Firework Stand Application

General Guidelines for Fireworks Stands

Applications for Fireworks Stands will close by June 20th or before depending if the 20th is on a weekend.

1. A license for Sale of Fireworks from the State Fire Marshal’s Office must be granted and a copy of such license shall be submitted with application.

2. Must provide valid liability insurance of at least one million dollars ($1,000,000.00) with City named as additional insured party.

3. Locating stands prior to June 22 or failure to remove stands by July 9 will result in the immediate forfeiture of permit and may result in denial of future applications.

4.Fireworks stands MUST BE removed from the property by July 9th.

5. By city ordinance: Stand size is limited to 500 sq. ft.

- If the total sq. ft. of stand or a stand and a storage trailer is 500 sq. ft or less, this is allowed.

- If storage trailer is allowed, it shall be parked 25’ from the stand.

6. Sales display of fireworks – all fireworks are to be sold from within the stands. All fireworks must be displayed inside the stand.

7. Permits for sale of fireworks shall be displayed at all times.

8. Fireworks stands shall be of wood or metal frame construction covered with wood or metal.

9.Temporary stands shall not be closer than 25 feet from any building.

10.Temporary stands shall be at least 100 feet from any station where gasoline and oil for motor vehicles is sold.

11.Each stand must have at least one extinguisher with a 2A rating.

12. The area around a fireworks stand shall be kept clear of dry grass, brush and combustible debris for a distance of at least 30 feet.

13. Portable generators shall be placed at least 20 feet from firework stands.

14. Fuel storage shall be at least 20 feet away from firework stands.

15.Lighting shall be provided unless stand is not open after dusk or stand is not occupied by the public. Exit signs shall be of reflective lettering and lighting shall reflect off of the sign.

16.Parking shall be restricted around the temporary fireworks stand. (cones, barrels,banners, etc.)

17. Electrical cords supplying the temporary fireworks stand shall be protected against damage if it is exposed to vehicle traffic.

City Code Requirements

Article II. Fireworks

§16-12. Generally

It shall be unlawful for any person to possess, sell, offer for sale, bring into this City, or discharge any pyrotechnics, commonly known as fireworks other than permissible fireworks; provided, that the provisions of this section shall not apply to:

(1) Any fireworks for purposes of public exhibitions or displays purchased from a licensed distributor or the holder of a display license to be issued by the State Fire Marshal, which license shall be good only for the calendar year in which issued and which shall not authorize the holder to sell or hold for sale any permissible fireworks as defined in §16-20 or any firecrackers of any description, whether soft shell or hard shell;

(2) Any public exhibition or display under the auspices of the City of Grand Island;

(3) Any fireworks brought into this state for storage by a licensed distributor and held for sale outside of this State;

(4) Any fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal to any holder of a distributor's license; or

(5) Toy cap pistols or toy caps each of which does not contain more than twenty-five hundredths of a grain of explosive material.

§16-13. Permit to Sell Fireworks

It shall be unlawful for any person to sell or offer for sale permissible fireworks in the City without first making application to the Fire Administration Office (City Hall) for a permit and receiving a permit to do so from the Life Safety Division. Permits shall require that applicants disclose any location within the geographic boundaries of the City where they are storing fireworks for sale. Permits shall require applicants to offer proof of a valid liability insurance policy of at least one million dollars ($1,000,000.00) naming the City as an additional insured party. This policy must be in full force and effect for the entire period of lawful fireworks sales as set forth in §16‑15. Such permits shall be in accordance with the City of Grand Island Fee Schedule and shall be valid for the calendar year in which issued, and shall at all times be displayed at the place of business of the holder thereof. Such permits shall not be transferable.

Amended by Ord. No. 8895, effective 5-12-2004

Amended by Ord. No. 9386, effective 6-12-2012

Amended by Ordinance No. 9488, effective 06-17-2014

§16-14. Repealed by Ordinance No. 8895

§16-15. Dates and Times of Lawful Sale

Permissible fireworks may be sold or offered for sale in the City of Grand Island on June 28 through and including July 4 of each year. Permissible fireworks may only be sold during the following times:

• June 28 through July 2 – 8:00 a.m. to 10:00 p.m.

