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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: � /' ..;