04-06-2004 City Council Study Session PacketCity of Grand Island
Tuesday, April 06, 2004
Study Session Packet
City Council:Mayor:
Jay Vavricek
City Administrator:
Gary Greer
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Carole Cornelius
Peg Gilbert
Joyce Haase
Margaret Hornady
Robert Meyer
Mitchell Nickerson
Don Pauly
Jackie Pielstick
Scott Walker
Fred Whitesides
City of Grand Island City Council
Call to Order
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future
Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council
action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date
will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to
speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
City of Grand Island City Council
Item -1
Discussion Concerning Amending Chapter 16 of the Grand Island
City Code Relative to Fireworks
Tuesday, April 06, 2004
Study Session
City of Grand Island
Staff Contact: Jim Rowell
City of Grand Island City Council
Study Session Memo
From: Gary D. Greer, City Administrator
Meeting: April 6, 2004
Subject: Changes to Fireworks regulations
Item #’s: 1
Presenter(s): Jim Rowell, Fire Chief
Background
Fireworks sales and discharge regulations have been in effect for cities in Nebraska
for many decades. It has always been a struggle to find a balance between safety and
celebration concerning this issue. Fire works are incendiary devices that need proper
care and concern so that they don’t end up in causing loss of property or human life.
Originally, this issue was placed on the March 23rd Council Meeting for
consideration. There was a great deal of public input on the issue, which indicated a
need for a more in depth review on the subject. Therefore, the issue in now before the
City Council in a Study Session format.
The State Fire Marshall’s office has provided guidelines for the regulation of
fireworks, but the City has the ability to adopt local regulations to ensure local control
of the practice of celebrating the 4th of July and other important events. Attached is a
comparison matrix for several Nebraska cities concerning key issues concerning
fireworks regulations. The City of Grand Island has been looking at our fireworks
regulations in order to update our code to accomplish the following:
· Eliminate duplication and streamline the permitting process
· Increase and insure safety
· Allow for the appropriate celebration of special events
· Mirror newer regulations implemented by the State
Discussion
An ordinance has been drafted with the review and input of the Fire, Police, Building,
Legal and Administration Departments. This ordinance would change the City Code
with the aforementioned goals in mind. Many of the changes are descriptive or minor
housekeeping adjustments. However, there are substantive changes that are policy
concerns that will change the direction of the law. Following is a brief description of
the substantive changes proposed:
· Days of sale shortened from
June 24th - July 4th to July 1st –July 4th
· Hours changed for Discharging & Sale from 8 AM to 11 PM to:
10 PM to 10 PM for sale of fireworks
10 AM to 11PM July 1-3 for discharge of fireworks
10 AM to 12 Midnight July 4th for discharge of fireworks
· Ban all direct public access to fireworks in fireworks stands
· Ban all unattached signs concerning fire stands
· Change process for permitting fire stands to make Fire Department One stop
location
· Delineate fireworks can not be discharged within 300 feet of a fire works stand
· Allow for approva l process of special events discharge of fireworks during the
year
· Establish throwing fireworks as a class III misdemeanor
· The size of fireworks stands allowed changed from 300 to 320 square feet. This
would accommodate the use of 8’ X 40’spaces such as semi trailers.
Ordinance # 8895 is attached which accomplishes the aforementioned changes. City
Administration has contacted organizations that received fireworks permits to assure they
know about the Study Session on this issue. The list of contacted organizations and the
letter that was sent is attached.
Recommendation
It is recommended that the Council review the changes proposed and take public input on
this important issue. After reviewing the issue it would be appropriate to give general
direction to City Administration for the finalization of the proposed Ordinance.
March 25, 2004
Address
RE: Firework Permits and Regulations
The Grand Island City Council is reviewing Chapter 16 of the Grand Island City Code relative to
firework permits and regulations. They will be studying this issue at their April 6, 2004 City Council
Study Session meeting beginning at 7:00 p.m. at City Hall Council Chambers, 100 East 1st Street,
Grand Island, Nebraska.
