03/23/2004 Ordinances 8895
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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 signage for temporary 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 Preyention for a permit and
received a permit to do so from the Fire Prevention Divisioncity 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 not be accepted unless accompanied by an approved displav 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 his/her 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 on JillylJune 27 through
and including July 4 of each year.
July 1 through Julv 3
July 4
10 a.rn. to 10 p.rn.
10 a.rn. to 10 p.rn.
SECTION 3. Section 16-16 of the Grand Island City Code is hereby amended to
read as follows:
Approved as to Form xx
March 24. 2004
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ORDINANCE NO. 8895 (Cont.)
~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. 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. The codes regulating the use of
temporary stands will be found in the packet, "RETAIL SALES OF CONSUMER FIREWORKS" based upon
NFPA 1124. and will be distributed from the City Fire Administration office. f.ny such temporary staNd or
enelosure shall not be located closer than twenty five feet from any building, and at least one hl:lll:<:ked feet from. any
station v:here gasoline and oil for motor vehicles is sold. Such temporary stand or enclosure shall not exceed tocee
hundred sqHare feet in size.
SECTION 4. 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,-ef upon, or within three hundred (300.0) feet
of 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 5. 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 6. 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 fDOOh 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
exceed 50.0 milligrams each in weight, color wheels, and those fire'.vorks authorized by the State Fire Marshall, by
regulation, after having been submitted to him. and tested to their safety and general use. and anv 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.
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ORDINANCE NO. 8895 (Cont.)
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 7. 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 MllJune 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 lQ.&-a.m. to 11 p.m.
July 4 lQ.&-a.m. to midnight
The sale, or discharge, or exploding of fireworks within the City of Grand Island on any dates or times
other than as set out in this section ordiHance shall be l:lfI:lawful. require a permit from the Fire Prevention Division
for public exhibitions. Application for such permit shall be accompanied by documentation of a display license
issued by the State Fire Marshal. Applicant shall also show that there will not be any substantial danger to people or
property. Factors that will be considered when reviewing an apl'lication will include. but not be limited to. where the
fireworks will be used. the procedures used to discharge the fireworks and the qualifications of the individuals using
the fireworks.
SECTION 8. Section 16-16.1 is hereby added to the Grand Island City Code to
read as follows:
&16-16.1. Si!rnae:e; Temporary Fireworks Stands
All signage associated with a temporary fireworks stand shall be attached to the stand as flat or banner
signs. No portable or temporary signage will be allowed.
SECTION 9. Sections 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 10. 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.
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ORDINANCE NO. 8895 (Cont.)
Enacted: March 23,2004.
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
City Council referred Ordinance 18895 to the April 6, 2004 Study Session
for further discussion.
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