5-2300 Fireworks Displays

 

CITY OF COON RAPIDS, MINNESOTA
CHAPTER 5-2300
FIREWORKS DISPLAYS

5-2301 Application of Chapter 5-100. The provisions of Chapter 5-100 shall apply to the issuance of permits hereunder to the extent applicable.

5-2302 Definitions. The following words and terms when used in this chapter will have the following meanings unless the context clearly indicates otherwise:

(1) “Fireworks” means any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, conflagration, or detonation, and includes blank cartridges, toy cannons and toy canes in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers, or other fireworks of like construction, and any fireworks containing any explosive or inflammable compound, or any tablets or other device containing any explosive substance and commonly used as fireworks. The term "fireworks" does not include toy pistols, toy guns, in which paper caps containing 25/100 grains or less of explosive compound are used and toy pistol caps which contain less than 20/100 grains of explosive mixture.
(2) “Fire Chief” means the chief of the Coon Rapids Fire Department or the Chief's designee.
(3) “Event” means a celebration or ceremony which may be conducted on one or more days provided that events conducted on more than one day must be conducted on consecutive days.
(4) “Operator” means a person currently certified by the State Fire Marshal to supervise fireworks displays.

5-2303 Individuals Prohibited. No individual may conduct a fireworks display in the City of Coon Rapids.

5-2304 Permit Required. No organization may conduct a fireworks display without first acquiring a permit issued by the City Clerk. Only one permit is required per event provided that each fireworks display during the event is conducted by the same persons, in the same manner and at the same location.

5-2305 Exceptions. The requirements of Section 5-2304 do not apply to any organization exempted by State law from obtaining a City permit. Also, the use of smoke pots, flash pots and theatrical flash powder for ceremonial, theatrical and musical productions are exempt from the permit provided such displays are conducted in a safe manner in accordance with all applicable codes and standards.

5-2306 Application. Applications for a permit must be made to the City Clerk at least 15 days prior to the date of the display on forms provided by the City and must include the following information:

(1) Name of the sponsoring organization.
(2) Name, address and telephone number of the contact person representing the sponsoring organization.
(3) Name, address and telephone number and State certification number of the pyrotechnic operator who will be supervising the display.
(4) Exact location of the proposed display.
(5) Date(s) and time of day of the proposed display. In the event of inclement weather or other unforeseen and reasonable circumstances the display may be delayed up to three days following the permit date(s). Further delays will be allowed only with the written permission of the Fire Chief.
(6) The approximate number and types of fireworks and/or pyrotechnic special effects materials to be discharged. Any additions to the display which adds fireworks or pyrotechnic special effects must be approved in writing by the Fire Chief in advance of the display.
(7) Assistants must be at least 18 years of age. [Revised 3/1/05, Ordinance 1876]
(8) No license shall be issued nor be effective until the applicant has filed with the City Clerk a commercial general liability insurance policy issued by an insurance company authorized to do business in the State of Minnesota, covering all operations of said applicant under this Chapter in amounts of not less than $1,000,000 per person and $2,000,000 per occurrence. Such policy shall name the City of Coon Rapids as an insured and shall provide for the saving harmless of the City of Coon Rapids from any and all liabilities or causes of action which might arise by virtue of the granting of the permit to the applicant and the operation of the fireworks display hereunder. [Revised 3/1/05, Ordinance 1876]
(9) A diagram showing the following:

(a) Grounds or, in the case of indoor displays, facilities at which the display will be held.
(b) Point at which the fireworks are to be discharged.
(c) Direction(s) in which aerial displays are proposed to be fired.
(d) Location of all buildings, highways, streets, communication lines and other possible overhead obstructions.
(e) Lines behind which the audience will be restrained.
(f) In the case of an indoor display, the fallout radius of each pyrotechnic device used during the display.
(g) Such other information as required by the Fire Chief.

5-2307 Permit Fee. The permit fee will be established by ordinance of the City Council. The fee is not refundable and must accompany the application [Revised 3/1/05, Ordinance 1876]

5-2308 Investigation. Upon receipt of a completed application and permit fee, the City Clerk must promptly refer the application to the Fire Chief for review and investigation.

5-2309 Conditions for Approval. The Fire Chief must conduct an investigation in the manner the Chief deems appropriate to determine the following:

(1) That the operator is competent and certified by the State Fire Marshal.
(2) That the display is of such character and is to be so located, discharged or fired that it will not be hazardous to property or dangerous to persons.

5-2310 Compliance with Conditions. The sponsor and operator must comply with the guidelines for fireworks display promulgated by the State Fire Marshal. The Fire Chief may impose, and the sponsor and/or operator must comply with, any additional reasonable and appropriate conditions consistent with the State Fire Marshal guidelines and designed and intended to enhance the safety of the display. Such conditions will become a part of the permit and may include, but are not limited to, stand by fire apparatus and personnel, the cost of which shall be paid in addition to the permit fee by the sponsor prior to the display.

5-2311 Issuance of Permit. Upon a favorable recommendation from the Fire Chief, the City Clerk will issue the permit.

5-2312 Cancellation or Discontinuation of Display. The Fire Chief or the operator may cancel or discontinue any display for failure to comply with this chapter or conditions imposed pursuant to this chapter or for any reason determined to constitute a hazard to persons or property, including, but not limited to, wind, weather or crowd control.

5-2313 Penalties. In addition to all other sanctions that may be imposed, any violation of the chapter, or of a condition imposed pursuant to this chapter, will be a misdemeanor. Any violation of this chapter or a condition imposed pursuant to this chapter, whether or not anyone is convicted of a misdemeanor, may be grounds for denial of a subsequent permit request.

5-2314 Severability. If any section or portion of any section of this chapter is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of other sections or portions of sections of this chapter.

 

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