04/10/2012 Ordinances 9377O�dinance No. 9377 was not approved by the City.Council at their April 10, 2012
City CounciZ meeting as thep wanted ffiore study of this issue and then-:brought forward
to a future meeting�.
ORDINANCE NO. 9377
WHEREAS, the Grand Island City Council finds it necessary to amend Grand Island
City Code Chapter 16, Article II, its laws regulating f reworks, to reflect existing community
standards,
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
I. That Grand Island City Code Chapter 16, Article II be amended to read as follows:
Article II. Fireworks
§16-12. Generally
It shall be unlawful for any person to possess, sell, offer for sale, bring into this City, or discharge any
pyrotechnics, commonly known as freworks other than permissible fireworks; provided, that the provisions of this section
shall not apply to:
(1) Any fireworks for purposes of public exhibitions or displays purchased from a licensed distributor or the
holder of a display license to be issued by the State Fire Marshal, which license shall be good only for the calendar
year in which issued and which shall not authorize the holder to sell or hold for sale any permissible fireworks as
defined in § 16-20 or any firecrackers of any description, whether soft shell or hard shell;
(2) Any public exhibition or display under the auspices of the City of Grand Island;
(3) Any fireworks brought into this state for storage by a licensed distributor and held for sale outside of this
State;
(4) Any fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire
Marshal to any holder of a distributor's license; or
(5) Toy cap pistols or toy caps each of which does not contain more than twenty-five hundredths of a grain of
explosive material.
§16-13. Permit to Sell Fireworks
It shall be unlawful for any person to sell or offer for sale permissible fireworks in the City without first having
made application to the Fire Administration Offce (City Hall) for a permit and receiving a permit to do so from the Life
Safety Division. Beginning in 2013, such permits shall require that applicants disclose any location within the geographic
boundaries of the City where they are storing fireworks for sale. Beginning in 2013 such permits shall require applicants
to offer proof of a valid liability insurance policy of at least one million dollars ($1,000,000.00) naming the City as an
additional insured party. This policy must be in full force and effect for the entire period of lawful fireworks sales as set
forth in §16-15. Such permits shall be in accordance with the City of Grand Island Fee Schedule and shall be valid for the
calendar year in which issued, and shall at all times be displayed at the place of business of the holder thereof. Such
permits shall not be transferable.
Amended by Ord. No. 8895, effective 5-12-2004
§16-14. Repealed by Ordinance No. 8895
§16-15. Dates of Lawful Sale
Permissible fireworks may be sold or offered for sale in the City of Grand Island on June 2'7 through and
including July 4 of each year. Beginning in 2013, permissible fireworks may be sold or offered for sale in the City of
Grand Island on June 28 through and including July 4 and June 29 through and including July 4 of each year thereafter.
§16-16. Temporary Fireworks Stands
__, Any person having obtained a permit to sell permissible fireworks may sell or offer for sale such fireworks only
from a temporary stand or enclosure erected or placed on real estate for that purpose. No firework� shall be sold from
permanent buildings or structures in the City. If fireworks are to be sold from a temporary stand or enclosure, such stand
or enclosure shall be of wood or steel frame construction covered with metal or wood. Any temporary enclosure or stand
shall be permitted only in those areas of the City zoned for business or manufacturing, and only after a permit is obtained
Approved as to Form .
April 10, 2012 R Cit� Att ey
ORDINANCE NO. 9377 (Cont.)
from the Life Safety Division for the erection or placement of such temparary enclosures or stands. Such temporary
enclosures or stands shall be permitted to remain on real estate where permissible fireworks are sold for only the period
beginning on June 22 through and including July 9 of each year. Any such temporary stand or enclosure shall not be
located closer than twenty-five feet from any building, and at least one hundred feet from any station where gasoline and
oil for motor vehicles is sold. Such temporary stand or enclosure shall not exceed fve hundred square feet in size.
Beginning in 2013 the total number of fireworks stands permitted in the City will not exceed forty (40). Permits to operate
stands will be issued to qualified applicants on a first come — first served basis.
