Glidden City Council Finalizes Fireworks Ordinance Just In Time For The Fourth Of July

The Glidden City Council approved their proposed firework ordinance Monday night which will allow for fireworks to be used within city limits for the Fourth of July holiday. The city has decided to follow the state guidelines for allowable dates, from June 1 to July 8 and from Dec. 10 to Jan. 3. The City Council loosened restriction on dates near Independence Day which mean fireworks will be permitted for extended hours from 9 a.m. to 11 p.m. on July 1, 2 and 5 through 8. On July 3 and 4, fireworks are permitted until midnight. In order to adopt the ordinance in time for the holiday, the second and third readings were waived by the council. The change becomes official once it is published on Thursday, June 29. The full ordinance language can be found included below.

ORDINANCE # 2017-03

 An Ordinance Amending the Code of the Ordinances of the City of Glidden, Iowa, 2012, by Amending Provisions Pertaining to Fireworks.

 Be it enacted by the City Council of the City of Glidden, Iowa:

SECTION 1.  SECTION AMENDED.  Chapter 41.13 of the Glidden Code of Ordinance, 2012, are hereby deleted and the following adopted in lieu thereof:

• (Code of Iowa, Sec. 727.2)

SECTION 1: DEFINITIONS.  For purposes of this section:

1. “Consumer fireworks” includes first-class consumer fireworks and second-class consumer fireworks as those terms are defined in section 100.19, subsection 1 of the Code of Iowa. “Consumer fireworks” does not include novelties enumerated in chapter 3 of the American Pyrotechnics Association’s Standard 87-1 or display fireworks enumerated in chapter 4 of the American Pyrotechnics Association’s Standard 87-1.
2. “Display fireworks” includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes fireworks containing any explosive or flammable compound, or other device containing any explosive substance. “Display fireworks” does not include novelties or consumer fireworks enumerated in chapter 3 of the American Pyrotechnics Association’s Standard 87-1.
3. “Novelties” includes all novelties enumerated in chapter 3 of the American Pyrotechnics Association’s Standard 87-1, and that comply with the labeling regulations promulgated by the United States Consumer Product Safety Commission.

       DISPLAY FIREWORKS.  It is unlawful for any person to use or explode any    display fireworks; provided the City Council may, upon application in writing,     grant a permit for the display of display fireworks by municipalities, fair     associations, amusement parks and other organizations or groups of individuals approved by the City when the display fireworks 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:

1. Personal Injury: $250,000.00 per person
2. Property Damage:        $50,000.00
3. Total Exposure: $1,000,000.00

Violation of this provision is a simple misdemeanor punishable by a fine of not less than $250.00.

 CONSUMER FIREWORKS. 

1. It is unlawful for any person to use or explode consumer fireworks on days other than June 1 through July 8 and December 10 through January 3 of each year, all dates inclusive.
2. It is unlawful for any person to use or explode consumer fireworks at times other than between the hours of 9:00 a.m. and 10:00 p.m., except that on the following dates consumer fireworks shall not be used at times other than between the hours specified:

(1)   Between the hours of 9:00 a.m. and 11:00 p.m. on July 1, July 2, July 5, July 6, July 7, July 8.

Between the hours of 9:00 a.m. and 12:00 a.m (midnight). on July 3^rd and July 4^th.

1. It is unlawful for any person to use consumer fireworks on real property other than that person’s real property or on the real property of a person who has       consented to the use of consumer fireworks on that property. It is unlawful for any person to use or explode any fireworks or novelties as defined in Section 727.2 of       the Code of Iowa on city-owned property including parks, parking lots, streets,   and rights-of-way.

SECTION 2: REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance hereby repealed.

SECTION 3:  SEVERABILITY CLAUSE.  If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 4:  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GLIDDEN, IOWA, on the 26^th day of June, 2017.