1. Purpose and Intent. To allow for the sale and use of fireworks as permitted under state law within the Prairie City city limits.
A. As used in this section the term “fireworks” includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and fireworks containing any explosive or flammable compound, or other device containing any explosive substance. The term “fireworks” does not include goldstar-producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one-eighth of an inch in diameter, toy snakes which contain no mercury, or caps used in cap pistols.
Examples of fireworks covered by this ordinance include:
(1) Aerial shell kits and reloadable tubes.
(3) Helicopter and aerial spinners.
(5) Mine and shell devices.
(6) Missile-type rockets.
(8) Sky rockets and bottle rockets.
(9) Multiple tube devices.
(11) Cylindrical fountains.
(13) Ground and hand-held sparkling devices, including multiple tube ground and hand-held sparkling devices that are manufactured in accordance with APA 87-1, section 3.5. (“APA 87-1” means the American pyrotechnics association standard 87-1, as published in December 2001).
(15) Illuminating torches.
(16) Toy smoke devices that are not classified as novelties pursuant to APA 87-1, section 3.2.
(18) Wire or dipped sparklers that are not classified as novelties pursuant to APA 87-1, section 3.2.
B. “Display Fireworks” as defined in Iowa Code Section 727.2 (1b) is hereby adopted.
3. Fireworks DischargingRegulations.
A. A person shall not use or explode consumer fireworks on days other than July 1 through July 8 and December 20 through January 1 of each year, all dates inclusive.
(Ord. 359 - Nov. 18 Supp.)
B. A person shall not use or explode consumer fireworks at times other than between the hours of 6:00 p.m. and 10:00 p.m. on Fridays and Saturdays; and between 6:00 p.m. and 9:00 p.m. on Sundays through Thursdays; except that on the following dates consumer fireworks shall not be used at times other than between the hours specified: (1) Between the hours of 6:00 p.m. and 11:00 p.m. on July 3 and 4. (2) Between the hours of 6:00 p.m. on December 31 and 12:30 a.m. on the immediately following day.
(Ord. 359 - Nov. 18 Supp.)
C. A person shall not use 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.
D. A person who violates this subsection commits a simple misdemeanor punishable by a fine of at least sixty-five dollars but not to exceed six hundred twenty-five dollars. A court shall not order imprisonment for a violation of this subsection.
4. Fireworks Sales Permit Required.There shall be no sale of fireworks within the corporate City Limits without a permit having been issued by a representative of the Fire Department.
5. Fireworks Sales Permit Issuance.Fireworks sales permits shall be issued accordance with the following.
A. The following items shall be submitted along with any application for a fireworks sales permit:
(1)Proof of valid permit issued from the state fire marshal.
(2) Proof of liability insurance separate from the building property insurance specifically showing coverage of fireworks sales with a minimum per occurrence coverage of $1,000,000 and aggregate coverage of at least of $2,000,000.
B. Inspections. Any property, building, or premise whether it be permanent or temporary, intended for fireworks sales shall have an initial fire inspection completed by the fire chief prior to engaging in fireworks sales. The fire chief or their designee shall cause an annual inspection to occur meeting the requirements of the National Fire Protection Code 1124 (2006 edition) and the current fire code adopted by the City of Prairie City.
6. Fireworks Sales Safety and Operational Standards. All fireworks sale permit holders shall comply with the following safety and operational standards at all times.
A. Allowable Times for the Sales of Fireworks. Fireworks sales shall only be conducted in accordance with dates designated by Iowa Code during the hours of 9:00 a.m. to 9:00 p.m.
B. Allowable Locations for the Sales of Fireworks.
(1) Any permanent structure used primarily for the purpose of fireworks sales shall be located 35 feet from a property line, public roadway, alley, or highway; and 70 feet from an inhabited building in a location zoned for commercial sales.
(2) Not more than 100 pounds of total aggregate weight of DOT 1.4 class fireworks shall be located inside a commercial business with other mercantile products for sale.
(3) Not more than 500 pounds of total aggregate weight of DOT 1.4 class fireworks shall be located inside a building where fireworks are the primary business.