I am contacting individuals that were issued permits last year that may be affected by these changes, to
come and discuss this issue with the City Council. I have also enclosed proposed Ordinance #8895
which outlines the changes that are being reviewed. We would like to give you this opportunity to meet
with the Mayor, City Council, City Administrator, and Department Director’s to discuss this issue.
If you should have any questions, feel free to contact me at (308) 385-5444 Ext. 111.
Sincerely yours,
CITY OF GRAND ISLAND
RaNae Edwards
City Clerk
Enc.
2004 FIREWORK ADDRESSES
NAME ADDRESS CITY
Joseph DeLeon 404 West 12th Street Grand Island, NE 68801
Marv & Margaret Kohler 1739 South Ingalls Street Grand Island, NE 68803
Ryan & Laura Dexter 4076 Zola Lane Grand Island, NE 68803
Rich Ludvik 2604 North 161 Avenue Omaha, NE 68116
Kenneth Enck 619 North Sherman Avenue Grand Island, NE 68803
Bill Walker 720 East 31st Street Kearney, NE 68847
American Promotional Events 1750 Calico Drive Bozeman, MT 59718
Brenda Hack 6122 West 7th Street Grand Island, NE 68801
Vicki Kranz 1920 West Charles Street Grand Island, NE 68803
Third City Christian Youth
Group
4100 West 13th Street Grand Island, NE 68803
Paul & Joanna Leetch 710 North Eddy Street Grand Island, NE 68801
Michael McDermott PO Box 7 St. Libory, NE 68872
Cal & Donna Wratten PO Box 284 Juniata, NE 68955
Joe Edwards 323 7th Street Grand Island, NE 68801
Russell Wolf 915 East Bismark Road Grand Island, NE 68801
Lynn Mayhew 2221 West Anna Street Grand Island, NE 68801
Fireworks
Facts
Survey
Do you allow for the sale and discharge of fireworks?What are the days fireworks can be sold?What are the days fireworks can be discharged?What are the hours that fireworks can be sold?What are the hours that fireworks can be discharged?Can the public access the fireworks or do they get them from the vendor?Can Fireworks be sold from outside a tractor trailer?Are there any regulations specifying the distance fireworks can be discharged from stands?Do you have provisions for special events that want to discharge through the year?Do you have regulations against throwing fireworks?How much are your permit fee's to sell fireworks?Grand
Island
(Proposed
Ordinance)
YES 4 4 07/01-07/04 10am-10pm 07/01-07/03 10am-11pm
07/04 10am-12mid NO NO YES YES YES $200
Kearney YES 6 6 06/29-07/02 8am-10pm
07/03-07/04 8am-12mid
06/29-07/02 8am-10pm
07/03-07/04 8am-12mid YES YES YES NO YES $250
( $100 deposit included)
Hastings YES 10 10 06/25-07/03 9am-11pm
7/04 9am-11pm
06/25-07/03 9am-11pm
7/04 9am-12mid YES YES NO YES YES $110
Omaha NO N/A N/A N/A N/A N/A N/A N/A YES YES N/A
Fremont YES 8 8 06/27 12mid
07/04 12mid
06/27 12mid
07/04 12mid YES NO YES YES NO before 06/19 $500
after 06/19 $1000
Norfolk YES 10 10 06/25-07/03 8am-11pm
07/04 8am-12mid
06/25-07/03 8am-11pm
07/04 8am-12mid YES YES NO YES YES $225
North Platte YES 7 7 06/28-07/03 12noon-10pm
07/04 8pm-12mid
06/28-07/03 1 2pm-10pm
07/04 8pm-12mid YES YES YES YES NO $250
Columbus YES 10 10 06/25-07/03 8am-11pm
07/04 8am-12mid
06/25-07/03 8am-11pm
07/04 8am-12mid
NO NO YES YES NO
before 06/10 $500
06/11-06/18 $1000
06/19-06/25 $2000
Bellevue
(must be
nonprofit)
YES 10 10 06/25-07/04 8am-12mid 06/25-07/04 8am-12mid YES YES YES YES NO $2000
(90% of profit goes toward city
projects)
Lincoln YES 2 2 07/03 8am-11pm
07/04 8am-12mid
07/03 8am-11pm
07/04 8am-12mid NO YES YES YES YES $75
10 days
8 days 7 days 6days 4 days 2 days 0 days
0
1
2
3
4
Number of cities
10 days 8 days 7 days 6days 4 days 2 days 0 days
Number of Days allowed to sell and discharge fireworks
Survey of number of days fireworks could be sold
Proposed
Grand Island
Ordinance
Approved as to Form ¤ ___________
