04/27/2004 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, 16-16, 16-18, 16-20, and 16-22 pertaining to fireworks; to delete Section 16-14
pertaining to business locations for selling fireworks; to add Section 16-16.1 pertaining to
required signage; to delete Section 16-21 pertaining to prohibition on sky rockets; to repeal
Sections 16-13, 16-16, 16-18, 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) for a permit and received a permit to do so
from the Fire Prevention Division. 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.
SECTION 2. Section 16-14 of the Grand Island City Code is hereby deleted.
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 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 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 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
Approved as to Form 1:1
April 29, 2004 1:1 City Attorney
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ORDINANCE NO. 8895 (Cont.)
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.
SECTION 4. Section 16-16.1 is hereby added to the Grand Island City Code to
read as follows:
~16-16.1. Sign age 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
SECTION 5. 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 or upon the premises where fireworks are sold.
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 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
Section 28-1247 of the State Fire Marshal's Act Book. See also Rules and Regulations concerningjireworks 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.
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ORDINANCE NO. 8895 (Cont.)
SECTION 7. Section 16-21 ofthe Grand Island City Code is hereby deleted.
SECTION 8. 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 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.rn. to 11 p.rn.
July 4. . . . . . . .. .. . . .. . .. . .. . . . . .. . . . . . . .. . . .. . .. .. . . ... 8 a.rn. 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 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 9. Section 16-13, 16-16, 16-18, 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.
Enacted: April 27, 2004.
Attest:
QJ\ ell t~tA~~)
RaNae Edwards, City Clerk
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