Recreational fires shall not be conducted within 25 feet of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions, which could cause a fire to spread within 25 feet of a structure, shall be eliminated prior to ignition. A responsible adult shall constantly attend to all recreational fires until the fire is extinguished. Recreational fires can be no larger than 3 feet wide and flames no higher than 3 feet. A garden hose, water supply or a fire extinguisher shall be readily available to extinguish the fire if need be. Only clean firewood may be burned. Burning of garbage is not allowed.
Hastings City Code Chapter 5 Section 5.53
Section 1. Purpose. The purpose of this Section is to regulate the sale, storage, display, and possession of permitted consumer fireworks in order to protect the health, safety, and welfare of the general public. The City Council makes the following findings regarding the need to license and regulate the sale, distribution, storage, and display of fireworks permitted under State Law.
Consumer fireworks contain pyrotechnic chemical compositions that are combustible; accordingly, the unregulated accumulation, storage, display, use, and sale of these items present a fire safety hazard; and
The improper disposal of consumer fireworks presents environmental hazards; and
Due to their short-term and mobile nature, it is more difficult and demanding of City staff and public safety resources to enforce compliance with City ordinances and state law for temporary and transient sales of consumer fireworks than it is for established, permanent businesses.
Section 2. Definition. For the purposes of this section, “Consumer Fireworks” will have the same definition as contained in Minnesota Statutes, Section 624.20, Subd. 1 (c), and as may be amended. Wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are non-explosive and non-aerial and contain 75 grams or less of chemical mixture per tube or a total of 200 grams or less for multiple tubes, these include:
a. Cylindrical Fountain. Upon ignition, a shower of colored sparks or smoke and sometimes a whistling effect is produced. b. Cone Fountain. The effect is the same as that of a cylindrical fountain. When more than 1 cone is mounted on a common base, total pyrotechnic composition may not exceed 200 grams.
c. Illuminating Torch.
d. Wheel. Pyrotechnic device intended to be attached to a post or tree by means of a nail or string. Upon ignition, the wheel revolves, producing a shower of color and sparks and sometimes, a whistling effect.
e. Ground Spinner. Small device venting out an orifice usually on the side of the tube. Similar in operation to a wheel but intended to be placed flat on the ground and ignited. The rapidly spinning device produces a shower of sparks and color.
f. Flitter Sparkler. Narrow paper tube attached to a stick or wire that produces color and sparks upon ignition. The paper at one end of the tube is ignited to make the device function.
g. Flash/Strobe. Emit a bright light.
h. Novelty items such as snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers snappers, and drop pops, each consisting of not more that twenty-five hundredths grains of explosive mixture. =
Section 3. License Required. No person shall sell or possess for sale or store “consumer” fireworks, as defined in this section, without first having obtained a license from the City of Hastings. It is unlawful to sell fireworks in the City of Hastings in violation of Minnesota Statutes, Section 624.20 through 624.25, inclusive, which are adopted by reference.
Section 4. License Application. The application for a license for the storage and sale of fireworks shall be made to the City Clerk on the form(s) approved by the City of Hastings and shall include:
The name, address, and phone number of the applicant;
The address of the proposed location where the fireworks are to be sold or stored, if different locations;
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 permitted fireworks;
A sketch of the sales location showing where the fireworks are proposed to be displayed, the proposed amount of fireworks to be on the premises at any one time (including but not limiting a list documenting the name, weight, and quantity of fireworks, accompanied by applicable Material Safety Data Sheets), and any other information deemed relevant by the City’s Fire Marshal regarding fire safety on the premises. This information shall also be made available to all employees and produced immediately upon request from any public safety official.
Completion of applicable release forms which authorizes the City of Hastings of conduct a background criminal record check on the applicant(s).
The Fire Marshal will perform a fire code compliance inspection of the entire property prior to issuance of license. The Fire Marshal shall have 30 days notice to perform inspections. If 30 days notice is not given, an application may not be approved.
