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ORD 02-008 ORDINANCE 02- 08 AN ORDINANCE OF THE CITY OF ELK RIVER AN ORDINANCE ADDING SECTION 209, ENTITLED "FIREWORKS," REGULATING THE DISPLAY, SALES, STORAGE, AND USE OF CONSUMER FIREWORKS The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 209 titled "Fireworks" shall be added to the Elk River City Code of Ordinances as follows: SECTION 209 - FIREWORKS 209.00 GOVERNING REGULATIONS Fireworks are regulated by Minnesota Statutes §624.20 - 624.25. In addition to these state laws, all display, sales, storage, and use of fireworks shall comply with Elk River City Ordinance Section 209. Attached as Exhibit 1 is a list of legal and illegal fireworks. 209.02 ACTS PROHIBITED WITHOUT PERMIT No person shall do any of the following without obtaining a permit: 1. Store or sell any fireworks; 2. Make a public display of fireworks. 209.04 PERMIT APPLICATION The application for a permit to store or sell fireworks shall be made to the city clerk or his/her designee. A criminal record check will be done on all applicants. The fire chief or his/her designee will inspect the proposed location for selling and/or storing fireworks to determine if it is a suitable location. The fire chief or his/her designee will also determine if the applicant is competent and trained to handle fireworks. The application for a permit must include: 1. a letter from the property owner granting permission to the applicant to sell and/or store fireworks on the property. 2. a floor plan designating the area where the fireworks will be sold and/or stored. 3. a list of the fireworks that will be sold. The list must include the name, weight, quantity, and material safety data sheets. 4. a certificate of insurance coverage (see 209.08, 2). 209.06 PERMIT FEE The fee for this permit shall be that as provided in the current City Fee Schedule Resolution. 209.08 TERMS AND CONDITIONS FOR ISSUANCE OF PERMIT A permit for the storage and/or retail sale of fireworks shall be issued only upon the following terms and conditions: 1. The applicant shall not have been convicted of a "crime of violence" as defined by MN STAT §624.712, Subd. 5 or any fire/fireworks related crime within the last 5 years. 2. The applicant shall maintain general liability, bodily injury, and property damage insurance approved by the City in the minimum amount of one million dollars ($1,000,000) single limit. The City cf Elk River shall be named as an additional insured. Certificates of coverage shall be filed with the City Clerk with the application. 3. The sale of fireworks shall occur only on property zoned C1, Central Business District; C3, Highway Commercial; and C4, Neighborhood Commercial. No sale of fireworks shall occur on property zoned residential, or properties used for educational purposes or assemblies. 4. The sale of fireworks must occur within a permanent structure and shall not be allowed from a truck, trailer, tent, or other facility that can be construed as temporary in nature. Transient sales of fireworks are not permitted. 5. Fireworks sales and/or storage areas shall have "no smoking" signs in red letters not less than two (2) inches in height on white background. All signs shall be maintained in legible condition. Signage must be approved by the fire chief or his/her designee. 6. The discharge of fireworks shall be prohibited within one hundred (100) feet of any building in which fireworks are being sold or stored. 7. Each permit holder shall have at least two (2) water-type or equivalent fire extinguishers of not less than two and one-half gallon capacity in the area where the fireworks are sold or stored. 8. There shall be at least two (2) exits from all buildings where fireworks are being sold or stored. 9. In buildings without an approved automatic sprinkler system, fireworks sales displays and/or storage shall be limited to fifty (50) lbs. net pyrotechnic composition or two hundred (200) lbs. gross weight, if the pyrotechnic composition weight is not known. 10. In buildings with an approved automatic sprinkler system, fireworks sales displays and/or storage shall be limited to one hundred (100) lbs. net pyrotechnic composition or four hundred (400) lbs. gross weight, if the pyrotechnic composition weight is not known. 11. A list of all fireworks displayed for sale and stored on the property must be posted in a conspicuous location near the display/storage area. The list shall include the name, weight, and quantity of the fireworks and be accompanied by the material safety data sheets. Upon request, samples of the fireworks shall be made available to the fire chief or his/her designee for testing. 12. A permit granted pursuant to this ordinance is not transferable. 13. Fireworks must not be sold to people under 18 years old. 209.10 FIREWORKS - DISCHARGE RULES AND REGULATIONS 1. It is unlawful to use or discharge any fireworks along a parade route prior to, during, or after any parade, or at any place of public assembly, parks, or government property. 2. It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle, or other thing or object. 3. The discharge of fireworks shall be prohibited within one hundred (100) feet of any building in which fireworks are sold or stored. 4. Fireworks may only be discharged in an area with a water source connected to a hose, fire extinguisher, and/or other means of putting out a fire that is acceptable to the fire chief or his/her designee. 