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HomeMy WebLinkAbout2017-401-5/22/2017 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2017-401 RESOLUTION AFFIRMING THE SALE OF AND LIMITING THE USE OF FIREWORKS IN THE CITY OF WATERLOO, IOWA DURING THE PERIOD OF JUNE 30, 2017 TO JULY 4, 2017. WHEREAS,the State of Iowa passed and the Governor of Iowa signed Senate File 489 into law on May 9, 2017 permitting the sale and use of consumer fireworks defined pursuant to §100.19(1)(c) and §100.19(1)(e), and WHEREAS,the law took immediate effect and allows persons 18 years of age and older and firms, partnerships, and corporations to possess, use, and explode consumer fireworks on private property on certain dates, at certain times, and within certain time limitations, and WHEREAS, §364.2(6) authorizes a City Council to prohibit or limit the use of fireworks by resolution or ordinance, and WHEREAS, the City Council wishes to limit the use and explosion of consumer fireworks within the city limits of the City of Waterloo between and including the dates of June 30, 2017 through July 4, 2017, and WHEREAS, the City of Waterloo reserves the right to impose prohibitions and restrictions at a later date if the City Council deems it necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1: Sale of Fireworks Allowed: The City Council of the City of Waterloo hereby affirms state law allowing the sale of consumer fireworks. Section 2: Sale of Fireworks Restricted to Certain Locations: The sale of fireworks shall be restricted to locations zoned as follows: C-1 Neighborhood Commercial District, C-2 Commercial District, C-P Planned Commercial District, C-3 Central Business District, M-1 Light Industrial District, M-2 Heavy Industrial District, M-2,P Planned Industrial District' B-P Business Park District, and S-1 Shopping Center Commercial District. Approval of sales locations and parking accommodations for such locations shall be approved by the Community Planning and Zoning Department. Section 3: Use and Explosion of Fireworks Restricted: Use and explosion of consumer fireworks shall be restricted to days between and including June 30, 2017 through July 4, 2017 between the hours of 9:00 a.m. and 10:00 p.m., except as modified by §727.2(4)(b)(1). Section 4: Location of the Use and Explosion of Fireworks: The City Council of the City of Waterloo hereby affirms state law allowing the use and explosion of consumer fireworks as defined by §727.2(4)(c), which restricts the use and explosion of fireworks to the user's real property or on the real property of a person who has consented to the use of consumer fireworks and novelties on that property. Section 5: Variance to Noise Ordinance: A variance to Ordinance No. 3094,Noise Ordinance, is hereby granted for days between and including June 30, 2017 through July 4, 2017 between the hours of 9:00 a.m. and 10:00 p.m., except as modified by §727.2(4)(b)(1), for the Resolution No. 2017-401 Page 2 use of consumer fireworks on the user's real property or on the real property of a person who has consented to the use of consumer fireworks on that property. PASSED AND ADOPTED this 22°d day of May 2017. &A. JL /YJ Quentin Hart, Mayor ATTEST: Kelley F le City Cle