HomeMy WebLinkAbout2007-04-16-Ordinance 2599_Fireworks RegulationsORDINANCE NO.2599 IANORDINANCETOAMENDCHAPTER600,WAUKEE MUNICIPAL CODE,BY
ADDING AND ENACTING THERETO CHAPTER 622 ADDING PROVISIONS
PROHIBITING CERTAIN FIREWORKS ACTIVITY WITHIN THE CITY LIMITS OF
THE CITY OF WAUKEE.
WHEREAS the City of Waukee,in accordance with Iowa Code Section 727.2 (2007)has
the authority to regulate the sale,use or exploding of fireworks in the City;and
WHEREAS,the City of Waukee deems it appropriate to establish regulations for such
activity with in the City Limits for the general health and welfare of the public.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee as follows:
Section 1:The Waukee Municipal Code is hereby amended by enacting and adding
thereto Chapter 622 as follows:
Section 622.1 Fireworks.The sale,use or exploding of fireworks within the City is
subject to the following:
1.Definition.
a.The term fireworks includes any explosive composition,or combination of
explosive substances,or articles prepared for the purpose of producing a visible or
audible effect by combustion,explosion,deflagration or detonation,and specifically
includes blank cartridges,firecrackers,torpedoes,skyrockets,roman candles,or other
fireworks of like construction and any fireworks containing any explosive or flammable
compound,or other device containing any explosive substance.(Code of Iowa,Sec.
727.2)
b.The term competent operator shall mean a person twenty-one year of age or
older who states in the application that he/she has the necessary knowledge and
experience to explode the fireworks.
2.Regulations.It is unlawful for any person to offer for sale,expose for sale,sell at
retail,or use or explode any fireworks;provided,the City may,upon application in
writing,grant a permit for the display of fireworks to the following:
1.Community associations or organizations;
2.Amusement Parks or fair associations;
4.Groups ofindividual(s)who are citizens of Waukee;
5.Waukee city Agencies.
An applicant must be approved by the City Council upon recommendation of the Fire
Chief or his desiguee;when such fireworks display will be handled by a competent
operator.No permit shall be granted hereunder unless the applicant has paid to the City a
$200 deposit for clean up which shall be refundable upon the clean up,by the applicant,
of any and fireworks debris or material,in the sole discretion of the City,and provide
evidence of insurance covering the permittee and their agents,for the display of fireworks
the following amounts:
A.Personal Injury:-$1,000,000.00 per person.
B.Property Damage:-$1,000,000.00
C.Total Exposure:-$3,000,000.00
(Code ofIowa,Sec.727.2)
3 Exceptions.This section does not prohibit the sale of any kind of fireworks if they
are to be shipped out of State;or the sale or use of blank cartridges for a show or theatre,
or for signal purposes in athletic sports or by railroads or trucks for signal purposes,or by
a recognized military organization.This section does not apply to any substance or
composition prepared and sold for medicinal or fumigation purposes.(Code ofIowa,Sec.
727.2)
4 Miscellaneous.A non-refundable fee shall be paid to the City for processing the
application shall be $10.00 with any application under paragraph 2 of this section.The
applicant shall be responsible for any and all damages occasioned,directly,or indirectly
from the activity undertaken under the permit.Any and all fireworks debris and material
shall be the responsibility of the applicant and shall be collected and disposed of by the
applicant immediately upon the conclusion of the permitted activity.
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 16th day of April,2007,and approved this 16th day of April,2007.~4t-arlene Stanton,ayor Pro Tern
Attest: