6.3. SR 04-18-2005
Item #6.3
,
MEMORANDUM
TO: Mayor and City Council
FROM: Joan Schmidt, City Clerk
DATE: April 18, 2005
SUBJECT: Consideration of an Ordinance Amending Chapter 22, Article
VI Fireworks of the City Code
The City of Elk River is requesting ordinance amendments to these sections of Chapter 22,
Article VI Fireworks, of the City Code: Section 22-234: Acts prohibited without permit;
Section 22-252 Permit fee; and Section 22-253 Terms and conditions for issuances of permit.
Due to legislative changes, a city cannot restrict the sale of fireworks to only inside a
permanent structure but also has to allow the selling of fireworks from a truck, trailer, tent
or other facility that is temporary in nature. However, the City can have restrictions on these
temporary facilities.
The proposed changes to the ordinance require the applicant to both obtain a firework sales
license and a general planning permit if selling the fireworks outside in temporary facilities.
Section 22-253 lists the terms and conditions for issuance of permits to temporary facilities.
Since state law supersedes our ordinance, these changes are housekeeping in nature. This is
also why Item 3.7 (considering requests from TNT Firworks) is also on this agenda.
ACTION REOUESTED
Motion by Council to adopt Ordinance No. 05-_ amending Chapter 22 of the City Code.
PROPOSED HOUSEKEEPING LANGUAGE
TO CHAPTER 22, ARTICLE VI. FIREWORKS
Tcxt -""fth ~trfkcout is proposcd for delction.
Underlined text is proposed for insertion.
ARTICLE VI. FIREWORKS
DIVISION 1. GENERALLY
Sec. 22-231. Violations.
(a) Any violation of state statutes regarding fireworks or this article will result in the
revocation of any permit to sell or store ftreworks.
(b) Materials that violate state statutes or this article may be conftscated and destroyed.
Costs associated with disposal shall be paid by the violator and/or be assessed back
to the property.
(Ord. No. 02-08, ~ 1(209.12),5-28-2002)
Sec. 22-232. Discharge rules and regulations.
(a) 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.
(b) It is unlawful at any time to throw or toss any ftreworks at any person, animal,
vehicle or other thing or object.
(c) The discharge of ftreworks shall be prohibited within 100 feet of any building in
which fueworks are sold or stored.
(d) 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 fue that is acceptable to
the fUe chief or his designee.
(e) The fUe chief or his designee may ban fireworks for any period of time for any
public safety reason.
(f) No one under the age of 18 years may possess fueworks unless under the direct
supervision of a responsible adult.
(Ord. No. 02-08, ~ 1(209.10),5-28-2002)
Sec. 22-233. Governing regulations.
Fireworks are regulated by Minn. Stats. ~~ 624.20, 624.25. In addition to these state
laws, all display, sales, storage, and use of fireworks shall comply with this article. A list of
the legal and illegal fireworks is attached to the ordinance from which this article is derived.
(Ord. No. 02-08, ~ 1(209.00),5-28-2002)
Sec. 22-234. Acts prohibited without permit.
No person shall do any of the following withou obtaining a fireworks permit, and if
selling outside. a general planning permit:
(1) Store or sell any fIreworks;
(2) Make a public display of fireworks.
(Ord. No. 02-08, ~ 1 (209.02), 5-28-2002)
Secs.22-235--22-250. Reserved.
DIVISION 2. PERMIT
Sec. 22-251. Permit application.
(a) The application for a permit to store or sell fIreworks shall be made to the city clerk
or his designee. .
(b) A criminal record check will be done on all applicants.
(c) The fire chief or his designee will inspect the proposed location for selling and/or
storing fireworks to determine if it is a suitable 1<j)cation.
(d) The fIre chief or his designee will determine if the applicant is competent and trained
to handle fireworks.
(e) The application for a permit must include:
(1) A letter from the property owner gran~g 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 f1teworks that will be sold. The list must include the name,
weight, quantity and material safety data sheets.
(4) A certifIcate of insurance coverage as set forth in section 22-253(2).
(Ord. No. 02-08, ~ 1(209.04),5-28-2002)
Sec. 22-252. Permit fee.
The fee for a permit to store or sell fireworks and if necessary a general planning
permit shall be that as provided in the current city fee schedule resolution.
(Ord. No. 02-08, ~ 1(209.06),5-28-2002)
Sec. 22-253. Terms and conditions for issuance of permit.
A permit for the storage and/or retail sale of fu:eworks 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 Minn. Stats. ~ 624.712, subd. 5 or any fire/fu:eworks related crime within
the last five years.