• July 3 – 8:00 a.m. to 11:00 p.m.

• July 4 – 8:00 a.m. to midnight

Amended by Ord. No. 9386, effective 6-12-2012

Amended by Ordinance No. 9488, effective 06-17-201

§16-16. Temporary Fireworks Stands

Any person having obtained a permit to sell permissible fireworks may sell or offer for sale such fireworks only from a temporary stand or enclosure erected or placed on real estate for that purpose. No fireworks shall be sold from permanent buildings or structures in the City. If fireworks are to be sold from a temporary stand or enclosure, such stand or enclosure shall be of wood or steel frame construction covered with metal or wood. Any temporary enclosure or stand shall be permitted only in those areas of the City zoned for business or manufacturing, and only after a permit is obtained from the Life Safety Division for the erection or placement of such temporary enclosures or stands. Such temporary enclosures or stands shall be permitted to remain on real estate where permissible fireworks are sold for only the period beginning on June 22 through and including July 9 of each year. Any such temporary stand or enclosure shall not be located closer than twenty-five feet from any building, and at least one hundred feet from any station where gasoline and oil for motor vehicles is sold. Such temporary stand or enclosure shall not exceed five hundred square feet in size. Such temporary enclosures shall only be permitted as an accessory to a permitted principal use on improved property, no vacant lots shall be utilized for sale of fireworks. Temporary stands with customer openings adjacent to a public street or sidewalk shall maintain a ten (10) foot setback to protect customers from traffic on the adjacent street or sidewalk.

Amended by Ord. No. 8895, effective 5-12-2004

Amended by Ord. No. 9386, effective 6-12-2012

Amended by Ordinance No. 9488, effective 06-17-2014

§16-16.1. Signage Required

Smoking shall not be permitted inside or within 50 feet of the temporary fireworks stand or sales area. At least one sign that reads as follows, in letters at least 2 inches in height on a contrasting background, shall be conspicuously posted on the exterior of each side of the fireworks stand:

NO SMOKING WITHIN FIFTY FEET OR

DISCHARGE OF FIREWORKS

WITHIN THREE HUNDRED FEET

OF THE PREMISES

In addition to the "no smoking" sign, at least one sign, 2 foot by 3 foot in size, on a contrasting background, shall be posted on the exterior of the fireworks stand that reads as follows:

THE GRAND ISLAND CITY CODE ALLOWS

FIREWORKS TO BE DISCHARGED ONLY ON THE

FOLLOWING DATES AND TIMES:

June 28 through July 2 – 8:00 a.m. to 10:00 p.m.

July 3 – 8:00 a.m. to 11:00 p.m.

July 4 – 8:00 a.m. to midnight

Added by Ord. No. 8895, effective 5-12-2004

Amended by Ord. No. 9386, effective 6-12-2012

Amended by Ordinance No. 9488, effective 06-17-2014

§16-17. Age Limitation for Selling Fireworks

Retail sales establishments shall, at all times, be supervised by a person of at least sixteen (16) years of age. Failure to comply with this regulation may result in immediate revocation of the retail license.

§16-18. Discharging Fireworks Where Sold

It shall be unlawful for any person to discharge fireworks in or upon the premises where fireworks are sold or within three hundred (300) feet of the premises.

Amended by Ord. No. 8895, effective 5-12-2004

Amended by Ord. No. 9386, effective 6-12-2012

§16-19. Explosives; Throwing Prohibited

It shall be unlawful for any person to throw any firecracker, or any object which explodes upon contact with another object: (1) from, at, or into a motor vehicle; (2) onto any street, highway, or sidewalk; (3) at or near any person; (4) into any building; or (5) into or at any group of persons.

§16-20. Definitions

Permissible fireworks shall mean only sparklers, vesuvius fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charge for the purpose of making a noise, firecrackers not to exceed two inches in length and three-eighths of an inch in diameter, total pyrotechnic composition not to exceed 50.0 milligrams each in weight, color wheels, and any other fireworks approved under Section 28-1241(7) and 28-1247 of the Nebraska Revised Statutes. See also Rules and Regulations concerning fireworks in the State of Nebraska Administrative Code, Title 157.