5. The fire chief or his/her designee may ban fireworks for any period of time for any public safety reason. 6. No one under the age of 18 may possess fireworks unless under the direct supervision of a responsible adult. 209.12 VIOLATIONS AND PENALTIES A violation of any section of this ordinance is a misdemeanor. The maximum possible sentence is 90 days in jail and/or a $1,000 fine. Any violation of state statutes regarding fireworks or this ordinance will result in the revocation of any permit to sell or store fireworks. Materials that violate state statutes or this ordinance may be confiscated and destroyed. Costs associated with disposal shall be paid by the violator and/or be assessed back to the property. Section 2. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this 28~h day of May, 2002. ATTEST: 'Sandra A. Peine, City Clerk EXHIBIT 1 EXAMPLES OF LEGAL ~ ILLEGAL FIR~"WO~tKS EXAMPLES OF FIREWORKS THAT ARE NOW LEGA~L TO SELL, POSSESS, ~ USE BY THE PUBLIC ON OR AFTER APRIL 30, 2002, AS PERMITTED BY MINNESOTA STATUTE 624.20 (c) Wire or wood s~arklers of not more than 100 grams of mixture per item Other sDarkling items which are non- explosive and non-aerial and contain 75 grams or less of a chemical mixture per tube or a total of 200 grams or less for multiple tubes and include: · Cylindrical Fountain-Upon ignition, a shower of colored sparks or smoke and sometimes a whistling effect is produced. · Cone Fountain-The effect is the same as that of a cylindrical fountain. When more than 1 cone is mounted on a common base, total pyrotechnic composition may not exceed 200 grams · Illuminating Torch · Wheel-Pyrotechnic device intended to be attached to a post or tree by means of a nail or string. Upon ignition, the wheel revolves, producing a shower of color and sparks and sometimes, a whistling effect. · Ground Spinner-Small device venting out an orifice usually on the side of the tube. Similar in operation to a wheel but intended to be placed flat on the ground and ignited. The rapidly spinning device produces a shower of sparks and color. · Flitter Sparkler-Narrow paper tube attached to a stick or wire that produces color and sparks upon ignition. The paper at one end of the tube is ignited to make the device function. · Flash/Strobe-Emit a bright light. Novelty iteras such as snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and snap pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. EXAMPLES OF FIREWORKS THAT CONTINUE TO BE ILLEGA/~ TO SELL, POSSESS, A_ND USE, EXCEPT AS PERMITTED UNDER MINNESOTA STATUTE 624.20 · Any fireworks that are explosive · Any fireworks that are aerial · Firecrackers (any size) · Ladyfingers · Sky rockets · Bottle rockets · Missile type rockets · Helicopters, aerial spinners, planes, UFOs · Roman Candles · Mines or shells (heavy cardboard or paper tube(s) attached to a base - upon ignition stars, balls or reports are propelled into the air) · Chasers · Parachutes · 1.3G display (special or class B)fireworks · Aerial shells · Theatrical pyrotechnics (see PIN Stat. 624.20 to 624.25) Basically, any fireworks listed above are still not legal for public sale, possession, or use, except with a permit and by a certified operator according to PIN Statute 624.20 (i.e.; these fireworks are still not legal unless a permit has been issued by the local jurisdiction and they are used by a state certified operator) s: \ admin \ ordinances \ 2002 ordinances \ fireworks ordinance 209.doc II/ Affidavit of Publication STATE OF MINNESOTA ) ORDINANCE )ss. AN ORDINANCE COUNTY OF SHERBURNE) CITY OF ELK RIVER AN ORDINANCE ADDING - ` SECTION 209,ENTrrizD � "FIREWORKS,"REGULATING C/'" �Z c� 22L / , THE DISPLAY,SALES, being duly sworn, on oath says that he/she is the ublisher STORAGE,AND USE OF CONSUMER FIREWORKS or authorized agent and employee of the publisher of the The City Council pf the City of Elk River does hereby ordain as newspaper known as the Elk River Star News, and has full follows: Section 1. Section 209 titled knowledge of the facts which are stated below: "Fireworks"Rh A 1l be added to the A) The newspaper has complied with all the Elk River City Code of Ordinances " as follows: requirements constituting qualification as a qualified SECTION 09-FIREWORKS 22009.0 newspaper, as provided by Minnesota Statute 331A.02, Fireworks ;u* 331A.07, and other applicable laws, as amended. Mi B) The rinted laws, 624090 and use of fire-wor '4' with Elk River City Ordin:"i *.r which is attached was cut from the columns of said 209.02 CTS PROHIBITED newspaper, and was printed and published once each WITHOUT PERMIT week, for / successive weeks; it was first published No person shall do any of the fol- 1 lowing without obtaining a permit: on Wednesday, the j day of 1111f _ • , 1.Store or sell any fireworks; 20 0 Z , and was thereafter printed .nd published every 2.Make a public display of fire- • works. Wednesday to and including Wednesday, the works.PERMIT APPLICATION The application for a permit to day of , 20 ; and printed below store or sell fireworks shall be made to the city clerk or his/her is a copy of the lower case alphabet from A to Z, both designee. A criminal record check will be inclusive, which is hereby acknowledged as being the size done on all applicants. and kind of type used in the composition and publication The fire chief or his/her designee will inspect the proposed location of the notice. for selling and/or storing fireworks to determine if it is a suitable loca- tion. The fire chief or his/her designee abcdefghijklmnopgrstuvwxyz will also determine if the applicant � is competent and trained to handle -7klopk_ 4____2_, fireworks. BY: The application fora permit I (---I/ must include: TITLE: . - • 1. a letter from the property owner granting permission to the applicant to sell and/or store fire- Subscribed and sworn to before m , 4 is day of works on the property. , �'/ 2. a floor plan designating the i4--/-i-Lt_ ' 20 f► 7k `4.