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HomeMy WebLinkAbout15.D.1. Amendment to City Code Regarding Fireworks Sales-Ord. No. 693 CITY OF SHAKOPEE IS; D. I. Memorandum <,~ CASE NO.: NA ~'i \~ til TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Fireworks Sales MEETING DATE: January 20, 2004 REVIEW PERIOD: Not applicable as an application is not pending INTRODUCTION: Fire Inspector Tom Pitschneider proposes the following changes to the City's current fireworks ordinance. The purpose of the changes is to conform the City's regulations to state regulations. ALTERNATIVES: 1. Offer and approve Ordinance No. 693, an ordinance relating to the sale of fireworks as presented. 2. Offer and approve Ordinance No. 693, an ordinance relating to the sale of fireworks with revisions. 3. Do not pass Ordinance No. 693. 4. Table the matter for additional information. ACTION REQUESTED: Offer Ordinance No. 693, An Ordinance Pertaining To The Sale of Consumer Fireworks, and move its adoption. /f~ R. Michael Leek Community Development Director ORDINANCE NO. 693, FOURTH SERIES AN ORDINANCE PERTAINING TO THE SALE OF CONSUMER FIREWORKS, AMENDING SECTION 10.38 OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. Section 10.38 of the Shakopee City Code is amended to read as follows. New language is underlined; language to be removed is struck through. SEC. 10.38. CONSUMER FIREWORKS Subd.l. Purpose. Due to the inherent risks of fire and injury to persons and property associated with the sale, possession and use of fireworks, the city council has determined that it is necessary and in the interest of public health, safety and welfare to establish reasonable regulations concerning fireworks. Subd. 2. Definitions. For purposes ofthis section, the following definitions shall apply: "consumer fireworks" are defined as: Consumer Fireworks: Wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, snakes, and glow works, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than twenty-five hundredths grains of explosive mixture. Large Facility: A facility where the net weight of lJyrotechnics compound greater than 125 pounds is stored or displayed (net weight of pyrotechnics compound in fully sprinklered facilities greater than 250 pounds). Ifthe net weight is not available 25% ofthe gross weight shall be used to calculate the weight of pyrotechnics compound. Small Facility: A facility where the net weight of lJyrotechnics compound of 125 pounds or less is stored or displayed (net weight of pyrotechnics compound in fully sprinklered facilities of250 pounds or less). Ifthe net weight is not available 25% ofthe grOSS weight shall be used to calculate the weight of pyrotechnics compound. Subd. 3. Permit Required. It is unlawful for any person to sell, offer for sale, expose for sale, or sell at retail or wholesale any consumer fireworks in the City of Shakopee without first having obtained a permit from the Shakopee Fire Prevention Bureau. Subd. 4. Permit Application. The applicant shall completely fill out and submit an application form for a consumer fireworks permit prepared by the City. Information to be submitted as part of the permit application includes, but is not necessarily limited to the following information: name, address and telephone number of the applicant; address of location where the fireworks will be sold; a description of the fireworks to be sold; estimated weight and quantity of the fireworks that will be stored on the premises; description of the premises and facility from which the fireworks are proposed to be sold; and permission from the person legally responsible for the property on which such sale is to take place for the use of the property. Applications must be made a minimum of five (5) days prior to the date when the activity is to commence. Subd.S. Conditions of Permit. A permit to sell consumer fireworks shall be issued only upon the following terms and conditions: A.) General Conditions. 1. A determination by the Shakopee Fire Prevention Bureau that the location where the consumer fireworks are to be stored or sold is not hazardous to property or endangers any person. 2. Any permit issued is non-transferable, either to a different person or location. 3. The permit must be publicly displayed on the premises. 4. The premises are subject to inspection by city employees during normal business hours of the premises. for the purpose of inspecting the building or property and for the purpose of checking for violations of this Section. Upon request. the licensee must provide a test sample to the inspector for the purpose of verifying the chemical content of the merchandise. 5. The sale of consumer fireworks is permitted only in those areas or zoning districts where commercial or industrial activities are authorized under the applicable zoning regulations of the City. 6. Storage of consumer fireworks on the premises must be in compliance with the Minnesota State Fire Code Uniform Fire Code. 7. The premises must be in compliance with the Minnesota State Fire Code and the Minnesota State Building Code Uniform Fire Code and Uniform Building Code. 8. Consumer fireworks shall not be sold to persons under the age of 18. 9. No sales of consumer fire\vorks will be permitted from temporary structures, tents, or canopies. B.) Conditions for Large Facilities. 1. Large facilities shall meet the reauirements of Minnesota Statute Section 624.20. C.) Conditions for Small Facilities. 1. Small facilities shall be limited to Group B and Group M occupancies when located in permanent structures. The occupancv class shall be determined based on the requirements of the Minnesota State Building Code. 2. A site plan for the small facilities shall be provided with the permit application. 3. Small facilities shall only be permitted in structures not exceeding one story in height when the structure is of permanent construction. Retail sales shall not be allowed in basements. 