April 1, 2004 ¤ City Attorney
ORDINANCE NO. 8895
An ordinance to amend Chapter 16 of the Grand Island City Code; to amend
Sections 16-13, 16-15, 16-16, 16-18, 16-19, 16-20, and 16-22 pertaining to fireworks; to add
Section 16-16.1 pertaining to restrictions on firework stands; to add Section 16-16.2 pertaining to
signage for firework stands; to repeal Sections 16-13, 16-15, 16-16, 16-18, 16-19, 16-20, and 16-
22 as now existing, and 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
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 16-13 of the Grand Island City Code is hereby amended to
read as follows:
§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) Bureau of Fire Prevention for a permit and
received a permit to do so from the Fire Prevention Division. city clerk. 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 conspicuously within the temporary stand at the place of business of the holder thereof. Such permits shall
not be transferable. Applications will be not accepted unless accompanied by an approved display permit from the
State Fire Marshal's Office (pursuant to Nebraska Act Book 28-1239.01 and 28-1246, as amended). A copy of the
invoice of all fireworks in every license holder's possession shall be available for inspection by the State Fire
Marshal or the Grand Island Fire Marshal or their designee.
SECTION 2. Section 16-15 of the Grand Island City Code is hereby amended to
read as follows:
§16-15. Dates of Lawful Sale
Permissible fireworks may be sold or offered for sale in the City of Grand Island during the following
times: on June 27 through and including July 4 of each year.
July 1 through July 3 10 a.m. to 11 p.m.
July 4 10 a.m. to midnight
The sale of fireworks within the City of Grand Island on any dates or times other than as set out herein shall be
unlawful.
ORDINANCE NO. 8895 (Cont.)
- 2 -
SECTION 3. Section 16-16 of the Grand Island City Code is hereby amended to
read as follows:
§16-16. Temporary Fireworks Stands
Any person having obtained the appropriate permits from both the state and city 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 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. No public access stands shall be permitted. 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 Fire Prevention Division building department 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
permissible fireworks are sold for only the period beginning on June 26 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 three hundred square feet in size.
SECTION 4. Section 16-16.1 of the Grand Island City Code is hereby added to
read as follows:
§16-16.1 Restrictions Applicable to all Temporary Fireworks Stands
(A) Size: The maximum size of any temporary fireworks stands shall not exceed 320 square feet.
(B) Setbacks: All temporary fireworks stands shall be setback from all adjacent property lines a minimum
of five feet. Such stands shall not be allowed to encroach into or over the public right-of-way.
(C) Clearance to Combustibles: The area located within thirty feet of a consumer fireworks stand shall be
kept free of accumulated dry grass, dry brush, and combustible debris.
(D) Other Separation Distances: Temporary fireworks stands shall not be located closer than 25 feet from
any building (including but not limited to temporary fireworks stands), and at least 100 feet from any gasoline
pumps, aboveground gasoline storage tanks, a vent pipe or fill pipe from any tank containing flammable liquids.
Temporary fireworks stands shall not be located within 300 feet of any aboveground bulk storage or bulk dispensing
area for flammable or combustible liquids, flammable gas, or flammable liquefied gas.
