§ 41.15 Fireworks

The sale, use and exploding of fireworks within the City are subject to the following:

1. Definition. The term “fireworks” includes any explosive composition, or combination of explosive substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and specifically includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or other device containing any explosive substance.

(Code of Iowa, Sec. 727.2)

2. Regulations. It is unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided the City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:

A. Personal Injury: $250,000 per person.

B. Property Damage: $50,000

C. Total Exposure: $1,000,000

(Code of Iowa, Sec. 727.2)

3. Exceptions.

A. This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they are to be shipped out of State; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization.

B. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.

C. Sale of consumer fireworks

1. It shall be unlawful for a person to offer for sale, expose for sale, or sell at a retail consumer fireworks, unless a person is a retailer or community group as defined in Iowa Code Chapter 100 and possesses and complies with all requirements of a consumer fireworks seller license issued by the state fire marshal. Consumer fireworks may only be sold during the dates and times as allowed under Iowa Code Chapter 100 and in zoning districts permitted by the Tiffin Zoning Ordinance.

2. It shall be unlawful for a person to sell consumer fireworks to a person less than 18 years of age and it shall be unlawful for a person who is less than 18 years of age to purchase consumer fireworks.

3. The following information must be stated in an easily readable type size and prominently posted at the place of payment at each location selling consumer fireworks:

a. The restriction on use of consumer fireworks described in Section 41.13

(3) of the Tiffin Code of Ordinances; and

b. A statement that a violation of Section 41.13 (3) of the Tiffin Code of Ordinances constitutes a simple misdemeanor, punishable by a fine of $625.00.

D. Violations

a. Any person who fails to perform an act required by the provisions of Section 41.13 (3) (C), or who commits an act prohibited by the provisions of Section 41.13 (3) (C), shall be guilty of a simple misdemeanor, or shall be guilty of a municipal infraction, subject to the simple misdemeanor minimum fines below in subsection 2.

b. A person who sells consumer fireworks to a person who is less than 18 years of age commits a simple misdemeanor, punishable by a fine of not less than $250.00. A person who is less than 18 years of age who purchases consumer fireworks commits a simple misdemeanor, punishable by a fine of not less than $250.00.

The sale, use and exploding of fireworks within the City are subject to the following:

1. Definition. The term “fireworks” includes any explosive composition, or combination of explosive substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and specifically includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or other device containing any explosive substance.

(Code of Iowa, Sec. 727.2)

2. Display Fireworks. It is unlawful for any person to use or explode any display fireworks; provided, the Council may, upon application in writing, grant a permit for the display of display fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals approved by the City when the display fireworks will be handled by a competent operator, but no such permit shall be required for the display of display fireworks at the State Fairgrounds by the State Fair Board, at incorporated county fairs, or at district fairs receiving State aid. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:

A. Personal Injury: .......................... $2,000,000 per person.

B. Property Damage: ...................... $2,000,000

C. Total Exposure: .......................... $4,000,000

(Code of Iowa, Sec. 727.2)

3. Exceptions.

A. This section does not prohibit the sale by a resident, dealer, manufacturer, or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they are to be shipped out of State; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization.

B. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.

C. Sale of Consumer Fireworks.

(1) It shall be unlawful for a person to offer for sale, expose for sale, or sell at a retail consumer fireworks, unless a person is a retailer or community group as defined in Chapter 100 of the Code of Iowa and possesses and complies with all requirements of a consumer fireworks seller license issued by the State Fire Marshal. Consumer fireworks may only be sold during the dates and times as allowed under Chapter 100 of the Code of Iowa and in zoning districts permitted by the Zoning Code.

(2) It shall be unlawful for a person to sell consumer fireworks to a person less than 18 years of age and it shall be unlawful for a person who is less than 18 years of age to purchase consumer fireworks.

(3) The following information must be stated in an easily readable type size and prominently posted at the place of payment at each location selling consumer fireworks:

c. The restriction on use of consumer fireworks described in Section 41.15(3) of this Code; and

d. A statement that a violation of Section 41.15(3) of this Code constitutes a simple misdemeanor, punishable by a fine of $625.00.

D. Consumer Fireworks.

(1) It is unlawful for any person to use or explode consumer fireworks on days other than June 1 through July 8 and December 10 through January 3 of each year, all dates inclusive:

(2) It is unlawful for any person to use or explode consumer fireworks at times other than between the hours of 9:00 a.m. and 10:00 p.m., except that on the following dates consumer fireworks shall not be used at times other than between the hours specified:

(a) Between the hours of 9:00 a.m. and 11:00 p.m. on July 4 and the Saturdays and Sundays immediately preceding and following July 4.

(b) Between the hours of 9:00 a.m. on December 31 and 12:30 a.m. on the immediately following day.

(c) Between the hours of 9:00 a.m. and 11:00 p.m. on the Saturdays and Sundays immediately preceding and following December 31.

E. It is unlawful for any person to use consumer fireworks on real property other than that person’s real property or on the real property of a person who has consented to the use of consumer fireworks on that property.

(1) Consumer fireworks may only be used or exploded on private property which is owned by the person using the consumer fireworks or with the consent of the owner of such private property.

(2) Persons using or exploding the consumer fireworks must be 18 years of age or older.

(3) Persons using or exploding consumer fireworks are prohibited from being under the influence of alcohol or other drug or a combination of such substances, while having a blood alcohol concentration of .08 or more or while having any amount of a controlled substance in such person’s body.

(4) Any use or explosion of consumer fireworks must be more than 200 yards from a hospital, hospice, assisted living residential facility, nursing home, or retirement home.

(5) No use or explosion of consumer fireworks is allowed in parks, cemeteries, and right-of-way, including sidewalks and streets.

F. Violations.

(1) Any person who fails to perform an act required by the provisions of Section 41.15(3)(C) or (D), or who commits an act prohibited by the provisions of Section 41.15(3)(C) or (D), shall be guilty of a simple misdemeanor, or shall be guilty of a municipal infraction, subject to the simple misdemeanor minimum fines below in Subsections 2 and 3.

(2) A person who sells consumer fireworks to a person who is less than 18 years of age commits a simple misdemeanor, punishable by a fine of not less than $250.00. A person who is less than 18 years of age who purchases consumer fireworks commits a simple misdemeanor, punishable by a fine of not less than $250.00.

(3) A person who uses or explodes consumer fireworks in violation of Section 41.15(3)(D) commits a simple misdemeanor, punishable by a fine of $625.00.