HomeMy WebLinkAboutRESOLUTION NO. 2012-18 RESOLUTION NO. 2012-18
RESOLUTION APPROVING FIREWORKS PERMIT FOR THE
FAIRFAX FIRE AND RESCUE DEPARTMENT
WHEREAS, the City Council of the City of 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 and other organizations or groups of
individuals approved by the City Council when such fireworks display will be handled by a
competent operator, and
WHEREAS, the City Council of the City of Fairfax, Iowa, has received a request for
fireworks display permit from Lynn Miller of the Fairfax Fire and Rescue Department, and
WHEREAS, the City Council of the City of 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 of the City of Fairfax,
Iowa, that criteria be prescribed for the issuance of permits for the display of fireworks in the
City of Fairfax, Iowa.
BE IT FURTHER RESOLVED, that the following definitions be used:
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 City Council of the City of Fairfax, Iowa, that
the Mayor and City Clerk are hereby authorized and directed to execute said Resolution.
Passed and approved this 13th day of March, 2012.
AYES: Beer, Frieden, Otto, Magers, and Wainwright
NAYS: None
Jason Rabe, Mayor
ATTEST:
Cynthia Stimson, City Clerk/Treasurer