HomeMy WebLinkAbout20080721 - VI-12VI-12
HASTINGS FIRE DEPARTMENT
MICHAEL T. SCHUTT, FIRE & EMS DIRECTOR
115 West 5`° Street
Hastings, MN 55033-1815
Business Office (651) 480-6150
Fax (651) 480-6170
TO: Honorable Mayor Hicks and City Council Member
FROM: Michael T. Schutt, Fire and EMS Director ~/~~~
DATE: July 17, 2008 /
SUBJECT: Fireworks Ordinance
Description•
Update the City of Hastings Ordinance, Chapter 13, Fireworks. This update is to be
compliant with recent changes in Minnesota State Statute.
Background:
In 2004, the City of Hastings adopted a Fireworks Ordinance regulating the sales, storage
and use of legalized fireworks. During the 2006 Minnesota Legislative Session, the state
statute pertaining to fireworks was amended to include language that municipalities could
not be more restrictive than state statute.
Recent legislative sessions again resulted in language changes to the state statute. The
changes relate to the amount of explosive product in each firework and to the amount of
sales space the display may occupy within a store.
Attached are proposed changes to the City of Hastings Ordinance, Chapter 13.
Requested Action:
Staff is recommending proposed language change to the City of Hastings Ordinance,
Chapterl3, to be compliant with Minnesota State Statute.
If you have any questions, please feel free to contact me anytime on my cell phone at
651-775-5547. I will be in attendance at the July 21, 2008, city council meeting, if you
should have any questions at that time.
FIRE SUPPRESSION - FIRE EDUCATION - FIRE PREVENTION - AMBULANCE SERVICE
Fireworks Ordinance Proposed Change
Chapter 113.02 (Consumer Fireworks)
New Wili have the same definition as contained in M.S. 624.20, Subdivision 1 (c), as it
may be amended from time to time. Wire or wood sparklers of not more than 100 grams
of mixture per item, other sparkling items which are non -explosive and non -aerial and
contain 75 grams or less of chemical mixture per tube or a total of ~ 500 grams or less
for multiple tubes, these include:
(Change 200 grams to 500 grams)
(2) Cone Fountains
New The effect is the same as that of a cylindrical fountain. When more than 1 cone
mounted on a common base, total pyrotechnic composition may not exceed-298-500
grams.
( Change 200 grams to 500 grams)
113.07 Terms and conditions of Fireworks License
New (G) In buildings without an approved, automatic fire sprinkler system throughout,
consumer fireworks will be limited to .
f J'
"` ""*°"'~"'" "'=ztt~o ooo=~~~=~otz~o oon. 125 lbs. net of pyrotechnic composition or
25 % of gross package weight if pyrotechnic mixture weight is not known
New (H) In buildings with an approved automatic fire sprinkler system throughout,
consumer fireworks will be limited to .
""""'~°"'"''" '~'~ ~ ' . 250 Ibs. net of pyrotechnic composition or 400 lbs gross
weight 25 % of gross package weight if pyrotechnic mixture weight is not known or
25 % of retail floor space or 600 sq ft, which ever is less and authority having
jurisdiction approves the increase.
CHAPTER 113: FIREWORKS
Section
113.01 Purpose
1 i 3.02 Definition
113.03 License required
113.04 License application
113.05 Sales and storage of fireworks
113.06 Processing application
113.07 Terms and conditions of fireworks license
113.08 Discharge rules and regulations
113.09 Citations and fines
113.10 Right of hearing
113.11 License term and fee
113.12 Application
113.98 Violations
§ 113.01 PURPOSE.
(A) The purpose of this chapter is to regulate the sale, storage, display, and
possession of permitted consumer fireworks in order to protect the health, safety, and
welfare of the general public.
(B) The City Council makes the following findings regarding the need to license and
regulate the sale, distribution, storage, and display of fireworks permitted under state law:
(1) Consumer fireworks contain pyrotechnic chemical compositions that are
combustible; accordingly, the unregulated accumulation, storage, display, use, and sale of
these items present a fire safety hazard;
(2) The improper disposal of consumer fireworks presents environmental
hazards; and
(3) Due to their short-term and mobile nature, it is more difficult and
demanding of city staff and public safety resources to enforce compliance with city
ordinances and state law for temporary and transient sales of consumer fireworks than it
is for established, permanent businesses.
(Prior Code, § 5.53) (Am. Ord. 510, passed 3-15-2003)
63
64 Hastings -Business Regulations
§ 113.02 DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the
context clearly indicates or requires a different meaning.
CONSUMER FIREWOR%S. Will have the same definition as contained in M.S. §
624.20, Subdivision 1(c), as it may be amended from time to time. Wire or wood
sparklers of not more than 100 grams of mixture per item, other spazkling items which
are non-explosive and non-aerial and contain 75 grams or less of chemical mixture per
tube or a total of ~ 500 grams or less for multiple tubes, these include:
(1) Cylindrical fountair~ Upon ignition, a shower of colored sparks or smoke
and sometimes a whistling effect is produced.
(2) Cone fountair~ 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~9A-g~ 500 grams..
(3) Illuminating torch.
(4) 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.
(5) 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.
(6) Flitter sparkler. Narrow paper tube attached to a stick or wire that produces
color and spakks upon ignition. The paper at one end of the tube is ignited to make the
device function.
(7) Flash/strobe. Emit a bright light.
