HomeMy WebLinkAbout8.b Amendment to City Code, Title 6: Fire Prevention relating to FireworksCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: July 6, 2004
ISSUE
Last year the State changed laws relating to the sale of fireworks. Staff has been working on
an ordinance that permits local regulation of fireworks sales. The attached draft has a
licensing provision as directed by the City Council at a recent workshop meeting.
The first reading of the ordinance was June 15, 2004. There have not been any changes to
the ordinance since the first reading. -
SUMMARY
Presently the City Code does not regulate the sale of fireworks. The draft addresses the sale
and storage of fireworks and requires a license with a set list of conditions. An amendment to
the fee resolution will also be necessary to clarify the charge for the license. This item was
drafted by the City Attorney's office and has been reviewed by the City's Fire Marshall.
AGENDA ITEM:
Amendment to City. Code, Title 6: Fire
Prevention and Protection relating to
AGENDA SECTION:
°G �
Fireworks
Sus i�ESS
PREPARED BY:
Kim Lindquist, Community Development
AG O_
Director
ATTACHMENTS:
Draft ordinance
APPROVED BY:
RECOMMENDED
ACTION: Motion to Adopt the draft ordinance amending the City Code
Title 6: Fire Prevention and Protection relating to Fireworks.
ACTION:
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE CONCERNING THE SALE,
POSSESSION AND USE OF FIREWORKS ADDING
A NEW CHAPTER TO ROSEMOUNT CITY CODE
TITLE 6: FIRE PREVENTION AND PROTECTION
THE COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS:
Section 1. Rosemount City Code, Title 6 is amended by adding the following new Chapter 4:
6-4 -1: PURPOSE: Due to the inherent risks of fire and injury to persons and
property associated with the sale, possession and use of fireworks, the city council has
determined that it is necessary and in the interest of public health, safety and welfare to
establish reasonable regulations concerning fireworks.
6-4 -2: ADOPTION OF STATE LAW: It is unlawful to sell, use or possess
fireworks in violation of Minn. Stat. §§ 624.20 through 624.25, inclusive, which are
adopted by reference.
6-4 -3: DEFINITION: For purposes of this Chapter, "consumer fireworks"
means wire or wood sparklers of not more than 100 grams of mixture per item, other
sparkling items that are nonexplosive and nonaerial and contain 75 grams or less of
chemical mixture per tube or a total of 200 grams or less for multiple tunes, snakes and
glow worms, smoke devices, or trick noisemakers, which include party streamers, party
poppers, string poppers, snappers, and drop pops, each consisting of not more than
twenty -five hundredths grains of explosive mixture.
6-4-4: LICENSE PROVISIONS:
A. Sale of Fireworks: It is unlawful for any person to sell, offer for sale, expose for
sale, or sell at retail or wholesale any consumer fireworks in the City of Rosemount
without a license.
B. License Application: The applicant shall completely fill out and submit an
application form for a consumer fireworks license prepared by the Rosemount Fire
Department, Fire Prevention Bureau. Information to be submitted as part of the license
application includes, but is not necessarily limited to the following information: name,
address and telephone number of the applicant; address of location where the fireworks
will be sold; a description of the fireworks to be sold; estimated quantity of the fireworks
that will be stored on the premises; description of the premises and facility from which
the fireworks are proposed to be sold; approval of the property owner, if different from
the applicant. Prior to the issuance of a license, the premises must be inspected and
approved by the City fire code official.
C. Conditions of License: A license to sell consumer fireworks shall be issued
subject to the following conditions:
1. The license is non - transferable, either to a different person or location.
2. The license must be publicly displayed on the licensed premises.
3. The premises are subject to inspection by City Fire and police officers
during normal business hours.
4. The premises for which a license will be issued must be located in a
zoning district permitting retail sales.
5. Consumer fireworks shall only be stored in or sold from buildings or retail
stands that comply with National Fire Protection Association Standard
1124 (2003 edition) as required under Minn. Stat. § 624.20(d) (2).
6. Storage of consumer fireworks on the premises must be in compliance
with the International Fire Code.
7. The premises must be in compliance with the Minnesota International Fire
Code, Minnesota International Building Code, and the Rosemount Fire
Code.
8. Consumer fireworks shall not be sold to persons under the age of 18.
D. License Fee: The license fee for the sale of consumer fireworks shall be set by
council resolution.
E. License Suspension and Revocation: Following written notice and an opportunity
for a hearing, the City Council may suspend or revoke a license for violation of this
Chapter or state law concerning the sale, use or possession of fireworks. If a license is
revoked, neither the applicant nor the licensed premises may obtain a license for three
years.
6-4 -5: PROHIBITIONS ON USE:
A. Consumer fireworks shall not be used on public property.
B. Consumer fireworks shall not be used indoors.
Section 2. This Ordinance shall be effective immediately upon its passage and publication.
Adopted by the City Council of the City of Rosemount, Minnesota this day of
, 2004.
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William Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Published this day of , 2004 in the Rosemount Town Pages.
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