`° NOTq�01_ area where the fireworks will be sold and/or stored. (-_rpbB( oaf, 3.a list of the fireworks that will r l , �' be sold. The list must include the " , o V ask/ name,weight,quantity,and mate- r rial safety data sheets. > Notary Pub ti� ` 4. a certificate of insurance cov- erage 209.06 PERMIT FEE RATE INFORMATION The fee for this permit shall be 1 Lowest classified rate paid b that as provided in the current (1) P by r_ City Fee Schedule Resolution. commercial users for comparable s ace $ left a 209.08 TERMS AND P P CONDITIONS FOR NUANCE (2) Maximum rate allowed by law for OF PERMIT" A permit oar the above matter $ ,-71a*)-1, retail sale of fireworks shall issued only upon the following (3) Rate actually charged for the terms and conditions: •- above matter $ .2 el 1. The applicant shall not have been convicted of a"crime of vio- lence" as defined by MN STAT ¢624.712,8ubd. 5 or any fire/fire- works related crime within the 12.A . III last 5 years. this e 2. The applicant shall maintain ls.general liability,bodily injury,and op�meats/ . sold to property damage insurance people under 18 years old. approved by the City in the mini- DISCHARGE FIREWORKS- e million doI-' DISCHARGE RULES AND muse x -° - REGULATIONS Cir , - _ ''he 1. It is unlawful to use or dis- Ci a . wed. parade any fireworks along a as be parade route prior to, during, or after any parade,or at any place of file.itillkillssilly altdralli.the public assembly,parks,or govern- app cation." :. _-A. ment property. 3. The sale of fireworks shall 2. It is unlawful at any time to occur only on property zoned Cl, throw or toss any fireworks at any Central Business District; C3, person, animal, vehicle, or other Highway Commercial; and C4, thing or object. Neighborhood Commercial. No 3. The discharge of fireworks sale of fireworks shall'occur on shall be prohibited within one property zoned residential, or hundred(100)feet of any building properties used for educational in which fireworks are sold or purposes or assemblies. stored. 4. The sale of fireworks must 4. Fireworks may only be dis- occur within a permanent struc- charged an area with a water ture and shall not be allowed from source connected to a hose, fire a truck,trailer,tent,or other facil- ` extinguisher, and/or other means ity that can be construed as tem- of putting out a fire that is accept- porary in nature.Transient sales able to the fire chief or his/her gnee. of fireworks are not permitted. d 5 The fire chief or his/her 5.Fireworks sales and/or storage designee may ban fireworks for areas shall have "no smoking" signs in red letters not less than any period of time for any public two (2)inches in height on white safety reason. background. All signs shall be 6. No one under the age of 18 maintained in legible condition. may possess fireworks unless Signage must be approved by the under the direct supervision of a fire chief or his/her designee. responsible adult. III 6. The discharge of fireworks 209.12 VIOLATIONS AND shall be prohibited within one PENALTIES hundred(100)feet of any building A violation of any section of this in which fireworks are being sold ordinance is a misdemeanor. The or stored. maximum possible sentence is 90 7.Each permit holder shall have days in jail and/or a$1,000 fine. at least two (2) water-type Any violation of state statutes type or equivalent fire extinguishers of regarding fireworks or this ordi not less than two and one-half gal- Hants will result in the revocation lon capacity in the area where the of any permit to sell or store fire- fireworks are sold or stored. works. 8.There shall be at least two(2) Materials that violate state exits from all buildings where fire- statutes or this ordinance may be works are being sold or stored. confiscated and destroyed. Costs 9. In buildings without an associated with disposal shall be approved automatic sprinkler sys- paid by the violator and/or be tem, fir eworks eworks sales displays assessed back to the property.' and/or storage shall be limited to Section 2. That this ordinance fifty(50)lbs.net pyrotechnic com- shall take effect upon publication position or two hundred,(200)lbs. as provided by law gross weight, if the pyrotechnic Passed and adopted by the City composition weight is not known. Council of the City of Elk River 10. In buildings with an this 28th day of May,2002. approved automatic sprinkler.eye Stephanie F inning,Mayor tem, fireworks sales displays ATTEST and/or storage shall be limited to Sandra A.Peine,City Clerk one hundred (100) lbs. net (Jn5) pyrotechnic composition or four hundred(400)lbs.gross weight,if the pyrotechnic composition weight is not known. 11. A list of all fireworks dis- played for sale and stored on the property must be posted in a con- spicuous location near the dis- play/storage area. The list shall 41110 include the name, weight, and quantity of the fireworks and be accompanied by the material-safe- ty data shoo*Visa nmpart,sam- ples fifths be made avails to the ire anger his/her dues for testing.