ORDINANCE NO. 146
AN ORDINANCE RELATING TO CONSUMER FIREWORKS PERMITTED WITHIN THE AVON CITY LIMITS
PERMITTED FIREWORKS:
Subd. 1 Definitions
A. “Fireworks” – For the purposes of this section, “fireworks” will have the same definition as contained in Minnesota Statute Section 624.20 Subd. 1 ( c ) or any superceding statute.
Subd. 2 Permit Required. No person shall sell or possess for sale fireworks without first having obtained an annual permit from the City.
A. The designated Fire Official shall give final approval or denial of an application for the manufacture, storage for commercial purposes or sale of fireworks within 30 days of such application being made to the City.
B. Permits shall be issued for the calendar year applied for and shall be issued on May 1st.
C. Prior to processing the application, a criminal records check may be conducted. Neither the applicant nor the responsible party for the permit shall have been convicted of a felony or a fire or fireworks-related misdemeanor within the last three (3) years.
D. Prior to processing the application, the designated Fire Official shall determine that the proposed location is code compliant.
E. The application shall include a letter from the person legally responsible for the property on which the fireworks related activity would occur. Such letter shall grant permission to the applicant for the use of said property.
Subd. 3 Sales and Storage of Fireworks.
A. No person shall sell or store fireworks within 100 feet of any fuel dispensing apparatus. Fireworks sales and display shall not be permitted within malls, within buildings where alcohol is sold and within assembly areas such as halls, theatres, churches or schools. The designated Fire Official shall determine compliance.
B. It shall be unlawful for any seller of any fireworks to permit smoking at any site containing fireworks. “No Smoking” signs must be conspicuously posted and approved fire extinguishers must be available for use.
C. In buildings that do not have an approved automated sprinkling system, retail sales displays of fireworks shall be limited to a gross weight of 400 pounds of fireworks and packaging. In buildings that do contain an approved automated sprinkling system, the amount of fireworks contained in retail sales displays shall be a maximum of 1000 gross pounds of fireworks and packaging.
D. The requirements of this ordinance are in addition to any requirements imposed by any building and zoning regulations, fire codes or state law.
E. Only persons 18 years of age or older may purchase fireworks and the age of the purchaser must be verified by photographic identification.
F. Exterior storage, display, sales or transient sales of fireworks are permitted subject to a site plan review. Site plans shall be submitted for review and approval a minimum of 30 (30) days before display. A distance of 100’ shall be provided from the exterior display to adjacent buildings, combustibles or flammable liquids. No manufacturing, sales or storage for commercial purposes shall occur on residentially zoned property or properties used for educational purposes or assemblies.
G. A list of all consumer fireworks displayed and stored on the property shall be available at all times. The list shall document the name, weight and quantity of the fireworks and be accompanied by the material safety date sheets.
H. Manufacturing, warehouse buildings, or display in excess of the quantities listed in ( C ) for retail consumer fireworks shall be classified as an H occupancy as defined in the Building Code and protected as such – similar to explosives and aerosols and in accordance with Explosives Article 77 of the Fire Code.
I. A handout describing fireworks shall be provided to each consumer purchasing fireworks.
Subd. 4 Use and Possession.
A. It is unlawful to use, fire or discharge any fireworks along the route of and during any parade, in any place of public assembly, on any public property or in any commercial/industrial zoning district.
B. It is unlawful at any time to throw, toss or aim any fireworks at any person, animal, vehicle or other thing or object or used in any manner that may threaten or cause possible harm to life or property.
C. The discharge of fireworks shall be prohibited inside a building and within fifteen (15) feet of any building.
D. The Fire Official may ban fireworks if dry or windy conditions occur.
E. Juveniles may not possess fireworks unless under the direct supervision of a responsible adult.
F. Fireworks may not be discharge in such a manner that may create a nuisance nor between the hours of 12:00 a.m. to 7 a.m. Fireworks use shall also be subject to any additional ordinances such a noise and/or assembly.
Subd. 5 Penalties
A. Materials that violate and/or pose a threat to public safety may be confiscated and destroyed. Costs associated with disposal shall be assessed back to the property owner or permit holder.
B. Violations of this regulation, city ordinance or state statute may result in revocation of the permit.
C. Violations of these fire rules are misdemeanor offenses punishable by fines up to $1000 and/or 90 days in jail.
This Ordinance passed by vote of the Avon City Council this 2nd day of June, 2003
(SEAL)
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Margaret Evens, Mayor
Attest:
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Jodi Austing-Traut, City Clerk/Administrator