HomeMy WebLinkAbout2017-05-23-Ordinance 2844_Consumer Fireworks UseORDINANCE NO.2844
AN ORDINANCE TO AMEND CHAPTER 622,CONCERNING THE SALE AND IJSE
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
BK 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 4"of July and the Saturdays and Sundays included in such period;and December
31 between the hours of 12;00 p.m.and contimiing 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.
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(l)(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.
Section Z.Re ealer.All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3.Severabili 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 23'"day of May,2017,and approved this 23""day of May,2017.
illiam .P ard,Mayor
Attest;
Rebecca D.Schuett,City Clerk