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HomeMy WebLinkAbout2021-06-30-622PROVISIONS PROHIBITING CERTAIN FIREWORKS ACTIVITY WITHIN THE CITY LIMITS OF THE CITY OF WAUKEE. §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, or discharge any consumer fireworks on days other than July 3 through July 4, all dates inclusive, between the hours of 9:00 a.m. and 11:00 p.m. included in said period. August 21, 2017 – Ordinance 2855 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. D. A person shall not use, explode or discharge Consumer Fireworks within 500 feet of any structure which offers for sale in any manner combustible material including, but not limited to, gas stations, propane sales, or fireworks sales establishments. §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. 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 structures complying with all zoning, fire, building, electrical and plumbing codes applicable to fireworks sales operations and uses. C. A person, firm, partnership, or corporation shall not sell consumer fireworks to a person who is less than eighteen years of age. §622.4. PENALTY A. A person, firm, partnership or corporation who violates any provision or this chapter commits a simple misdemeanor punishable by a fine of not less than $250.00 per violation. [newly enacted] April 16, 2007 – Ordinance 2599 [repealed and replaced in entirety] May 23, 2017 – Ordinance 2844