HomeMy WebLinkAbout5594-04.19.2021 (FAILED) Prepared by Kelley Felchle, Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703,
(319) 291-4323.
ORDINANCE NO. 5594
AN ORDINANCE AMENDING THE CITY OF WATERLOO
CODE OF ORDINANCES BY REPEALING SECTION 13,
FIREWORKS, OF CHAPTER 2, GENERAL OFFENSES, TITLE
5, POLICE REGULATIONS, AND ENACTING IN LIEU
THEREOF A NEW SECTION 13, FIREWORKS, OF CHAPTER
2, GENERAL OFFENSES, TITLE 5, POLICE REGULATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
Section 1. That Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police
Regulations, of the City of Waterloo Code of Ordinances is hereby repealed and a new Section 13,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 Regulations, is enacted in lieu thereof as
follows: � ��/ j
5-2-13: FIREWORKS:
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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. 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 thel r 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 f fireworks,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 Lork 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
Ordinance No. 5594
Page 2
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($375.00).
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 to have
violated 5-2-13 or the owner of personal real property on which the evidence exists of
violation of 5-2-13. Furthermore,where evidence of violation of th Noise Control Ordinance
or Nuisance Property exists, such citations shall be written. All citations are subject to a
minimum$375 fine. %/n/a/.
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
INTRODUCED: April 19, 2021
FAILED April 19, 2021 /
Quentin Hart, Mayor
ATTEST:
LeAnn M. Even MC, IaC�
Deputy City Clerio,�
ER`O'.
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