean the area in and around any stand where fireworks
were sold and remove any portable stand from its temporary location.
For fireworks sales between June 25 and July 4, such work shall be
completed by July 7 of each year; for fireworks sales between December
29 and December 31, such work shall be completed by January 4 of each
year.
Cash bonds, as provided in §
117-15, shall be returned to the licensee, when the Chief Building Official shall have certified that the conditions of the bond have been satisfied. In the event that any portable stand is not removed from its temporary location within the allotted time, or the sale area is not cleaned, and the debris and trash not removed therefrom, then the cash bond shall be forfeited and the proceeds used by the City to clean the area and remove the stand.
A license for the retail sale of fireworks issued under the
provisions of this chapter shall be conditioned upon the licensee
providing an acceptable fireworks stand or place of business.
The license for the retail sale of fireworks may be obtained
at the office of the City Clerk only after an inspection of the fireworks
stand or place of sale by the Chief Building Official to determine
if such stand or place of sale conforms to all City standards, building
codes, electrical codes, fire safety codes and land use regulations.
The applicant for a license required by the provisions of this
chapter shall request the City to make such inspection not later than
June 23 of each calendar year for sales from June 25 through July
4 of each calendar year and shall request the City to make an inspection
not later than December 26 of each calendar year for sales from December
29 through December 31 of each calendar year.
Licenses issued under the provisions of this chapter shall be
displayed at all times at the place of business of the licensee.
A license for the retail sale of fireworks shall only be valid
for the specific fireworks season for which it was granted and only
for the period commencing 12:01 a.m. June 25 and ending 11:59 p.m.
July 4 or for the period commencing 12:01 a.m. December 29 and ending
11:59 p.m. December 31.
Any persons selling or offering for sale fireworks in the City
shall be at least 16 years of age. "Selling fireworks" shall mean
engaged in the actual exchange of cash or credit for fireworks and
shall not include activities incidental to the retail sale of fireworks
such as stocking or cleaning.
[Amended 5-18-2021 by Ord. No. 1931]
An applicant seeking a license for the retail sale of fireworks
must attach to its application a copy of a certificate of public liability
insurance with minimum amounts of $1,000,000 per occurrence and $2,000,000
in aggregate, naming the City of Papillion as an additional insured.
An applicant seeking a fireworks display permit must attach to its
application a copy of a certificate of public liability insurance
with minimum amounts of $1,000,000 per occurrence and $1,000,000 in
aggregate, naming the City of Papillion as an additional insured.
Address of stand, names of licensee and manager and telephone
number of licensee shall be displayed on a sign with lettering not
less than 2 1/2 inches high. The sign shall be firmly attached
to the stand so said sign is clearly visible from the fronting street.