(E) Parking: No motor vehicle or trailer shall be parked within ten feet of a temporary fireworks stand
except when delivering, loading, or unloading fireworks and display materials.
(F) Portable Generators: Portable generators shall be located not less than twenty feet from any temporary
fireworks stand. Generators fueled by Class II and Class III combustible liquids (and containers) shall be limited to
five gallons. Gas (Class I combustible liquids) powered generators shall be limited to two gallons.
(G) Electrical Cords: Extension cords may only be heavy duty and have conductors of at least 14 AWG and
such cords shall be provided with physical protection against damage caused by pedestrian or vehicular traffic.
(H) Portable Fire Extinguishers: At least one multipurpose fire extinguisher , no smaller than 4A, shall be
placed readily accessible to the person or persons operating the temporary fireworks stand, at a distance not to
exceed 15 feet. (Two 2 1/2 gallon water cans may be used in place of the 4A extinguisher.)
ORDINANCE NO. 8895 (Cont.)
- 3 -
(I) Required Signage: Smoking shall not be permitted within fifty feet of the temporary fireworks stand or
sales area. At least three signs that read as follows, in letters at least 2 inches in height on a contrasting background
shall be conspicuously posted around temporary fireworks stands:
FIREWORKS – NO SMOKING
At least one sign that reads as follows, in letters at least four inches in height on a contrasting background, shall be
conspicuously posted on the exterior of each side of the consumer fireworks retail sales facility:
NO FIREWORKS
MAY BE DISCHARGED
WITHIN 300 FEET
SECTION 5. Section 16-16.2 of the Grand Island City Code is hereby added to
read as follows:
§16-16.2. Signage; Temporary Fireworks Stands
All signage associated with temporary fireworks stands shall be attached to the stand as flat or banner
signs. No portable or temporary signage will be allowed.
SECTION 6. Section 16-18 of the Grand Island City Code is hereby amended to
read as follows:
§16-18. Discharging Fireworks Where Sold
It shall be unlawful for any person to discharge fireworks in, upon, or within three hundred (300) feet of or
upon the premises where fireworks are sold; provided, that, this regulation shall not be construed to include the use
of toy pistols using what is commonly known as caps.
SECTION 7. Section 16-19 of the Grand Island City Code is hereby amended to
read as follows:
§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. Unlawful throwing of fireworks is a Class III
misdemeanor.
SECTION 8. Section 16-20 of the Grand Island City Code is hereby amended to
read as follows:
§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 one and one-half inches in length or one-fourth in diameter, lady fingers not to exceed
seven-eighths of an inch in length or one-eighth inch in diameter, total explosive pyrotechnic composition not to
ORDINANCE NO. 8895 (Cont.)
- 4 -
exceed 50.0 milligrams each in weight, color wheels, and those fireworks authorized by the State Fire Marshall, by
regulation, after having been submitted to him and tested to their safety and general use. and any other fireworks
approved under Section 28-1247 of the State Fire Marshal's Act Book. See also: Rules and Regulations concerning
fireworks in the State of Nebraska Administrative Code, Title 157.
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.
SECTION 9. Section 16-22 of the Grand Island City Code is hereby amended to
read as follows:
§16-22. Discharge of Fireworks
Permissible fireworks may be discharged, exploded, or used in the City of Grand Island on July 1 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:
July 1 June 27 through July 3…………… 10 8 a.m. to 11 p.m.
July 4…………………………………… 10 8 a.m. to midnight
The sale, discharge, or exploding of fireworks within the City of Grand Island on any dates or times other
than as set out in this section ordinance shall be unlawful. require a permit from the Fire Prevention 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.
SECTION 10. Section 16-13, 16-15, 16-16, 16-18, 16-19, 16-20, and 16-22 as
now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are,
repealed.
SECTION 11. That 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.
ORDINANCE NO. 8895 (Cont.)
- 5 -
Enacted: April 13, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk