§ 15-94. Public displays.

(a)

Permit required. All persons discharging fireworks for public display within the city limits shall obtain a city permit. Permits will be issued only to those persons with the requisite competence and skill, in the opinion of the fire marshal, and only when, in the opinion of the fire marshal, the proposed display will be conducted in a manner not hazardous to persons or property.

(b)

Application for permit.

(1)

An applicant for a permit for a public exhibition or display of fireworks shall, at least 15 days before the day set for the display, file with the city license department a written application duly subscribed and sworn to by the applicant.

(2)

Such application shall set forth the following information:

a.

The name of the association, organization, or corporation sponsoring the display, together with the names of the persons to be in charge of the firing and discharging of the display;

b.

The date and time of day at which the display is to be held;

c.

The exact location planned for the display;

d.

A description setting forth the age, experience, residence, and physical characteristics of the persons who are to do the actual firing and discharging of the fireworks;

e.

The number and kinds of fireworks to be discharged;

f.

The manner and place of the storage of such fireworks between the date of purchase and date of display;

g.

A diagram or sketch of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, streets, and other lines of communication, the lines behind which the public will be restrained, and the location of all nearby trees, telegraph and telephone lines, or other overhead obstructions.

(3)

An application fee may be charged in an amount to be set by the city administrator.

(c)

Insurance policy required. Before a permit will be issued for a public exhibition or display of fireworks, the applicant shall file with the city license department a certificate of liability insurance, approved as to form by the city attorney, stating that the applicant has a liability insurance policy in the minimum amount of $500,000.00 per occurrence, combined single limit bodily injury and property damage. In addition, the certificate of insurance shall name the city as an additional named insured.

(d)

Conduct of public displays.

(1)

A public display of fireworks shall be permitted only when the actual point at which the fireworks are to be fired is at least 200 feet from the nearest permanent building, public street, railroad, or other means of travel, and 50 feet from the nearest aboveground telephone or telegraph line, tree, or other overhead obstruction.

(2)

No public display of fireworks shall be discharged, ignited or exploded within 1,000 feet of any hospital.

(3)

The audience at a public display of fireworks shall be restrained behind lines at least 100 feet from the point at which the fireworks are discharged, and only persons in active charge of the display shall be allowed inside these lines.

(4)

All fireworks that fire a projectile shall be set up so that the projectile will go into the air as nearly as possible at an angle of not more than 15 degrees from vertical and directed away from the spectators. Where such fireworks are to be fired beside a lake or other large body of water, they shall be directed in such a manner that the falling residue from the deflagration will fall into such body of water.

(5)

Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a safe manner for the particular type of fireworks and as directed by the fire marshal.

(6)

No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 30 miles per hour. In such cases, the fire marshal may authorize the display at a future date suitable to the group holding the display.

(7)

There shall be at all times at least two operators of the display constantly on duty during the discharge.

(8)

At least two fire extinguishers of a type approved by the state fire marshal shall be kept at as widely separated points as possible within the actual area in which the discharging is being done.

(Code 1988, § 15-77; Ord. No. 65434, § 7, 5-18-1989)