HomeMy WebLinkAbout2017-05-15-J04 Fireworks Ordinance_INTRO, 1ST READ AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 15, 2017
AGENDA ITEM: Consideration of approval of an ordinance amending Chapter 622,
concerning the sale and use of fireworks within the City of Waukee
[introduction; first reading]
FORMAT: Ordinance
SYNOPSIS INCLUDING PRO & CON: At the 05/08/2017 special meeting, the council
discussed amending the current fireworks ordinance:
Fireworks legislation – City Administrator Moerman briefly reviewed
recent state legislation related to the sale and use of consumer fireworks.
Fire Chief Robinson discussed how the current fire and zoning code will
limit structures from which fireworks can be sold, in part due to
sprinkling, fire wall, and means of egress requirements. Mr. Moerman
noted some staff concerns with the allowance of fireworks use, such as
noise, use on public property, and enforcement. He then reviewed how
other metro-area cities planned to address the matter. After much
discussion, the council directed the city attorney to draft an ordinance for
consideration that would prohibit fireworks use on public property; limit
use to an 11-day period beginning five days prior to July 4 and ending
five days after July 4, from 9:00 a.m. to 10:00 p.m. on weekdays and
from 9:00 a.m. to 11:00 p.m. on weekends and July 4th; and follow state
law regarding use on New Year’s Eve and New Year’s Day. The council
also directed City staff to implement a communications plan encouraging
residents to be good neighbors in their use of fireworks. City Attorney
Brick and Chief Robinson asked for direction from the council on the
allowance of fireworks sales from temporary (tent) structures; the
council spoke in support of prohibiting “tent” sales. Council Member
Bergman expressed concern that such a prohibition would contradict a
recently-approved ordinance related to temporary sales.
Information about the proposed ordinance was posted to the City’s
website and social media platforms. All comments made on social media
regarding the proposal have been compiled by staff and are included.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The City Attorney drafted the proposed ordinance as
directed by council.
RECOMMENDATION: Introduce the ordinance and approve the first reading in title only.
ATTACHMENTS: I. Proposed Ordinance
II. Social media comments
PREPARED BY: Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
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ORDINANCE NO. ____
AN ORDINANCE TO AMEND CHAPTER 622, CONCERNING THE SALE AND USE
OF FIREWORKS WITHIN THE CITY.
WHEREAS, the State of Iowa has enacted a law relating to the possession, sale, transfer,
purchase, and use of fireworks, providing penalties, and including effective date provisions; and
WHEREAS, Chapter 622 of the Waukee Municipal Code currently restricts the sale, use,
discharge and possession of Fireworks in a manner consistent with State Law prior to its
amendment; and
WHEREAS, to avoid conflict of laws and to better protect the public health, safety and welfare
of its Citizens, the City desires to create an Ordinance to effectively eliminate any inconsistent
measures of both the State and the City; and
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1: Chapter 622, Waukee Municipal Code, provisions prohibiting certain fireworks
activity within the city limits of the City of Waukee, Iowa, is hereby amended by amending
chapter 622 in its entirety as follows:
622.1 FIREWORKS
A. Definition. “Fireworks” or “Consumer Fireworks” as used in this section, shall mean those
items listed or referred to under the definition of “First-class Consumer Fireworks” and
“Second-Class Consumer Fireworks” as set forth Under Iowa Code Chapter 100.
B. No person shall use, explode, discharge any consumer fireworks on days other than June 30
through July 8, all dates inclusive, between the hours 9:00 a.m. and 10:00 p.m. on weekdays
(Monday through Friday) included in said period and between the hours of 9:00 a.m. and 11:00
p.m. on the 4th of July and the Saturdays and Sundays included in such period; and December
31 between the hours of 12:00 p.m. and continuing through 12:30 a.m. on January 1st.
C. A person shall not use, explode or discharge Consumer Fireworks on real property other than
that person’s real property or on the real property of a person who has consented to the use of
consumer fireworks on that property. A Person shall not use, explode or discharge Consumer
Fireworks on publicly owned property except as specifically authorized by permit issued
pursuant to Waukee Municipal Code section 622.2.
622.2 FIREWORKS PERMIT FOR DISPLAY
A. Supervised public exhibitions or displays of Display Fireworks as defined in Iowa Code
section 727.2(1)(b) shall be conducted only in accordance with this section along with any rules
and regulations issued by the Fire Chief for the area included with the permit application.
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B. Upon written application the City may grant a permit for the display of Display Fireworks by
a City agency, fair association or other organizations or groups as may be approved by the City
and when such fireworks to be displayed are under the direct control of a licensed and
competent operator. Any applications shall have attached thereto proof of insurance with limits
not less than $2,000,000.00 per occurrence and $5,000,000.00 aggregate.
622.3 SALE OF FIREWORKS
A. No person, retailer, consumer group or otherwise shall sell or display for sale any fireworks
without possessing a consumer fireworks seller license as required under Iowa Code Chapter
100, and without providing evidence of insurance in the amounts not less than $2,000,000.00
per Occurrence and $5,000,000.00 in the Aggregate.
B. The sale or display for sale of fireworks shall only occur within permanent primary structures
complying with all zoning, fire, building, electrical and plumbing codes applicable to fireworks
sales operations and uses.
622.4. PENALTY
A. A person, firm, partnership or corporation who violates this chapter commits a simple
misdemeanor punishable by a fine of not less than $250.00 per violation.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the _____ day of _____________________ 2017, and approved this
_____ day of _____________________ 2017.
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
FIREWORKS SOCIAL MEDIA ACTIVITY ‐ WEEK OF MAY 9
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