Section 5. Sales and Storage of Fireworks
No person shall sell or store fireworks within100 feet of any fuel dispensing apparatus;
It shall be unlawful for any seller of any fireworks to permit smoking at any site containing fireworks. At least two “No Smoking” signs must be conspicuously posted and approved fire extinguishers must be readily available and operational.
There shall be at least two (2) fully accessible exits from all buildings from which fireworks are stored or sold.
The proposed premises must be in compliance with the State Building Code and the State Fire Code.
The sale of consumer fireworks is only permitted in the C-1, C-2, C-3 and C-4 zoning districts.
There shall be no storage or sale of consumer fireworks from structures of mixed occupancy when one of the occupancies is an ‘R’ (residential).
Transient sales of consumer fireworks are prohibited unless the applicant is able to comply with National Fire Protection Association (NFPA) Standard 1124.
Where consumer fireworks storage is located in a building containing other tenants, the consumer fireworks storage area shall be separated from the other tenants by fire barriers having a fire resistance rating of not less than 2 hours. (NFPA 1124 sect. 220.127.116.11)
Openings in the fire barriers shall not be permitted. (NFPA 1124 sect. 18.104.22.168.1)
Doors in the means of egress shall be at least 36” wide and kept free of obstructions. (NFPA 1124 sect. 22.214.171.124)
Exit doors shall be equipped with panic hardware. (NFPA 1124 sect. 126.96.36.199)
Exit doors shall be unlocked when the building is occupied. (NFPA 1124 sect. 188.8.131.52)
The operator of each consumer fireworks storage or work building shall prepare a written emergency response plan that provides specific directions to be followed in the event of a fire. (NFPA 1124 sect. 6.11.7)
Consumer fireworks retail sales and storage areas shall not be located within 300 ft. of any aboveground bulk storage or bulk dispensing area for the following: (1) Flammable or combustible liquid
a. Flammable gas
Flammable liquefied gas (NFPA 1124 sect. 184.108.40.206)
Cooking equipment of any type shall not be permitted within 20 feet of tents, canopies, or membrane structures used for the storage or sale of consumer fireworks. (NFPA 1124 sect. 220.127.116.11)
9. Open flame cooking equipment of any type shall not be allowed within 50 feet of tents, canopies, or membrane structures used for the storage or sale of consumer fireworks. (NFPA 1124 sect. 18.104.22.168)
Sale displays of consumer fireworks shall not be placed near business exits.
When approved by the Fire Marshal, continuous storage of consumer fireworks over one hundred (100) lbs. net of pyrotechnic composition or four hundred (400) lbs. gross weight shall be allowed in an approved structure within the Hastings Industrial Park.
Section 6. Processing Application. The application must be filed, together with the full license fee and any other applicable fees, with the City Clerk. Following an inspection of the premises proposed to be licensed, the application shall be forwarded to the City Council of the City of Hastings for approval or denial.
Section 7. Terms and Conditions of Fireworks License. A license for the storage or retail sale of consumer fireworks will be issued upon the applicant meeting the following terms and subject to the following conditions:
Neither the applicant nor the responsible party for the license shall have been convicted of a felony, unless the conviction was discharged pursuant to; and/or the applicant or responsible party shall not have had a license to sell fireworks revoked within the last three (3) years.
The license is non-transferable, either to a different party or a different location.
The license must be clearly and publicly displayed on the licensed premises.
The applicant must be at least 18 years of age when application is made.
Consumer fireworks must not be sold to persons under the age of 18. Photo identification must be checked with each sale.
All sales must take place in a building which meets all applicable provisions of the State Building Code and the State Fire Code.
In buildings without an approved, automatic fire sprinkler system throughout, consumer fireworks will be limited to fifty (50) lbs. net or two hundred (200) lbs. gross weight if the pyrotechnic mixture weight is not known.
