Madrid Fireworks Ordinance

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TITLE III COMMUNITY PROTECTION

CHAPTER 12 FIREWORKS

3-12-1 Definitions
3-12-2 Sales
3-12-3 Fireworks-Discharging General Requirements
3-12-4 Violations
3-12-5 Exceptions

3-12-1 DEFINITIONS. For purposes of this section, definitions are enumerated in the Iowa
Code Section 727.2, which definitions are incorporated herein by reference.

3-12-2 SALES. All Consumer Fireworks Sellers must abide by the licensing requirements and rules for sales as set by the State of Iowa and by the City of Madrid. Consumer class DOT 1.4 fireworks sales cannot be sold to any person under age of 18 or any person who is intoxicated.

3-12-3 FIREWORKS-DISCHARGING GENERAL REQUIREMENTS.

1. No person under the age of 18 shall discharge a consumer fireworks device.

2. All Fireworks shall be Second Class Consumer Fireworks which include: Cone Fountains, Cylindrical Fountains, Flitter sparklers, Ground and hand held sparkling devices, including tube ground and hand held sparkling devices that are manufactured with APA 87-1, section 3.5, ground spinners, illuminating torches, toy smoke devices, wheels, wire, or dipped sparklers. No bottle rockets allowed.

3. A person shall only discharge a consumer fireworks device on real property they own or on property where consent has been given by the property owner. Neither the fireworks nor debris may leave said property.

4. A person shall not discharge a consumer fireworks device within 500 yards of a hospital or senior care facility.

5. Consumer fireworks shall not be discharged by a person over the legal alcohol limit or under the influence of a drug or narcotic.

6. Any person discharging a consumer fireworks device assumes all responsibility for its operation and the consequences thereof. No person shall discharge a consumer fireworks device in a reckless manner or manner likely to cause death, injury, fire, or property damage.

7. No person shall discharge a consumer fireworks device outside the following dates and hours: July 3rd and July 4th, 2 P.M. to 10 P.M. and December 31st, 2 P.M. to 10 P.M.

8. It shall be unlawful to alter, remove, or discharge components of a consumer fireworks device from its intended method of discharging.

9. The City may, upon application in writing, grant a permit for the display of display fireworks by a City agency, fair association, amusement park, and other organization or groups of individuals approved by the City Council when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:

a. General Liability: $1,000,000

b. Aggregate Coverage: $2,000,000

3-12-4 VIOLATIONS. All violations of any provisions of this Chapter are hereby declared simple misdemeanors. The penalty for the violation of any of the requirements of this chapter will be a fine of $500.00. Violations of this section shall be reported to the State Fire Marshall.

3-12-5 EXCEPTIONS. This section does not prohibit the sale by a resident, dealer, manufacturer, or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they are to be shipped out of the State; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.

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