HomeMy WebLinkAboutOrdinance No. 5568 *** Proof of Publication
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100 East 4th Street, Waterloo, Iowa 50703
Black Hawk County
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Waterloo, City of - Legals
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 186680
�a
Signed
Subscribed and sworn to before me thi&.A day of _(�O(to, 20c—
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Notary Seal: *209 Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 08/27/2020
TOTAL AD COST: 69.41
FILED ON: 8/28/2020
*** Proof of Publication ***
ORDINANCE NO.5568
AN ORDINANCE AMENDING THE CITY
OF WATERLOO CODE OF ORDINAN-
CES BY REPEALING SECTION 13,
FIREWORKS,OF CHAPTER 2,GENER-
AL OFFENSES, TITLE 5, POLICE
REGULATIONS. AND ENACTING IN
LIEU THEREOF A NEW SECTION 13,
FIREWORKS,OF CHAPTER 2.GENER-
AL OFFENSES, TITLE 5, POLICE
REGULATIONS.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WATER-
LOO, IOWA AS FOLLOWS: Section 1.
That Section 13,Fireworks,of Chapter 2,
General Offenses,Title 5,Police Regula-
tions, of the City of Waterloo Code of
Ordinances Is hereby repealed and a new
Section 13, Fireworks, of Chapter 2,
General Offenses,Title 5,Police Regula-
tions,is enacted in lieu thereof as follows:
5-2-13:FIREWORKS
A. Definition: The sale and 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:
1. It shall be unlawful for any person to
use or explode any consumer fireworks
within the corporate limits of the City of
Waterloo except on July 3, 4, and 5 of
each year between the hours of twelve
o'clock (12:00)noon and eleven o'clock
(11:00)P.M.on July 4 and between the
hours of twelve o'clock(12:00)noon and
ten o'clock (10:00) P.M. on July 3 and
July 5. This section shall not apply to
novelty fireworks as defined by Iowa
Code section 727.2.
2, The use of consumer fireworks that
mimic display fireworks or rise to 150
decibels or to 210 feet elevation is
banned from use at all times within the
corporate limits of the City of Waterloo
unless the user has obtained a permit as
outlined in the Code of Iowa.
3.Consistent with the Code of Iowa,use
of fireworks within the corporate limits of
the City of Waterloo,when such occurs
on July 3,4,and 5,shall only occur on
the user's personal real property.Use of
tireworks, unless a permit has been
obtained, is not allowed on city owned
property,public sidewalks,rights of way,
streets,parks,or parking lots.Use is not
allowed on personal real property if that
personal real property is not owned by the
user of fireworks unless the owner has
given consent prior to use.
4.It shall be prohibited to direct the use of
consumer fireworks in any direction other
than onto the user's personal real
property or the real property where the
owner has given prior consent.
5.All consumer firework debris shall be
removed from the user's personal real
property or wherever such use has
resulted in its debris being located.
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 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 fireworks is
prohibited within the corporate limits of
the City of Waterloo except as authorized
by Section 5-2-13-B.
F.Violation:A violation of this section is a
simple misdemeanor punishable by a fine
of not less than three hundred seventy
five dollars(5375.00).
G.Enforcement:
1. During the annual periods in which
fireworks sales are allowed, this section
13 shall be enforced by police officers,
who shall have authority to document
violations and issue citations. and said
officers shall also respond to related
nuisance calls.
2. Citations for violations of 5-2-13 shall
be directed to the person observed/found
*** Proof of Publication ***
to nave viorareo o-z-ts or me owner or
personal real progeny on which the
evidence exists o violation of 5-2-13.
Funhetmore,where evidence of violation
of the Noise Control Ordinance or
Nuisance Property exists, such citations
shall be written. All such citations are
subject to a minimum$375 fine.
3. The vendors of fireworks shall be
monitored during sales periods as to type
of consumer fireworks sold and to posting
the mandated"Prohibitions on Use".
H.Appeal:All persons receiving citations
according to 5-2-13 shall have Right of
Appeal to the City Council of Waterloo
PASSED AND ADOPTED,this 17th day
of August 2020
Quentin Han,Mayor
ATTEST:Kelley relchle,City Clerk