HomeMy WebLinkAbout5683-01.17.2023Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5683
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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS
FOLLOWS:
Section 1. That Section 13, Fireworks, Chapter 2, General Offenses, Title 5, Police Regulations is
hereby repealed and a new Section 13, Fireworks, Chapter 2, General Offenses, Title 5, Police Regulations
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 4 of each year between the hours of
twelve o'clock (12:00) noon and eleven o'clock (11:00) P.M. Any additional days of allowed use
may be designated by resolution of council if adopted between the dates of January 1 and March
1 of each year to apply the same calendar year. 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 one hundred fifty
(150) decibels or to two hundred ten feet (210') 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 provided in
subsection D below.
3. Consistent with the Code of Iowa, use of fireworks within the corporate limits of the City
of Waterloo, when such occurs on July 4, shall only occur on the user's owned real property, or
on real property where the owner has given consent prior to use. Use of fireworks, unless a
permit has been obtained, is not allowed on city -owned property, public sidewalks, rights of way,
streets, parks, or parking lots.
4. It shall be prohibited to direct the use of consumer fireworks in any direction other than
onto the user's owned real property or the real property where the owner has given prior consent.
Ordinance No. 5683
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5. All consumer firework debris shall be removed from the user's real property or wherever
such use has resulted in its debris being located.
C. Exceptions: This section shall not apply to 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, or 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. Enforcement:
1. Citations for violations of this section 5-2-13 shall be directed to the person
observed/found to have committed the violation or the owner of real property on which the
evidence of violation exists. Furthermore, where evidence of violation of noise or nuisance
ordinances exists, such citations may also be written.
2. The vendors of fireworks shall be monitored during sales periods as to type of consumer
fireworks sold and for compliance with subsection 5-2-13(F).
E. 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.
F. Sales: 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 this
section.
G. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not
less than two hundred fifty dollars ($250.00).
Section 2. This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
INTRODUCED: January 17, 2023
PASSED 1st CONSIDERATION: January 17, 2023
PASSED 2nd CONSIDERATION: January 17, 2023
PASSED 3rd CONSIDERATION: January 17, 2023
PASSED AND ADOPTED this 17th day of January 2023.
Ordinance No. 5683
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Ray Feuss, Mayor Pro Tem
ATTEST:
Kelley Felchle, City Clerk
SEAL