HomeMy WebLinkAboutRESOLUTION NO. 2012-02 RESOLUTION NO. 2012-02
FIREWORKS PERMITTING RESOLUTION
WHEREAS, the City Council, Fairfax, Iowa, is empowered under the authority
of Section 727.2, Code of Iowa, to grant a permit for the display of fireworks by
municipalities, fair associations, amusement parks, other organizations or groups, and
individuals approved by the City Council when such fireworks display will be handled by
a competent operator; and
WHEREAS, the City Council, Fairfax, Iowa receives requests for fireworks
display permit; and
WHEREAS, the City Council, Fairfax, Iowa, desires to grant permits only when
a competent person will be in charge of the fireworks display to provide for the safety of
all concerned.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, Fairfax, Iowa,
that criteria be prescribed for the issuance of permits for the display of fireworks in the
City of Fairfax as follows:
Definitions:
Applicant: The person or group, which is applying for the permit.
Fireworks: Any explosive composition, or combination of explosive substances,
or article prepared for the purpose of producing a visible or audible effect by
combination, explosion, deflagration, or detonation, and shall include blank cartridges,
firecrackers, torpedoes, sky rockets, roman candles, or other fireworks of like
construction and any fireworks containing any explosive or inflammable compound, or
other device containing any explosive substance. The term "fireworks" shall not include
gold star-producing sparkles on wires which contain no magnesium or chloride or
perchlorate, no flitter sparklers in paper tubes that do not exceed one-eighth (1/8) of an
inch in diameter, no toy snakes which contain no mercury and no caps used in caps used
in cap pistols.
Operator: A person trained in fireworks safety who will set up and explode the
fireworks.
Sponsor: The group paying for or otherwise providing for the fireworks display.
Requirements:
1. That the applicant submit an application in writing on the form attached
hereto and incorporated herein by reference no later than ten (10) days before
a Fairfax City Council Meeting.
2. That no permit be issued until the Chief of the Fairfax Fire Department
having jurisdiction over the site of the fireworks display and the City
Council, Fairfax, Iowa has approved the location and fire prevention
measures.
3. That no permit be issued unless liability and fire insurance coverage is
procured to protect the applicant, sponsor, operator and the public in an
amount not less than $2,000,000.
4. That the applicant and operator be persons of not less than eighteen (18)
years of age on the date of the proposed fireworks display.
5. That the operator must meet the following fireworks safety requirement:
a) Possess a current, valid fireworks license issued by a state of the United
States which requires formal safety training; or
b) Demonstrate an equivalent degree of formal fireworks safety training
and experience to the satisfaction of the City Council and the Chief of the
Fairfax Fire Department.
6. That any fireworks that remain unexploded after the display shall be
immediately disposed of or removed for storage or disposal in a safe manner
by the operator who, upon the conclusion of the display, shall make a
complete and thorough search for any unexploded fireworks or fuses thereof
which have not exploded or functioned.
BE IT FURTHER RESOLVED, that the Linn County Sheriff or his or her
designee may suspend any permit issued pursuant to this resolution should he or she
determine that the health, safety, welfare of the public require the suspension, or should
the applicant and/or operator fail to meet or follow the safety qualifications as set out in
this resolution.
BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of
Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and
directed to execute said Resolution.
Passed and approved this 14th day of February, 2012.
AYES: Beer, Otto, and Magers
NAYS: None
ABSENT: Frieden and Wainwright
Jason Rabe, Mayor
ATTEST:
Cynthia Stimson, City Clerk/Treasurer
The foregoing Resolution No. 2012-02 having been approved this date by the Fairfax
City Council, I hereby approve the same by affixing my signature as City Clerk/Treasurer
on this 15th day of February, 2012.
Cynthia Stimson, City Clerk/Treasurer