HomeMy WebLinkAbout10.c. Fireworks Ordinance - First ReadingCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 17, 2003
AGENDA: FIREWORKS ORDINANCE
AGENDA SECTION:
NEW BUSINESS
PREPARED BY: GEORGE A. LUNDY, FIRE MARSHAL
AGENDA NO: o
ATTACHMENTS: ORDINANCE XVIII.13
APPROVED BY: UP--
The 2001 Minnesota State Legislature passed legislation allowing the sale and use of certain types of fireworks
in the State of Minnesota. This ordinance would allow fireworks in the City of Rosemount. However, by
adopting this ordinance, it will allow the Fire Department to control the areas of sale and use. Due to the
inherent risk of fire and injury to persons and property associated with the sale and storage of fireworks, the
Rosemount Fire Department and the Fire Prevention Bureau is recommending adoption of the attached
Ordinance.
This ordinance has been reviewed and approved by the Rosemount City Attorney, Charlie LeFevere.
RECOMMENDED ACTION: First reading. No action necessary. Consideration of the ordinance will be
made following the second reading at a subsequent meeting.
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
ORDINANCE XVIII.13
AN ORDINANCE CONCERNING SALE, POSSESSION AND USE OF
FIREWORKS
AMENDING ROSEMOUNT CITY CODE
TITLE 6: FIRE PREVENTION AND PROTECTION
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS
FOLLOWS:
Section 1 . Rosemount City Code Section 6 -4 -1 through 6 -4 -5 will be amended with the addition of
the following articles:
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 Definition. For purposes of this section, "consumer fireworks" are
defined as:
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 200 grams or
less for multiple tubes, snakes, and glow works, smoke devices, or trick
noisemakers which include paper streamers, party poppers, string poppers,
snappers, and drop pops, each consisting of not more than twenty -five
hundredths grains of explosive mixture.
6 -4 -3 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. Provisions of State Law Adopted. The sale, use and possession of all
fireworks in violation of Minn. Stat. § §624.20 through 624.25 inclusive,
which are adopted herein by reference, is prohibited.
C. 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
ORDINANCE XVIII.13
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.
D. 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 can only be sold/stored in buildings equipped
with an approved automatic fire protection system.
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.
9. Consumer fireworks shall not be used on public property.
10. Consumer fireworks shall not be sold or used within 500 feet of
any service station, or convenience store.
11. Consumer Fireworks shall not be used indoors.
6 -4 -4 License Fee. The license fee for the sale of fireworks shall be $100.00
and can be amended in the future by resolution approved by the City
Council.
6 -4 -5 License Denial, Suspension and Revocation.
A consumer fireworks license may be denied, suspended, or revoked in
accordance with section 6 -1 -2 of the Rosemount City Code.
Section 2 . This Ordinance shall be effective immediately upon its passage and publication.
ADOPTED by the City Council of the City of Rosemount, Minnesota the day of
, 2003.
William H. Droste, Mayor
ATTEST:
Linda Jentink, City Clerk
Published in the Rosemount Town Pages this day of , 2003.
2
�t
CITY OF ROSEMOUNT
SUPPLEMENTAL AGENDA MEMO
APRIL 16, 2003
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 17, 2003
AGENDA: FIREWORKS ORDINANCE
AGENDA SECTION:
NEW BUSINESS
PREPARED BY: JAMIE VERBRUGGE, CITY ADMINISTRATOR
AGENDA Me
C
NO:
ATTACHMENTS: MAP OF GAS STATIONS WITH 500' BUFFER
APPROVED BY:
Staff has notified the NDC Chambers of Commerce that an ordinance restricting the sale of fireworks will have
its first reading at the City Council on April 17. The Chamber will likely send out an informational fax to
Rosemount members. At this time, I do not have an idea how much interest there will be from the business
community in this ordinance.
A number of cities have enacted licensing requirements and fees. Additionally, the ordinance would restrict the
sale or use of fireworks within 500' of a service station or convenience store. The intent of this provision is to
limit the opportunity for the lighting of fireworks in close proximity to flammable materials that may be present.
Attached is a map that demonstrates the 500' buffer around service stations and convenience stores. As is
evident on the map, a good number of properties would be prohibited from the sale or use of fireworks. Staff
will do additional research prior to the meeting regarding which of these are retail operations, or within a zoning
district that permits retail use.
Should you have any questions, please do not hesitate to contact me.
RECOMMENDED ACTION: First reading. No action necessary. Second reading to be scheduled.
COUNCIL ACTION:
� /' ..;