HomeMy WebLinkAbout2004-06 04-22 APfor one
April
STATE OF MINNESOTA)
ss.
Subscribed and swom to or affirmed before me
newspapers
AFFIDAVIT OF PUBLICATION
COUNTY OF CARVER)
Richard Hendrickson, being duly swom on an oath states or affirms, that he is the Chief
Financial Officer of the newspaper known as Sun -Post and has
full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
successive weeks; it was first published on Thursday, the 22 day of
2004, and was thereafter printed and published on every Thursday to and
including Thursday, the day of 2004; and printed below is a copy of the
lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
size and kind of type used in the composition and publi i e notice:
abcdergbijklmnopq
on this 29th ay of 2004.
Notary P blic
MARY ANN CARLSON
NOTARY PUBLIC MINNESOTA
MY COMMISSION EXPIRES 1-31-09
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
2.85 per line
6.20 per line
1.40 per line
City of Brooklyn Center
(Official Publication)
CITY OF BROOKLYN CENTER
Notice of Ordinance Adoption
ORDINANCE NO. 2004-06
AN ORDINANCE AMENDING SECTION 19.403 OF
THE CITY ORDINANCES OF THE CITY OF
BROOKLYN CENTER REGARDING THE SALE
AND USE OF FIREWORKS
THE CITY COUNCIL OF THE CITY OF BROOKLYN
CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 19 -403 of the City Ordinances of
the City of Brooklyn Center is hereby amended to read:
Subdivision 1. Minnesota .Statutes Sections
624.2[1]0 to 624.25 [is] are hereby adopted by reference
and shall have the same force and effect as though fully set
forth herein. 4,. ∎,.r1
Subdivision 2. Fireworks Defined. The term
"fireworks" means any substance or -a combination of sub-
stances or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, de-
flagration, or detonation, and includes blank cartridges,
toy cannons, and toy canes in which explosives are used,
the type of balloons that require fire underneath to propel
them, firecrackers, torpedoes, skyrockets, Roman candles,
daygo bombs, sparklers, other than those specified in Sub-
division [21 3, or other fireworks of like construction, and
any other fireworks containing any explosive or inflam-
mable compound, or any tablets or other device containing
any explosive substance and commonly used as fireworks.
The term "fireworks" shall not include toy pistols, toyguns,
in which paper caps containing 25/100 grains or less of ex-
plosive compound are used and toy pistol caps that contain
less than 20/100 grains of explosive mixture. The term
"fireworks" also does not include those items defined as
"consumer fireworks" in Subdivision 3.
Subdivision 3. Consumer Fireworks Defined.
The term "consumer fireworks" means wire or wood
sparklers of not more than 100 grams of mixture per item,
other sparkling items that are nonexplosive and nonaeri-
al and contain 75 grams o[f]>• less of chemical mixture per
tube or a total of 200 grams or less for multiple tunes,
snakes and glow worms, smoke devices, or trick noise-
makers, which include party streamers, party poppers,
string poppers, snappers, and drop pops, each consisting of
not more than twenty -five hundredths grains of explosive
mixture.
Subdivision 4, License Required. It is unlawful
to sell consumer fireworks without a valid license issued
by the City.
Subdivision 5 License Application. The applica-
tion for a license shall contain the followinv information•
name. address. and telephone number of applicant: the ad-
dress of the location where fireworks will be sold• the type
of consumer fireworks to be sold: the estimated quantity of
consumer fireworks that will be stored on the licensed
premises. Ifitha3 apnlicsnt to sj •'twn_the)t sines
premises' atrueand Correct Copy of the current. executed
lease. as Well as tlie'written authorization of the Property
owner for the applicant's use of the property for the sale of
consumer firawor meat be included with the application.
Subdivision 6 Processing' Application The ap-
plication must be filed with the City Manager or the Man
ager'sdesignee. together with the license fee. Following an
inspection of the premises proposed to be licensed. the City
Mmingersr_thalwaf
if the conditions for license approval are satisfied and the
Location is Properly zoned. Ifthe City Manager or the Man-
ager's desipii --denies the license application. the appli-
cant may. within ten (10) days. appeal the decision to the
City Council,
Subdivision' [4. Sale and Use of Consumer Fireworks.]
7. Prohibition On Use. [a.] The use of consumer fireworks
on public property is prohibited.
Subdivision 8. Conditions' on License.' A violation of
any condition irnparaorophs (a) through (1) of this subdi-
vision mqy be a basis for the City` to revoke the license
under subdivision 11 of this Section or may subiect the li-
censee to a penalty unde y 9 -4Q4
a lb.l Consumer fireworks 'shall not be sold to per
sons younger than 18 years of age. The age of
a purchaser must be verified by photographic
identification.
k. [c.] Consumer fireworks shall only be stored, and
sold in those areas or zones within the City
where commercial or industrial activities are
authorized under the applicable zoning laws
of the City.
p, [d.] Consumer fireworks shall only be stored in
and/or sold from buildings or retail stands
[with approved automatic sprinkler systems
and smoke detectors) that comply with Na-
tional ire Prot o ion so is 'on dard
1124 (2003 edition) as required under Minn
Stat. 4 624.20(d) (2).
d The License must be publicly displayed on the
licensed premises.
g The premises are subject to inspection bv City
employees during normal business hours
The applicant must be at least 18 years of age.
g. The applicant shall of have had a license to
sell fireworks revoked within the last
three years
The premises must be in compliance with the
States Biding Code and t r ode
i." The license is non transferable. either to a dif-
ferent person or location
Subdivision 9' License Period d Li e F Li-
censes shall be issued for a calendar year. The license fee
shall be estab i hed nn llyb resolution Lic se f s
shall not beprorated
Subdivisi n 10 Revocation ofT 'tense Following writ-
ten notice and an opnortunity for a hearing, the City Man-
ager or the Manae is designs ma y voke a licens f
olation of this Section or state law concerning the sale. use
or possession of fireworks If a license is revoked. neither
the anplicant nor the licensed premises may obtain a li-
cense for three (3) years. If the City Manager or the Man-
ager's designee revokes a license. the license holder may
with t n (10) days appeal th deri t the City Coon
Section 2. This ordinance shall become effective after
adoption and upon thirty (30) days following its legal pub
lication.
Adopted this 12th day of April 2004.
Mayor Myrna Kragness
ATTEST: City Clerk Sharon Knutson
Date of April 22, 2004
Effective Date: May 22, 2004
(Brackets indicate matter to be deleted, underline indi-
cates new matter.)
(April 22, 2004)Pl/ord 2004 -06 sec 19-403 fireworks