Amended by Ord. No. 8895, effective 5-12-2004
§16-16.1. Signage Required
Smoking shall not be permitted inside or within 50 feet of the temporary fireworks stand or sales area. At least
one sign that reads as follows, in letters at least 2 inches in height on a contrasting background, shall be conspicuously
posted on the exterior of each side of the fireworks stand:
NO SMOKING OR
DISCHARGE OF FIREWORKS
ON THE PREMISES
In addition to the "no smoking" sign, at least one sign, 2 foot by 3 foot in size, on a contrasting background, shall be
posted on the exterior of the fireworks stand that reads as follows:
THE GRAND ISLAND CITY CODE ALLOWS
FIREWORKS TO BE DISCHARGED ONLY ON THE
FOLLOWING DATES AND TIMES:
June 27 through July 3— 8:00 a.m. to 11:00 p.m.
July 4— 8:00 a.m. to midnight
Beginning in 2013 and each year thereafter the language of the sign listed immediately above shall be altered to
read as follows:
THE GRAND ISLAND CITY CODE ALLOWS
FIREWORKS TO BE DISCHARGED ONLY ON THE
FOLLOWING DATES AND TIMES:
June 28 through July 2— 8:00 a.m. to 10:00 p.m.
July 3— 8:00 a.m. to 11:00 p.m.
July 4— 8:00 a.m. to midnight
Added by Ord. No. 8895, effective 5-12-2004
§16-17. Age Limitation for Selling Fireworks
Retail sales establishments shall, at all times, be supervised by a person of at least sixteen (16) years of age.
Failure to comply with this regulation may result in immediate revocation of the retail license.
§16-18. Discharging Fireworks Where Sold
It shall be unlawful for any person to discharge freworks in or upon the premises where fireworks are sold.
Amended by Ord. No. 8895, effective 5-12-2004
§16-19. Explosives; Throwing Prohibited
It shall be unlawful for any person to throw any frecracker, or any object which explodes upon contact with
another object: (1) from, at, or into a motor vehicle; (2) onto any street, highway, or sidewalk; (3) at or near any person;
(4) into any building; or (5) into or at any group of persons.
§16-20. Definitions
Permissible fireworks shall mean only sparklers, vesuvius fountains, spray fountains, torches, color fire cones,
star and comet type color aerial shells without explosive charge for the purpose of making a noise, firecrackers not to
exceed two inches in length and three-eighths of an inch in diameter, total pyrotechnic composition not to exceed 50.0
milligrams each in weight, color wheels, and any other fireworks approved under Sections 28-1241('7) and 28-1247 of the
Nebraska Revised Statutes. See also Rules and Regulations concerning fireworks in the State of Nebraska Administrative
Code, Title 1 S7.
Person as used in this Article shall include any person, firm, partnership, association of persons, or corporation.
Sale shall include barter, exchange, or gift or offer therefor, and each such transaction made by any person
whether as principal, proprietor, agent, servant, or employee.
Amended by Ord. No. 8895, effective 5-12-2004
-2-
ORDINANCE NO. 9377 (Cont.)
§16-21. Repealed by Ordinance No. 8895
§16-22. Discharge of Fireworks
Permissible fireworks may be discharged, exploded, or used in the City of Grand Island on June 27 through and
including July 4 of each year; provided that on such days the discharge and explosion of fireworks shall be permitted
during the following times:
June 27 through July 3 .......................... 8 a.m. to 11 p.m.
July 4 ......................................... 8 a.m.to midnight
Beginning in 2013 and each year thereafter, the following fireworks discharge schedule shall be in effect:
June 27 through July 2— 8:00 a.m. to 10:00 p.m.
July 3— 8:00 a.m. to 11:00 p.m.
July 4— 8:00 a.m. to midnight
The discharge of fireworks within the City of Grand Island on any dates or times other than as set out in this
section shall require a permit from the Life Safety Division. Public exhibition applications shall be accompanied by
documentation of a display license issued by the State Fire Marshal. Private party display applications will not require a
State Fire Marshal license, but displays will be limited to permissible fireworks as described in §16-20 of this Article.
Applicant shall also show that there will not be any substantial danger to people or property. Factors that will be
considered when reviewing an application will include, but not be limited to, where the fireworks will be discharged, the
procedures used to discharge the fireworks and the qualifications of the individuals discharging the fireworks.
Amended by Ord. No. 8895, effective 5-12-2004
II. Any ordinances or parts of ordinances in conflict are hereby repealed.
III. This ordinance shall be in full force and will take effect from and after its passage and
publication pursuant to law.
Enacted: April 10, 2012.
ATTEST:
RaNae Edwards, City Clerk
-3-
Jay Vavricek, Mayor