4. Where small facilities are located in a tent. canopy or membrane structure. the structure shall comply with the Minnesota State Fire Code. 5. Where small facilities are located in multiple-tenant buildings. the minimum separation from other tenants shall be by a fire barrier with a minimum fire resistance rating of I-hour. Where the structure is provided with a fire sprinkler system designed and installed in accordance with NFP A 13 the barrier shall not be required to be rated. 6. Portable fire extinguishers are required. Maximum travel distance to a fire extinguisher in a permanent structure shall be 75 feet and in temporary facilities shall be 35 feet. All small facilities shall have a minimum of one 2A:20BC fire extinguisher. 7. Small facilities shall be located so that no {>ortion of an exterior wall of the structure. sidewall of a tent. or other defined perimeter or the facility shall be located more than 150 feet from a public way or an approved fire apparatus access road. 8. Combustible materials including dry grass. dry brush and combustible debris shall be kept a minimum of 30 feet from any small facility. 9. Parking of vehicles or trailers is prohibited within 10 feet of small facilities. 10. No fireworks shall be discharged within 300 feet ofthe facility. At least one (1) sign shall be conspicuously posted on the exterior of each side of the facility. This sign shall have letters at least 4 inches in height on a contrasting background and shall read: NO FIREWORKS DISCHARGE WITHIN 300 FEET 11. Smoking shall be prohibited within the premises. When the sales area is enclosed within or protected under any temporary structure. tent or canopy smoking shall also be prohibited within 25 feet of any portion of the premises. No smoking signs shall be posted at each entrance and throughout the sales area. 12. Minimum setback from any lot line shall be 20 feet. unless the facility is located in a permanent building. 13. Minimum setback from any other structure shall be 20 feet. unless the facility is located in a permanent building. 14. Minimum setback from motor vehicle fuel-dis{>ensing station dispensers. propane-dispensing station. compressed natural gas dispensing station and propane cylinder exchange enclosures shall be 25 feet. 15. Small facilities shall be provided with a minimum of 2 exits. The minimum exit width shall be 32 inches. All exits shall be provided with internally or externally illuminated or self-luminous exit signs. The means of egress shall be provided with emergency lighting. 16. Travel distance to an exit shall not exceed 75 feet. When the facility is located in a temporary structure and the gross floor area exceeds 800 square feet the maximum travel distance to an exit shall not exceed 35 feet. 17. Aisles shall have a minimum clear width of 36 inches. In retail sales stands where the interior is not accessible to the public the minimum clear aisle width shall be not less than 28 inches. 18. Merchandise and display fixtures shall be limited to 6 feet in height within the consumer fireworks retail sales area. 19. All fireworks shall be contained in their original packaging. Damaged packages shall be removed from sale. The sale of unpackaged fireworks is prohibited. 20. Electrical equipment shall meet applicable codes. 21. Heating sources shall be listed and shall be used in accordance with their listing. Temporary heat sources shall have tip-over and temperature- overheat protection. Open-flame and exposed-element heating devices are prohibited. 22. Portable generators and their fuels shall be located not less than 20 feet from any Small Facility. 23. Cooking equipment of any type shall not be permitted within 20 feet of any temporary facility. 24. Small Facilities shall be secured when unoccupied and not open for business, unless fireworks are not kept in the facility during such times. 25. Minimum of50% of the floor area of the premises shall be open space that is unoccupied by fireworks displays and is used for aisles and cross-aisles. 26. Housekeeping shall be kept neat and orderly at all times. 27. Safety training shall be provided to all personnel handling consumer fireworks. 28. Any person selling consumer fireworks shall not knowingly sell consumer fireworks to any person who is obviously under the influence of alcohol or drugs. 29. Inventory records shall be maintained and shall be available for inspection upon request. Subd. 6. Permit Fee. The permit fee shall be in the amount set forth in the City of Shakopee Fee Schedule. Permits shall be issued for a calendar year (January to December) and will not be prorated. Subd.7 Violations. A violation of any of the conditions of a permit shall be cause for revocation of the permit. Sales without a permit or sales after the revocation of a permit shall be punishable as a misdemeanor. Section 2. Summary Approved. The City Council hereby determines that the text of the summary ordinance marked "Official Summary of Ordinance 693", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect ofthe ordinance. Section 3. Posting and Filing. A copy ofthis ordinance is filed in the office ofthe City Clerk and a copy is provided to the Shakopee Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours. Section 4. The City clerk shall publish the title ofthis ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and Shakopee Library. Section 5. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of ,2004. Mayor of the City of Shakopee ATTEST: City Clerk Official Summary of Ordinance No. 693 The following is the official summary of Ordinance No. 693, Fourth Series, approved by the City Council ofthe City of Shako pee, Minnesota, on January 20,2004. ORDINANCE 693, FOURTH SERIES AN ORDINANCE PERTAINING TO THE SALE OF CONSUMER FIREWORKS, AMENDING SECTION 10.38 OF THE CITY CODE 1. Adds definitions for Large and Small Consumer Fireworks Retail Sales Facilities. 2. Provides General Conditions for the issuance of a Consumer Fireworks Retail Sales Permit and provides conditions for both Large and Small Facilities. 3. Clarifies that permits are valid for a calendar year (January to December). 4. Provides penalties for sales without a permit or sales after revocation of a permit. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Shakopee Library.