(2) The applicant shall maintain general liability, bodily injury and property
damage insurance approved by the city in the minimum amount of
$1,000,000.00 single limit. The city 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 Cl central business
district, C3 highway commercial, and C4 neighborhood commercial. No sale
of fu:eworks shall occur on property zoned residential or properties used for
educational purposes or assemblies or assembly purposes. Transient sales of
fu:eworks are not permitted
f47 The sale of &reworks must occur ~1.thin a permanent structure and shall not
be allo~Td from a truck, trailer, tent or other facility that can be construed as
temporary in nature. Transient sales of firc'J;.'orb are not permitted.
.0). When the sale of fu:eworks is from a truck. trailer. tent or other facility that is
temporary in nature. . a general planning permit is required. as well as a
fireworks 'permit. Also. the following standards shall be met for the issuance
of a general planning permit:
.
No electrical services shall be across any drive or walking surface.
The sale of fu:eworks must be at least SO-feet from any fuel-
dispensing equipment.
If traffic becomes a problem around the temporary site. the sales area
shall be delineated with a barrier to restrict traffic.
The sales tent shall be maintained free of debris and kept in an
orderly condition.
The location of the tent is consistent with the submitted site plan and
meets all fire codes.
.
.
.
.
The tent shall be removed within one week of the end of the sales
period and the, site be returned to its previous condition.
Other standards may be required on a site-by-site basis.
.
(5) Fireworks sales and/or storage areas shall have signs designated "no
smoking" in red letters not less than two inches in height on white
background. All signs ,shall be maintained in legible condition. Signage must
be approved by the fire chief or his designee.
(6) The discharge of fireworks shall be prohibited within 100 feet of any building
in which fu:eworks are being sold or stored.
(7) Each permit holder shall have at least two water-type or equivalent fire
extinguishers of not less than 2 1/2-gallon capacity in the area where the
fIreworks are sold or stored.
(8) There shall be at least two 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 50 pounds net pyrotechnic
composition or 200 pounds 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 100 pounds net pyrotechnic
composition or 400 pounds 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 shall be
accompanied by the material safety data sheets. Upon request, samples of the
fireworks shall be made available to the fIre chief or his designee for testing.
(12) A permit granted pursuant to this division is not transferable.
(13) Fireworks fffi:lSt shall not be sold to people tlfttief less than 18 years eM of
age.
(Ord. No. 02-08, ~ 1(209.08),5-28-2002)
ORDINANCE 05 -
CITY OF ELK RIVER
AN ORDINANCE AMENDING THE CITY CODE,
CHAPTER 22, ARTICLE VI. FIREWORKS
The City Council of the City of Elk River does hereby ordain as follows:
ARTICLE VI. FIREWORKS
DIVISION 1. GENERALLY
Sec. 22-234. Acts prohibited without permit shall be amended to read as follows:
No person shall do any of the following without obtaining a fireworks permit, and if
selling outside, a general planning permit:
(1) Store or sell any fireworks;
(2) Make a public display of fireworks.
Sec. 22-252. Permit fee shall be amended to read as follows:
The fee for a permit to store. or sell fireworks and if necessary a general planning
permit shall be that as provided in the current city fee schedule resolution.
Sec. 22-253. Terms and conditions for issuance of permit shall be amended to read as follows:
A permit for the storage and/or retail sale of fireworks shall be issued only upon the
following terms and conditions:
(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 ftreworks shall occur on property zoned residential or properties used for
educational or assembly purposes. Transient sales of fireworks are not
permitted.
(4) When the sale of fireworks is from a truck, trailer, tent or other facility that is
temporary in nature, a general planning permit is required, as well as a
ftreworks permit. Also, the following standards shall be met for the issuance
of a general planning permit:
.
No electrical services shall be across any drive or walking surface.
The sale of ftreworks must be at least SO-feet from any fuel-
dispensing equipment.
If tramc becomes a problem around the temporary site, the sales area
shall be delineated with a barrier to restrict trafftc.
.
.
.
The sales tent shall be maintained free of debris and kept in an
orderly condition.
The location of the tent is consistent with the submitted site plan and
meets all fire codes.
.
The tent shall be removed within one week of the end of the sales
period and the site be returned to its previous condition.
Other standards may be required on a site-by-site basis.
.
(13) Fireworks shall not be sold to people less than 18 years of age.
Passed and adopted by the City Council of the City of Elk River this 18th day of April, 2005,
and that this ordinance shall take effect upon publication as provided by law.
Stephanie Klinzing, Mayor
ATTEST:
Joan Schmidt, City Clerk