CHAPTER 101. FIREWORKS
[HISTORY: Adopted by the City Council of the City of Kellogg at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
§ 101-1. Definitions.
For the purpose of this chapter, the terms used hereing shall have the meanings of the terms as contained in Minn. Stat. § 624.20.§ 101-2. Permit required.
No person shall sell or possess for sale fireworks without first having an annual permit from the City.A. The designated Fire Official shall give final approval or denial of an application for the manufacture, storage for commercial purposes or sale of fireworks within 30 days of such application being made to the City.
B. Permits shall be issued for the calendar year applied for and shall be issued on May 1.
C. Prior to processing the application, a criminal records check shall be conducted. Neither the applicant(s) nor the responsible parties for the permit shall have been convicted of a felony or a fire- or fireworks-related misdemeanor within the last three years. All information resulting from said Minnesota Computerized Criminal History Check will be maintained at the Wabasha Police Department.
D. Prior to processing the application, the designated Fire Official shall determine that the proposed location is code compliant.
E. The applicant shall include a letter from the person legally responsible for the property on which the fireworks-related activity would occur. The letter shall grant permission to the applicant for the use of the property.
§ 101-3. Use and possession.
A. It is unlawful to use, fire or discharge any fireworks along the route of and during any parade, in any place of public assembly, on any public property, or in any commercial/industrial zoning district, except as provided in § 101-4, in accordance with Minn. Stat. §§ 624.20 through 624.25.
B. It is unlawful at any time to throw, toss or aim any fireworks at any person, animal, vehicles or other thing or object, or to use them in any manner that may threaten or cause possible harm to life or property.
C. The discharge of fireworks shall be prohibited inside a building and within 15 feet of any building.
D. The Fire Official may ban fireworks if dry or windy conditions occur.
E. Juveniles may not possess fireworks unless under the direct supervision of a responsible adult.
F. Fireworks may not be discharged in such a manner that may create a nuisance nor between the hours of 12:00 a.m. to 7:00 a.m. Fireworks use shall also be subject to any additional ordinances such as noise and/or assembly.
§ 101-4. Fireworks displays.
A. Fireworks displays by the City, or other organizations, are allowed in accordance with Minn. Stat. §§ 624.20 through 624.25.
(1) A fireworks display may be conducted only when supervised by an operator certified by the state's Fire Marshal.
(2) An application for a permit must be made in writing to the Municipal Clerk/Treasurer at least 15 days in advance of the date of the display.
(3) After a permit has been granted, sales, possession, use and distribution of fireworks for a display are lawful for that purpose only. A permit is not transferable.
§ 101-5. Violations and penalties.
A. Materials that violate and/or pose a threat to public safety may be confiscated and destroyed. Costs associated with disposal shall be assessed back to the property owner or permit holder.
B. Violations of this chapter or state statute may result in revocation of the permit.
C. Any person violating the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable as provided in Chapter 1, Article III, General Penalty. Each incident shall be a separate violation.