[HISTORY: Adopted by the City Council of the City of Papillion 10-6-2020 by Ord. No. 1898. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 117, Fireworks, adopted 12-7-2013 by Ord. No. 1675.
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" shall mean 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.
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.
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.
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 discharged and sold from 8:00 a.m. through 11:59 p.m. of each year.
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.
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.
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.
No person shall handle or be involved in the discharge of consumer or display fireworks while under the influence of alcohol, 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, 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 is 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/10BC 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/10BC 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.
Licenses for the retail sale of fireworks shall be limited to 12 in number for any fireworks season, this number being the maximum number of licenses that may normally be safely regulated by the City agencies.
In no event will the number of licenses issued be greater than 12, and nothing in this chapter shall be construed as mandating the issuance of a minimum number of licenses.
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.
No organization or individual may receive more than one license during any one fireworks season.
Each license granted shall be for one specific location identified by address or suitable area description on the application.
Licenses shall be considered personal to the applicant and shall not be assignable or transferable in any manner.
The issuance of a license for one or more fireworks season does not create any expectation of or property interest in the issuance of a license for another season, except as may be provided by this section.
[Amended 2-2-2021 by Ord. No. 1921]
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.
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.
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.
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.
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.
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.
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 $5,000,000 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.