Person as used in this Article shall include any person, firm, partnership, association of persons, or corporation.

Sale shall include barter, exchange, or gift or offer therefor, and each such transaction made by any person whether as principal, proprietor, agent, servant, or employee.

Amended by Ord. No. 8895, effective 5-12-2004

Amended by Ord. No. 9386, effective 6-12-2012

§16-21. Repealed by Ordinance No. 8895

§16-22. Discharge of Fireworks

Permissible fireworks may be discharged, exploded, or used in the City of Grand Island on June 28 through and including July 4 of each year; provided that on such days the discharge and explosion of fireworks shall be permitted during the following times:

• June 28 through July 2 ……………………… 8:00 a.m. to 10:00 p.m.

• July 3 ……………………………………….. 8:00 a.m. to 11:00 p.m.

• July 4 ………………………………………… 8:00 a.m. to midnight

The discharge of fireworks within the City of Grand Island on any dates or times other than as set out in this section shall require a permit from the Life Safety Division. Public exhibition applications shall be accompanied by documentation of a display license issued by the State Fire Marshal. Private party display applications will not require a State Fire Marshal license, but displays will be limited to permissible fireworks as described in §16-20 of this Article. Applicant shall also show that there will not be any substantial danger to people or property. Factors that will be considered when reviewing an application will include, but not be limited to, where the fireworks will be discharged, the procedures used to discharge the fireworks and the qualifications of the individuals discharging the fireworks.

Amended by Ord. No. 8895, effective 5-12-2004

Amended by Ord. No. 9386, effective 6-12-2012

Amended by Ordinance No. 9488, effective 06-17-2014

§31-21. Signs on Poles, Trees, Etc.

No person shall post, print, nail, or otherwise fasten any handbill, sign, poster, advertisement or notice of any kind whatsoever, or cause the same to be done, on any curbing, or any portion or part of any sidewalk, or street, or upon any tree, electrolier, telegraph pole, telephone pole, electric pole, hydrant, bridge, pier, or upon any structure within the limits of any street in the City, except as may be otherwise permitted by the provisions of this Code or other ordinances of the City.

§31-31. Free Standing Ground Signs Prohibited

It shall be unlawful for any person to place or permit to be placed upon premises any free standing ground sign. For the purposes of this section, "free standing ground sign" shall mean any ground sign which is not permanently attached or fixed to the ground in excess of 15 square feet; provided, however, this section shall in no way prohibit the placement of mobile signs as defined by §31-32.

§31-32. Mobile Signs

(1) General. The placement of mobile signs shall be in accordance with all requirements of the Grand Island City Code. Furthermore, no mobile sign shall be placed or used at any location except as allowed in this section and only after obtaining a permit therefor from the City building department.

§16-16.1. Signage Required

Smoking shall not be permitted inside or within 50 feet of the temporary fireworks stand or sales area. At least one sign that reads as follows, in letters at least 2 inches in height on a contrasting background, shall be conspicuously posted on the exterior of each side of the fireworks stand:

NO SMOKING OR DISCHARGE OF FIREWORKS ON THE PREMISES

or

NO SMOKING WITHIN FIFTY FEET OR

DISCHARGE OF FIREWORKS

WITHIN THREE HUNDRED FEET

OF THE PREMISES

In addition to the "no smoking" sign, at least one sign, 2 foot by 3 foot in size, on a contrasting background, shall be posted on the exterior of the fireworks stand that reads as follows:

THE GRAND ISLAND CITY CODE ALLOWS

FIREWORKS TO BE DISCHARGED ONLY ON THE

FOLLOWING DATES AND TIMES:

June 28 through July 2 – 8:00 a.m. to 10:00 p.m.

July 3 – 8:00 a.m. to 11:00 p.m.

July 4 – 8:00 a.m. to midnight

Applications for Fireworks Stands will close by June 20th or before depending if the 20th is on a weekend.

All required signs will be legible and weather resistant.