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HomeMy WebLinkAbout2004-06 04-12 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12th day of April 2004 at 7 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to fireworks. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 -569 -3300 to make arrangements. 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[110 to 624.25 [i] are hereby adopted by reference and shall have the same force and effect as though fully set forth herein. Subdivision 2. Fireworks Defined. The term "fireworks" means any substance or a combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, 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 Subdivision [2] 3, or other fireworks of like construction, and any other 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" shall 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 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 nonaerial and contain 75 grams o[ :]r 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 noisemakers, 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. ORDINANCE NO. 2004 -06 Subdivision 4. License Required. It is unlawful to sell consumer fireworks without a valid license issued by the City. Subdivision 5. License Application. The application for a license shall contain the following information: name, address, and telephone number of applicant; the address 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. If the applicant does not own the business premises, a true and correct copy of the current, executed lease, as well as the written authorization of the property owner for the applicant's use of the property for the sale of consumer fireworks must be included with the application. Subdivision 6. Processing Application. The application must be filed with the City Manager or the Manager's designee, together with the license fee. Following an inspection of the premises proposed to be licensed, the City Manager or the Manager's designee shall issue the license if the conditions for license approval are satisfied and the location is properly zoned. If the City Manager or the Manager's designee denies the license application, the applicant may, within ten (10) days, appeal the decision to the City Council. Subdivision [fil. Sal.c, .1 Tier 1 7. Prohibition on Use. The use of consumer fireworks on public property is prohibited. Subdivision 8. Conditions on License. A violation of any condition in paragraphs (a) through (i) of this subdivision may be a basis for the City to revoke the license under subdivision 11 of this Section or may subject the licensee to a penalty under Section 19 -404. a. [b Consumer fireworks shall not be sold to persons younger than 18 years of age. The age of a purchaser must be verified by photographic identification. b. 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. c. [a.] Consumer fireworks shall only be stored in and/or sold from buildings or retail stands i1: o ed tip: sprinkler system s a d smoke detectors] that comply with National Fire Protection Association Standard 1124 (2003 edition) as required under Minn. Stat. 624.20(d) (2). d. The license must be publicly displayed on the licensed premises. e. The premises are subject to inspection by City employees during normal business hours. f. The applicant must be at least 18years of age. The applicant shall not have had a license to sell fireworks revoked within the last three years. ORDINANCE NO. 2004 -06 h. The premises must be in compliance with the State Building Code and State Fire Code. i. The license is non transferable, either to a different person or location. Subdivision 9. License Period and License Fee. Licenses shall be issued for a calendar year. The license fee shall be established annually by resolution. License fees shall not be prorated. Subdivision 10. Revocation of License. Following written notice and an opportunity for a hearing, the City Manager or the Manager's designee may revoke a license for violation of this Section or state law concerning the sale, use or possession of fireworks. If a license is revoked, neither the applicant nor the licensed premises may obtain a license for three (3) years. If the City Manager or the Manager's designee revokes a license, the license holder may within ten (10) days appeal the decision to the City Council. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 12 day of April 2004. ATTEST: )yleoitvc City Clerk Date of Publication: April 22, 2004 Effective Date: May 22, 2004 (Brackets indicate matter to be deleted, underline indicates new matter.) Mayor ff