{8) Novelty items such as snakes and glow worms, smoke devices, or trick
noisemakers which include paper streamers, parry poppers, string poppers snappers, and
drop pops, each consisting of not more that 25 hundredths grains of explosive mixture.
(Prior Code, § 5.53) (Am. Ord. 510, passed 3-15-2003)
68 Hastings -Business Regulations
(D) The applicant must be at least 18 years of age when application is made.
(E) Consumer fireworks must not be sold to persons under the age of 18. Photo
identification must be checked with each sale.
(F) All sales must take place in a building which meets all applicable provisions of
the State Building Code and the State Fire Code.
(G) In buildings without an approved, automatic fire sprinkler system throughout,
consumer fireworks will be limited to -
. 1251bs. Net or 25 % of gross package weight
if pyrotechnic mixture is not known.
(H) In buildings with an approved automatic fire sprinkler system throughout,
consumer fireworks will be limited to
. ZSO lbs. Net of pyrotechnic composition or 25 % of gross
package weight if pyrotechnic mixture is not known or 25 % of retail floor space or 600
sq. ft., which ever is less and authority having jurisdiction approves the increase.
(I) All licensees shall be responsible for the actions of their employees with regards
to the sale of consumer fireworks on the licensed premises, and for purposes of this
ordinance, the sale of consumer fireworks by an employee will be considered a sale by
the license holder.
(Prior Code, § 5.53) (Am. Ord. 510, passed 3-15-2003) Penalty, see § 10.99
§ 113,08 DISCHARGE RULES AND REGULATIONS.
(A) It is unlawful to throw or toss any consumer fireworks at any person, animal,
vehicle, thing, or object.
(B) It is unlawful to throw or toss any consumer fireworks from a moving vehicle.
(C) Juveniles may not possess consumer fireworks unless under the direct
supervision of a responsible adult.
(D) The Fire Chief or Fire Marshal may ban consumer fireworks displays and use of
consumer fireworks if it is deemed that safety conditions exist.
(E) It is unlawful to use or discharge any consumer fireworks along the route of and
during any parade or at any place of public assembly or in any commerciaVindustrial
district.
(F) It is unlawful to use or discharge any consumer fireworks on public property
without prior written consent of the Fire Marshal.
(G) It is unlawful to use or discharge consumer fireworks of any kind inside of any
structure.
Fireworks
(H) It is unlawful to use or discharge consumer fireworks of any kind between the
hours of 11:00 p.m. and 8:00 a.m.
(Prior Code, § 5.53) (Am. Ord. 510, passed 3-15-2003) Penalty, see § 10.99
§ 113.09 CITATIONS AND FINES.
(A) Upon discovery of a violation of this chapter, or pursuant to a compliance check,
the licensee will be issued an administrative citation. Each violation, and every day in
which a violation occurs or continues, will constitute a separate offense.
(B) For purposes of determining the number of occurrences of violations, the City
Council shall consider a violation as a second occurrence if it occurred within 18 months
of the first violation and shall consider a violation a third violation if it occurred within
30 months of the second violation. The City Council shall consider a violation a fourth
violation if it occurred within 30 months of the third violation.
(1) First violation -the licensee shall pay a civil fine established by ordinance.
(2) Second violation -the licensee shall pay a civil fine established by
ordinance.
(3) Third violation -the licensee shall pay a civil fine of established by
ordinance and shall have its license suspended for 3 consecutive days.
(4) Fourth violation -the licensee's license shall be revoked.
(C) All administrative fees imposed by this chapter are to be paid within 60 days of
the date of citation or not later than 30 days after the date of any written decision
following the appeal process. Failure to pay any fee imposed herein within the time
limits established will result in a license suspension until the date of payment.
(D) Nothing in this chapter prevents the City Council from imposing a harsher
penalty than those established by ordinance or resolution herein.
(E) In addition to any administrative citation and penalty imposed herein, the city
reserves the right to also issue a criminal citation to any person who violates a provision
of this city code section or any state law regarding the storage, display, or sale of
consumer fireworks.
69
(Prior Code, § 5.53) (Am. Ord. 510, passed 3-15-2003)
~o
Hastings -Business Regulations
§ i 13.10 RIGHT OF HEARING.
Within 20 calendar days of the date of the written notice of violation, any cited party
may request an opportunity to appeal the violation. The request for appeal must be in
writing and must be submitted to the City Clerk. The City Clerk will place the item on
the agenda of the next regularly scheduled City Council meeting. Upon review, the City
Council may affirm, modify, or overrule the initial determination of penalty.
(Prior Code, § 5.53) (Am. Ord. 510, passed 3-15-2003)
§ 113.11 LICENSE TERM AND FEE.
(A) Licenses shall be issued on a calendar year basis.
(B) License fees will not be prorated.
(C) License fees will be established by Council resolution.
(Prior Code, § 5.53) (Am. Ord. 510, passed 3-15-2003)
§ 113.12 APPLICATION.
The provisions of this chapter shall apply to all applications of any nature to sell
consumer fireworks which are pending on the effective date of this chapter, as well as
those applications which may have been granted prior to the effective date of the chapter.
(Prior Code, § 5.53) (Am. Ord. 510, passed 3-15-2003)
~ 113.98 VIOLATIONS.
Every person who violates a provision of this chapter when they perform an act
thereby prohibited or declared unlawful, or fails to act when that failure is thereby
prohibited or declared unlawful, and upon conviction thereof shall be punished as for a
misdemeanor.
(Prior Code, § 5.53) (Am. Ord. 510, passed 3-15-2003) Penalty, see § 10.99