HomeMy WebLinkAbout~Master - Amendment to Fireworks Ordinance ORDINANCE NO. 4315
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY REPEALING CHAPTER 17 SECTION 17.6 AND
ENACTING A NEW SECTION 17.6 THEREOF, FOR THE PURPOSE
OF FIREWORKS, USE AND SALES REGULATED; REPEALING ANY
AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY;
AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
enacting a new Section 17.6 as follows:
"Sec. 17.6. FIREWORKS,USE AND SALES REGULATED.
(1) Definitions.
(a) "Display 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 fireworks containing any explosive or flammable compound, or other
device containing any explosive substance. "Display fireworks" does not include novelties or consumer fireworks
enumerated in chapter 3 of the American Pyrotechnics Association's Standard 87-1.
(b) "Consumer fireworks" means first-class consumer fireworks as described in the American
Pyrotechnics Association Standard 87-1,chapter 3,such as:
(1)Aerial shell kits and reloadable tubes.
(2)Chasers.
(3)Helicopter and aerial spinners.
(4)Firecrackers.
(5)Mine and shell devices.
(6)Missile-type rockets.
(7)Roman candles.
(8) Sky rockets and bottle rockets.
(9)Multiple tube devices that are manufactured in accordance with APA 87-1, section 3.5.
(2) The use or exploding of consumer fireworks is prohibited.
(3) The use or exploding of display fireworks is prohibited except when done in accordance with a
permit authorized by the City Council.
(Ord. No. 3936, 12-18-07)
(4)The City Council for the City of Ames may,upon receipt of a written application,permit the outdoor display
and exploding of display fireworks by any group or organization if the fireworks will be handled by a competent
operator.
(Ord.No. 3936, 12-18-07)
(5) However, nothing in this section shall be construed to prohibit any resident, dealer, manufacturer or jobber
from selling consumer fireworks or the sale or use of blank cartridges for a show or the theater, or for signal
purposes in athletic or sporting events or by railroads or trucks, for signal purposes, or by a recognized military
organization; and provided further that nothing in this section shall apply to any substance or composition prepared
and sold for medicinal or fumigation purposes.
(6)An insurance certificate naming the City of Ames, its officers, and employees as an additional insured with
comprehensive general liability limits in the amount of$1,000,000 combined single limit and with excess liability
limits in the amount of$5,000,000 shall be in full force and effect during the life of the display fireworks permit.
The coverage shall be at least as broad as the ISO Form Number CG0001 covering commercial general liability
written on an occurrence basis only.For permits authorized by the City Council for the outdoor display of fireworks
on the property of Iowa State University, the university must also be named as an additional insured. A copy of the
current insurance certificate shall be maintained on file with the City Clerk.
(Ord. No. 3746, I1-18-03; Ord. No. 3936;Ord. No. 3936, 12-18-07)
(7) A violation of a provision of this section pertaining to the use or exploding of fireworks shall be a simple
misdemeanor punishable by a fine of not less than$250.
(8) In addition to complying with all other City permitting or registration standards and approvals, temporary
vendors of consumer fireworks shall not erect a consumer fireworks sales stand, structure or tent within twenty-five
(25)feet of an existing building.
(9) Retail vendors of consumer fireworks shall post a sign in plain view of customers informing customers that
the use of fireworks within the Ames city limits is prohibited by city ordinance, and that a violation is a simple
misdemeanor punishable by a fine of not less than$250.
(10)A violation of sub-section(8)or(9)of this section is a municipal infraction.
(Ord No. 3746, 11-18-03) (Ord.No. 2646, Sec.2,3-7-78;Ord.No. 3003, Sec. 18,2-23-88; Ord. No. 3497,
Sec. 16, 8-25-98; Ord. No. 3551, 3-7-00)[State Law Ref. 727.2]
Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
Section Three. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 27'h day of June,2017.
c
lane R.Voss, City Clerk Ann H. Campbell,Mayor