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HomeMy WebLinkAboutNo 959 Amendment to Chapter 20, Article IV-Fireworks ORDINANCE NO. 959 AN ORDINANCE AMENDMENT TO CHAPTER 20, ARTICLE IV –FIREWORKS BE IT ORDAINED by the Mayor and City Council of the City of Maplewood that Chapter 20, Article IV –Fireworks is hereby amended to read as follows: ARTICLE IV.-FIREWORKS Sec. 20-96. -Purpose. It is the purpose of this article to govern the possession, use, sale, storage, exportation and display of fireworks in the city. Sec. 20-97. -Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Consumer Fireworksmeans wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than 0.25 grains of explosive mixture. The term also includes toy pistols, toy guns, in which paper caps containing 0.25 grains or less of explosive compound are used and toy pistol caps whichcontain less than 0.20 grains of explosive mixture. Consumer Fireworks Retail Sales (CFRS) Areameans the portion of a consumer fireworks retail sales facility or store, including the immediately adjacent aisles, where consumer fireworks are located forthe purpose of retail display and sale to the public. Consumer Fireworks Retail Sales Facilitymeans a permanent or temporary building or structure, CFRS stand, tent, canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public. Consumer Fireworks Retail Sales Standmeans a temporary or permanent building or structure 2 that has a floor area not greater than 800 ft, other than tents, canopies, or membrane structures, that is used primarily for the retail display and sale of consumer fireworks to the public. Distributormeans any person selling fireworks to wholesalers and retailers for resale. FireMarshalmeans the chief fire inspector of the fire department. Fireworks Displaymeans large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation. This term includes, but is not limited to, salutes containing more than 2 grains of explosive materials, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits of explosive materials for classification as “consumer fireworks.” Manufacturermeans any person engaged in the manufacture of fireworks. Retailermeans any person purchasing fireworks for resale to consumers. Storemeans a building classified as a mercantile occupancy that contains a variety of merchandise and that is not used primarily for the retail sales of consumer fireworks. Tentmeans a temporary membrane structure, with or without sides, including canopies. Sec. 20-98. - Consumer fireworks (a) Consumer fireworks for sale to the general public shall be understood to mean fireworks legal for sale and use in the state under Minn. Stats. § 624.20. (b) No individual, firm, partnership, corporation or association shall possess for retail sale in the city, sell or offer for sale at retail or use or possess any fireworks other than consumer fireworks. The use of consumer fireworks is not permitted on public property. Sec. 20-99. -Permit for sale or distribution. (a) No person may sell, hold for sale, import, distribute or offer for sale, as specialty retailer or retailer, any fireworks in the city unless such person has first obtained the appropriate permit. (b)The fire marshal shall enforce this article. All permitapplications shall be submitted to the office of the city clerk at least fifteen (15) days in advance of the date of the sales or retail display. The applications shall be promptly delivered to the planning department and the fire marshal for their review. (c)The application for a permit under this section shall contain the following information: (1)The name, address, date of birth, and telephone number of the applicant; (2)The address and the phone number of the location where the consumer fireworkswill be sold; (3)The nature of the site: Building ( ) Vehicle ( ) Tent ( ) Other ( ) (4)The type of consumer fireworks to be sold; (5)The estimate of the quantity of consumer fireworks; (6)A letter from the property owner granting permission to the applicant for use of the property; (7) A statement that applicant understands that the persons selling and purchasing fireworks must be at least 18 years of age; (8) A proof of insurance policy of public general liability in the amount of $300,000; property damage in the amount of $100,000 and workers’ compensation in the amount of $50,000; (9) A floor plan designating the area of the sales display, storage for commercial purposes, along with a list documenting the name, weight, and quantity of the fireworks within the building, exits, extinguisher locations, sales counter and the material safety data sheets. The plan shall also include the following: a. minimum distance from public ways, buildings, other consumer fireworks retail sales facilities, fuel dispensing stations and other combustibles; b. vehicle access and parking areas; c. location and type of portable fire extinguishers; d. means of egress; (10) A statement that the retail structure is in compliance with National Fire Protection Association Standards 1124 (2003 edition). (d) An applicant for a permit shall pay to the city a refundable annual fee, per location, as established from time to time by the city