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HomeMy WebLinkAbout5485 - 2/18/2019Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5485 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 13, FIREWORKS, OF CHAPTER 2, GENERAL OFFENSES, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: 5-2-13: FIREWORKS: A. Definition: The sale arid use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions and Use: It shall be unlawful for any person to use or explode any consumer fireworks or display fireworks within the corporate limits of the City of Waterloo except on July 3, 4, and 5 of each year between the hours of noon and 11 p.m. on July 4 and between the hours of noon and 10 p.m. on July 3 and July 5. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, for signal purposes in athletic sports or by railroads or trucks, for other signal purposes, by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit. Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this Code. E. Sales: It shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance No. 5079, as amended. A seller of consumer fireworks must possess a license from the state fire marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this Code, or is otherwise authorized by this Code. F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than three hundred seventy-five dollars ($375). G. Enforcement and Compensation: During the annual period in which fireworks sales are allowed, this section may be enforced by police officers, who shall have authority to document violations and issue citations, and said officers may also respond to related nuisance calls. INTRODUCED: February 04, 2019 PASSED 1st CONSIDERATION: February 04, 2019 PASSED 2nd CONSIDERATION: February 11, 2019 PASSED 3rd CONSIDERATION: February 18, 2019 Ordinance No. 5485 Page 2 PASSED AND ADOPTED this 18th day of February 2019. -;1: