06/08/2021 Ordinances 9829ORDINANCE NO. 9829
An ordinance to amend Chapter 16 of Grand Island City Code ; to amend Sections
16-12, 16-13, 16-15, 16-16, 16-20 and Section 16-22; to clarify and/or make general corrections
to various code sections, to repeal any ordinance or parts of ordinances in conflict herewith; and
to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
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SECTION 1. Sections 16-12, 16-13, 16-15, 16-16, 16-20 and Section 16-22 of
the Grand Island City Code is hereby amended to read as follows:
§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 fireworks other than consumer 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 consumer 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 consumer fireworks in the City
without first making application to the Fire Administration Office (City Hall) for a permit and
receiving a permit to do so from the Life Safety Division. Permits shall require that applicants
disclose any location within the geographic boundaries of the City where they are storing
fireworks for sale. 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
Approved as to Form
June 7, 2021 tt Cdy Attorney
ORDINANCE NO. 9829 (Cont.)
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.
§16-15. Dates and Times of Lawful Sale
Consumer fireworks may be sold or offered for sale in the City of Grand Island on June
28 through and including July 4 of each year. Consumer 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.
July 4— 8:00 a.m. to midnight
§16-16. Temporary Fireworks Stands
Any person having obtained a permit to sell consumer 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 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 permitted to
remain on real estate where consumer 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. Such temporary enclosures shall only be permitted
as an accessory to a permitted principal use on improved property, no vacant lots shall be utilized
for sale of fireworks. Temporary stands with customer openings adjacent to a public street or
sidewalk shall maintain a ten (10) foot setback to protect customers from traffic on the adjacent
street or sidewalk.
§16-20. Definitions
Consumer fireworks shall mean fireworks approved under Neb. Rev. Stat. §§28-1241{�-}
and 28-1247. See also Rules and Regulations concerning fireworks in the State of Nebraska
Administrative Code, Title 157.
Consumer fireworks not permitted include wire sparklers and any other fireworks that
have been tested by the Nebraska State Fire Marshal as a response to complaints and deemed to
be unsafe.
Person as used in this Article shall include any person, firm, partnership, association of
persons, or corporation.
-2-
ORDINANCE NO. 9829 (Cont.)
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.
§16-22. Discharge of Fireworks
Consumer fireworks may be discharged, exploded, or used in the City of Grand Island on
June 28 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 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
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The discharge of freworks 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 consumer 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.
SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 8, 2021.
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Roger teele, Mayor
Attest:
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RaNae Edwards, City Clerk
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