(1) Smoking, open flame source, or matches shall not be located within 50 feet where fireworks are sold.
(a)Except that lighters and matches may be sold as part of a retail business in commercial structures who engage in other merchandise sales where fireworks is not the primary business.
(b)Locations who engage in fireworks sales as a primary source of revenue may sell extended lighters so long as lighters are located in a sealed package and not removed within the store premises.
(2)All electrical wiring shall meet NFPA 70 National Electrical Code. Permanent structures or buildings used primarily for fireworks sales shall meet wiring requirements for a hazardous location, including covered light fixtures to avoid sparks upon failure or damage to lights.
(3)All fireworks sales locations of any type shall maintain 48 inch clear aisles between fireworks display shelves.
(4) Any location where fireworks are sold shall maintain two approved exits for egress during an emergency. All approved exits shall be clearly marked with signage; except that, exit signs in a permanent structure shall be illuminated.
(5) Fireworks sales shall only be permitted in a single story at grade building or structure to facilitate easy exiting during an emergency.
(a)One fire extinguisher per every 50 feet of walking distances shall be provided, with a minimum of two extinguishers per location.
(b)The minimum weight for each fire extinguisher must be 10 pounds – ABC type extinguisher.
(c)Each fire extinguisher must have certification that it has been recharged within the preceding 12 months.
(d) All fire extinguishers must be mounted four feet off the ground and clearly visible.
(7)Two fifty-five gallon containers of water with covered lids and marked “FIRE WATER” must be supplied.
(8) All doors used as service doors outside the view of a clerk shall be locked to prevent unauthorized persons from entering the building unnoticed. If doors are approved exit doors as part of the two approved exits needed, they shall be operable without special tools, keys, or knowledge. Delayed or alarmed egress doors are permitted so long as release is activated within 8 seconds.
(9) No more than one conex container or approved explosive magazine shall be located on site for short term storage of extra product. All containers shall be properly placarded and equipped with tamper proof locking devices. It is permitted to place containers in a security fenced area.
(10) Individual fireworks devices or opened fireworks packages shall not be permitted to be displayed. No open fuses shall be exposed during storage inside a sales location.
(1)One or more signs reading "Fireworks-No Smoking" shall be displayed at all places where fireworks are stored or sold in letters not less than four inches in height.
(2) No persons under the influence of alcohol, drugs, or narcotics, shall be allowed to remain in the business where fireworks are sold as a primary business.
(3) Signs shall be posted at all points of ingress and egress to and from the fireworks stand stating no sales will be made to anyone under the age of 18.
(4) No person under the age of 18 may sell fireworks.
(5) Flashing lights of any type are prohibited. All lighting shall be non-intermittent.
(6) All signage must comply with Prairie City City Code.
(7) No motor vehicle parking shall be within 10 ft. of firework stands or tents.
(8) All weeds and combustible materials shall be cleared from the location of the stand, including a distance of at least twenty feet surrounding the stand.
(9) All unsold stock and accompanying litter shall be removed from the location by five p.m. two days after the end of sales of fireworks.
(10) All temporary structures shall be removed from the temporary location by twelve noon on the 7th day after the end of sales of fireworks, and all accompanying litter shall be cleared from said location by the said time and date.
7. Display Fireworks Regulations. The city may, upon application in writing, grant a permit for the use of “display fireworks”, as defined in this ordinance, by a city agency and other organization and groups of individuals approved by city authorities when such “display fireworks” will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the city evidence of insurance in the following amounts:
A. Personal Injury: $500,000 per person / $1,000,000 per occurrence / $2,000,000 Aggregate
B. Property Damage $100,000
A. Any violation of Section
41.13 shall be considered a simple misdemeanor or municipal infraction as provided in section
4.03 of the Prairie City City Code.
B. If in the judgment of the fire chief or building inspector, the construction of a permanent structure or the conduct of the operations therein do not conform to the provisions of this chapter, such officers or either of them may order the stand immediately closed, and the permit to operate such stand shall then be suspended and/or revoked.
(Ord. 350 – Aug. 17 Supp.)
