05/22/2012 Ordinances 9386ORDINANCE NO. 9386
WHEREAS, the Grand Island City Council finds it necessary to amend Chapter
16, Article II of the Grand Island City Code, its laws regulating fireworks, to reflect existing
community standards,
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
I. That Chapter 16, Article II of the Grand Island City Code be amended to read as follows:
Article II. Fireworks
§i6-12. 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 fireworks other than permissible fireworks; provided, that the provisions of this
section shall not apply to:
(i) 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 Office (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 shali 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 and Times of Lawful Sale
Permissible fireworks may be sold or offered for sale in the City of Grand Island on June 27 through and
including July 4 of each year. Beginning in 2013 and each year thereafter permissible fireworks may be sold or
offered for sale in the City of Grand Island on June 28 through and including July 4. Beginning in 2013 permissible
fireworks may only be sold during the following 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.
Approved as to Form II
May 21, 2012 tt City Attorney
ORDINANCE NO. 9386 (Cont.)
July 4— 8:00 a.m. to midnight
§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 piaced on real estate for that purpose. No fireworks 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 from the Life Safety Division for the erection or placement of such temporary enclosures
or stands. Such temporary enclosures or stands shall be pernutted 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 five hundred square feet in size.
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 freworks stand:
NO SMOKING WITHIN FIFTY FEET OR
DISCHARGE OF FIREWORKS
WITHIN THREE HUNDRED FEET
OF 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 Soid
It shall be unlawful for any person to discharge fireworks in or upon the premises where fireworks are sold
or within three hundred (300) feet of the premises.
Amended by Ord. No. 8895, effective 5-12-2004
§16-19. Explosives; Throwing Prohibited
It shall be unlawful for any person to throw any firecracker, 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.
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ORDINANCE NO. 9386 (Cont.)
§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 ofNebraska Administrative Code, Title IS7.
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
§16-21. Repealed by Ordinance No. 8895
§16-22. Discharge of Fireworks
Permissible firewarks 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 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
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 shali 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 pernussible 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 wili 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: May 22, 2012.
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ORDINANCE NO. 9386 (Cont.)
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