HomeMy WebLinkAboutOrdinance 1020 - Fireworks
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1020 FIREWORKS ...................................................................................1020-1
Section 1020.01: PURPOSE AND INTENT ..............................................................1020-1
Section 1020.02: DEFINITIONS ...............................................................................1020-1
Section 1020.03: LICENSE REQUIREMENTS ........................................................1020-1
Section 1020.04: LICENSE FEE ...............................................................................1020-1
Section 1020.05: LOCATION RESTRICTION .........................................................1020-2
Section 1020.06: HOURS OF OPERATION .............................................................1020-2
Section 1020.07: INSPECTIONS ..............................................................................1020-2
Section 1020.08: TRAINING PROGRAM ................................................................1020-2
Section 1020.09: SELF SERVICE .............................................................................1020-2
Section 1020.10: USE OF LEGAL FIREWORKS .....................................................1020-2
Section 1020.11: LICENSE SUSPENSION OR REVOCATION ..............................1020-3
Section 1020.12: CRIMINAL PENALTIES ..............................................................1020-3
Section 1020.13: SEVERABILITY ...........................................................................1020-3
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1020 FIREWORKS
Section 1020.01: PURPOSE AND INTENT. It has been determined by the City Council
that the storage for sale and sale of legal fireworks creates an increased risk of fire and explosion.
It has also been determined by the City Council that unauthorized use of legal fireworks by
minors leads to an increased risk of injury or damage to property. This Ordinance has been
adopted for the purpose of protecting public health, safety and welfare.
Section 1020.02: DEFINITIONS. For purposes of this ordinance, the following terms
have the meaning as indicated:
Subd. 1: Legal Fireworks. Means those items specifically identified by Minnesota
Statute Section 624.20 Subd. 1(C).
Section 1020.03: LICENSE REQUIREMENTS.
Subd. 1: No person shall engage in the business of the sale of legal fireworks within the
City of St. Joseph without first obtaining a license from the City pursuant to this Ordinance.
Subd. 2: To be eligible for a license, the person applying for the license must be at least
18 years of age and may not have been convicted of a felony offense within five years of
application. In the event the applicant is a corporation, limited liability company or a similar
business entity, the majority owner of the entity must be at least 18 years of age or older, and
may not have been convicted of a felony offense within five years of application.
Subd. 3: A separate license is required for each place of business.
Subd. 4: Any change in the ownership of a licensed entity will require application for a
new license and the new owner must satisfy all eligibility requirements.
Section 1020.04: LICENSE FEE. Application for a legal fireworks license must be
submitted to the City Clerk/Administrator along with the license fee as established by the City
Council and subject to periodic modification by City Council resolution. If the license period is
for less than one (1) year, the fee to be paid by the applicant shall be a prorated portion of the
amount required for the entire year; provided that the minimum fee shall not be less than
$________. Any license issued under this ordinance shall expire on the ____ day of
______________ of each year.
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CHAPTER X – NUISANCES & OFFENSES
Section 1020.05: LOCATION RESTRICTION. Sale of legal fireworks within the City
of St. Joseph is restricted as follows:
Subd. 1: The location of the sale is restricted to areas within the City zoned for business
or industrial use, and at least 300 feet from property zoned for residential use, property used for
school purposes, a public park or publicly owned facility, or a residential structure.
Subd. 2: No License shall be granted or renewed for a location that is licensed to sell or
furnish intoxicating liquor. This provision does not restrict the sale at locations licensed to sell
non-intoxicating liquor off sale.
Subd. 3: The sale must be from a structure located on a permanent foundation, and
constructed primarily of non-flammable materials (block, tip up concrete panels, poured
concrete, steel siding, etc.)
Section 1020.06: HOURS OF OPERATION. The sale of legal fireworks is limited to
the hours of 8:00 am to 10:00 pm.
Section 1020.07: INSPECTIONS. Any location licensed for the sale of legal fireworks
shall be open to inspection by a licensed peace officer whenever the location is open for
business.
Section 1020.08: TRAINING PROGRAM. Every licensee shall have in effect a training
program for employees to instruct them about the law prohibiting the sale of legal fireworks to
minors and the other provisions of state law and local ordinance.
Section 1020.09: SELF SERVICE. Legal fireworks may not be kept or displayed in a
location where a potential customer has direct access. All legal fireworks must be kept behind a
counter within the control of licensee or its employee, or in locked display cases.
Section 1020.10: USE OF LEGAL FIREWORKS. Legal fireworks used or possessed
within the City shall be subject to the following restrictions:
Subd. 1: No person under the age of 18 may have in their possession or make any use of
legal fireworks unless under the direct supervision of their parent or guardian, or a person over
the age of 21 authorized to supervise the minor by the parent or guardian of the minor.
Subd. 2: Legal fireworks which cause noise shall not be used between the hours of
10:00pm and 8:00am of the following day.
Subd. 3: Legal fireworks may not be used within any structure or building.
Subd. 4: Legal fireworks may not be used on any public property or upon property of
another without the owners prior consent.
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CHAPTER X – NUISANCES & OFFENSES
Section 1020.11: LICENSE SUSPENSION OR REVOCATION. Licenses granted
under this ordinance shall be subject to revocation if the business is conducted in violation of this
ordinance. Prior to suspension or revocation of a license, a licensee shall be afforded a hearing
before the City Council conducted in accordance with Minnesota Statute Section 15.0418 et seq.
In the event of a violation, the license may be subject to revocation, suspension not in excess of
60 accumulative days, and/or a civil fine not to exceed $1,000.00.
Section 1020.12: CRIMINAL PENALTIES. Any person, corporation or legal entity
violating any provision of this ordinance shall be guilty of a misdemeanor. In the event of a
violation by a corporation or limited liability company, the officers or managers of the entity
may be held criminally responsible for the acts of the entity.
Section 1020.13: SEVERABILITY. If any section, subsection or clause of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity and
forcibility of the remainder of this ordinance.
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