§ 41.13 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.