council but not to exceed the statutory fee limits. The expiration date of such permit is as may be imposed, set, established and fixed by the city clerk, from time to time. (e) Following an inspection of the location where the consumer fireworks are to be sold, the city clerk shall issue a retailer permit if the conditions for permit approval are satisfied and the location of the property is zoned either commercial or industrial. (f) No retail permit shall be issued for any period of time in excess of one year, and any permit may be revoked by the city clerk when it shall appear that the permittee has violated any of the sections of this article or has engaged in activities contradictory to the best interest of the residents of the city. The permit issued shall be nontransferable either to a different person or location. Sec. 20-100. -Retail sales or storage. (a) The sale of consumer fireworks only shall occur within the approved permanent and temporary facilities defined in Chapter 7, National Fire Protection Association (NFPA) 1124 (2003 edition). Permanent buildings and structures include stores and consumer fireworks retail sales (CFRS) facilities. Temporary facilities include CFRS stands, tents, canopies, membrane structures. No fireworks may be sold at retail without a retail permit. The permit shall be posted at each location where the retail sale takes place, and a list of all consumer fireworks sold at the location shall be available upon request. (b) The requirements of Chapter 7 of NFPA 1124 will not apply to CFRS facilities or stores where the total quantity of consumer fireworks on hand does not exceed 125 lb (net) of pyrotechnic composition, or, in a building protected throughout with an approved automatic sprinkler system installed in accordance with NFPA 13, Standards for the installation of sprinkler systems, 250 lb (net) of pyrotechnic composition. Where the actual weight of the pyrotechnic composition of consumer fireworks is not known, 25 percent of the gross weight of the consumer fireworks, including the packaging, shall be permitted to be used to determine the weight of the pyrotechnic composition. (c) At all places where fireworks are stored, sold or displayed, the words "No Smoking" shall be posted in letters at least four inches in height at each entrance or within 10 ft of every aisle directly serving the retail area in a store. Smoking and/or any discharge of any object that could cause a spark or open flame is prohibited within 50 feet of any fireworks stock. (d) No fireworks shall be stored, kept, sold or discharged within 50 feet of any gasoline pump or gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only. (e) All fireworks permittees shall keep and maintain upon the premises a minimum of two portable extinguishers with a minimum rating of2A, at least one of which shall be of the 2 pressurized water type. Temporary consumer fireworks retail stands less than 200 ftshall be required to have only one portable fire extinguisher. (f) A sales clerk who is at least 18 years of age shall be on duty to serve consumers at the time of purchase or delivery. Every sales clerk shall distribute with each sale a one-page information sheet from the city containing firework safety guidelines. It shall be the responsibility and expense of the permittee to obtain a copy of the information sheet from the city and make the appropriate number of copies for distribution. All fireworks sold and shipped to consumers within the city shall be sold and shipped only by an individual, firm, partnership or corporation holding the proper permit. (g) All fuses must be covered. A consumer fireworks device shall be considered as having a covered fuse if the fireworks device is contained within a packaged arrangement, container, or wrapper that is arranged and configured such that the fuse of the fireworks device cannot be touched directly by a person handling the fireworks without the person having to puncture or tear the packaging or wrapper, unseal or break open a package or container, or otherwise damage or destroy the packaging material, wrapping, or container within which the fireworks are contained. Individual consumer fireworks items displayed for sale in temporary CFRS stands where the interior is not accessible to the public shall not be required to have covered fuses. (h)Aisles shall have a minimum clear width of 48 inches. The required width of aisles shall be maintained unobstructed at all times the facility is occupied by the public. In temporary CFRS stands where the interior is not accessible to the public, the minimum clear width shall be no less than 28 inches. (i) To provide for visual access of the retail sales area, partitions, counters, shelving, cases, and similar space dividers shall not exceed 6 ft in height above the floor surface. Merchandise on display or located on shelves or counters or other fixtures shall not be displayed to a height greater than 6 ft above the floor surface within the CFRS area. Where located along the perimeter of the consumer fireworks retail sales area, the maximum height of sales displays shall be limited to 12 ft. In temporary CFRS stands where