In buildings with an approved automatic fire sprinkler system throughout, consumer fireworks will be limited to one hundred (100) lbs. net or four hundred (400) lbs. gross weight if the pyrotechnic mixture is known.
All licensees shall be responsible for the actions of their employees with regards to the sale of consumer fireworks on the licensed premises, and for purposes of this ordinance, the sale of consumer fireworks by an employee will be considered a sale by the license holder.
Section 8. Discharge Rules and Regulations
It is unlawful to throw or toss any consumer fireworks at any person, animal, vehicle, thing, or object.
It is unlawful to throw or toss any consumer fireworks from a moving vehicle.
Juveniles may not possess consumer fireworks unless under the direct supervision of a responsible adult.
The Fire Chief or Fire Marshal may ban consumer fireworks displays and use of consumer fireworks if it is deemed that safety conditions exist.
It is unlawful to use or discharge any consumer fireworks along the route of and during any parade or at any place of public assembly or in any commercial/industrial district.
It is unlawful to use or discharge any consumer fireworks on public property without prior written consent of the Fire Marshal.
It is unlawful to use or discharge consumer fireworks of any kind inside of any structure.
It is unlawful to use or discharge consumer fireworks of any kind between the hours of 11:00 p.m. and 8:00 a.m.
Section 9. Violations and Penalties. Upon discovery of a violation of this ordinance, or pursuant to a compliance check, the licensee will be issued an administrative citation. Each violation, and every day in which a violation occurs or continues will constitute a separate offense.
Subd. 1. For purposes of determining the number of occurrences of violations, the City Council shall consider a violation as a second occurrence if it occurred within 18 months of the first violation and shall consider a violation a third violation if it occurred within 30 months of the second violation. The City Council shall consider a violation a fourth violation if it occurred within 30 months of the third violation.
a. First Violation—the licensee shall pay a civil fine established by Council resolution.
b. Second Violation—the licensee shall pay a civil fine established by Council resolution.
c. Third Violation—the licensee shall pay a civil fine of established by Council resolution and shall have its license suspended for three consecutive days.
d. Fourth Violation—the licensee’s license shall be revoked.
Subd. 2. All administrative fees imposed by this ordinance are to be paid within 60 days of the date of citation or not later than 30 days after the date of any written decision following the appeal process. Failure to pay any fee imposed herein within the time limits established will result in a license suspension until the date of payment.
Subd. 3. Nothing in this ordinance prevents the City Council from imposing a harsher penalty than those established by ordinance or resolution herein.
Subd. 4. In addition to any administrative citation and penalty imposed herein, the City reserves the right to also issue a criminal citation to any person who violates a provision of this city code section or any state law regarding the storage, display, or sale of consumer fireworks.
Section 10. Right of Hearing. Within twenty calendar days of the date of the written notice of violation, any cited party may request an opportunity to appeal the violation. Said request for appeal must be in writing and must be submitted to the City Clerk. The City Clerk will place the item on the agenda of the next regularly scheduled City Council meeting. Upon review, the City Council may affirm, modify, or overrule the initial determination of penalty.
Subd. 1. Licenses shall be issued on a calendar year basis.
Subd. 2. License fees will not be prorated.
Subd. 3. License fees will be established by Council resolution.
Section 12. Severability and Savings Clause. If any section or portion of this ordinance shall be found unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an invalidation or affect the validity and enforceability of any other section of provision of this ordinance.
Section 13. Application of Ordinance Provisions. The provisions of this ordinance shall apply to all applications of any nature to sell consumer fireworks which are pending on the effective date of this ordinance, as well as those applications which may have been granted prior to the effective date of the ordinance.
VIOLATION A MISDEMEANOR
Every person who violates a section, subdivision, paragraph, or provision of this chapter when they perform an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof shall be punished as for a misdemeanor.
This ordinance was adopted by the Hastings City Council on this 15th day of March, 2003.