the interior is not accessible to the public, the maximum height of sales display shall be limited to 8 ft. Sec. 20-101. -Exportation from city. Nothing in this article shallprohibit wholesalers, distributors, importers, specialty retailers, or manufacturers from storing, selling, shipping or otherwise transporting fireworks by the United States Department of Transportation to any person outside the city. Sec. 20-102. -Use and Possession. All use, display, or discharge of consumer fireworks is strictly prohibited in the area on, below, above, within, or in close proximity to the following: (1)Recreational areas, roadways, streets, highways, bicycle lanes, pedestrian paths, sidewalks, rights-of-way, lakes, rivers, waterways and all other property owned or leased by the city, the county, or the state and located in whole or in part within the city limits; (2)Private property within the city limits that has conspicuously posted written signs or notices that no fireworks discharge is allowed; (3)Within 300feet of any consumer fireworks retail sales facility or storage area; (4)Within, into or at a motor vehicle or from a motor vehicle; (5)At or near any persons or animals; (6)Any property, area or structure or material that, by its physical condition or the physical conditions in which it is set, would constitute a fire or personal safety hazard; and (7)Upon order of the fire marshal if dry conditions exist within the city limits. Sec. 20-103. Fireworks display permit. (a) A fireworks display may be conducted only by a fair association, amusement park or other public or private organization and only after a permit for the display has first been secured. The application for the permit shall be submitted to the city clerk at least 15 days in advance of the date of the display. The permit fee shall be set by the city council from time to time. (b)The application for a fireworks display permit under this section shall contain the following information: (1)The name of the organization sponsoring the fireworks display, including the name, address and phone number of a contact person representing that organization; (2)The name and certification number of the certified operator that will be supervising the display; (3)The date, time of day and exact location of the proposed display; (4)A diagram of the grounds where the display will be held. The diagram must show the point at which the fireworks are to be discharged; the location of all buildings, highways, streets, communication lines and other possible overhead obstructions; and the lines behind which the audience will be restrained; (5) The approximate number and types of fireworks to be discharged; (6)Proof of a bond or certificate of insurance in the amount of at least $1.000.000 dollars; (c)The application shall be promptly forwarded to the planning department and fire marshal for their review. (d)The permit shall be valid for the duration of the display event only and shall not be transferrable. (e)All indoor fireworks displays must receive a permit from the Minnesota State Fire Marshal Division. Sec. 20-104. -Criminal penalty. Any individual who or firm, partnership or corporation that violates any section of this article is guilty of a misdemeanor and, upon conviction, shall be punished in accordance withsection 1- 15. Sec. 20-105. -Civil penalty; additional remedies. (a)If an individual, firm, corporation or partnership is found guilty of violating any of the sections of this article, that entity's permit shall be revoked or suspended by the city clerk. (b)No individual, firm, corporation or partnership shall possess any fireworks for sale within the city, other than those authorized in this article. The fire marshal, law enforcement officer, code enforcement officer, deputies or designees may at reasonable hours enter and inspect the permittee's premises, building or permanent structure to determine compliance with this article. If any retailer has in his possession any fireworks in violation of this article, his permit shall be revoked and all such fireworks seized, and the fireworks in violation of this article shall be kept to be used as evidence. If any person has in his possession any fireworks in violation of this article, a warrant may be issued for the seizure of fireworks, and the fireworks shall be safely kept to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender is discharged, the consumer fireworks shall be returned to the person in whose possession they were found; provided, however, that nothing in this article applies to the transportation of fireworks by regulated carriers. (c)Nothing in this article shall apply to or prohibit any employees of the state department of natural resources or the United States Fish and Wildlife Service from possessing fireworks for control of game birds and animals; to prohibit any law enforcement officer from possessing fireworks in the performance of his duties; or to prohibit any organization from sponsoring and conducting, in connection with any public celebration, an officially supervised and controlled fireworks display. The Maplewood City Council approved this ordinance on October 12, 2015.