Waverly's 2021 Consumer Fireworks Limitations
posted in City of Waverly on June 23, 2021
Please have consideration of your neighbors and others when you are discharging consumer fireworks and only do so on the following dates and times:
* On July 3rd and July 5th between the hours of Noon and 10:00 p.m.
* On July 4th between the hours of Noon and 11:00 p.m.
The entire section regarding Fireworks from the Waverly Municipal Code is below:
Section 104.4 Public Health and Safety
SEC. 104.4.01 FIREWORKS.
1. Definitions. For purposes of this Section:
a. "Consumer Fireworks" includes first-class consumer fireworks and second-class consumer fireworks as those terms are defined in Section 100.19, subsection 1, Code of Iowa. “Consumer fireworks” does not include novelties enumerated in Chapter 3 of the American Pyrotechnics Association’s Standard 87-1 or display fireworks enumerated in Chapter 4 of the American Pyrotechnics Association’s Standard 87-1.
b. “Display fireworks” includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes fireworks containing any explosive or flammable compound, or other device containing any explosive substance. “Display fireworks” does not include novelties or consumer fireworks enumerated in Chapter 3 of the American Pyrotechnics Association’s Standard 87-1.
c. “Novelties” includes all novelties enumerated in chapter 3 of the American Pyrotechnics Association’s Standard 87-1, and that comply with the labeling regulations promulgated by the United States consumer product safety commission.
2. Display Fireworks.
a. A person, firm, partnership, or corporation who offers for sale, exposes for sale, sells at retail, or uses or explodes any display fireworks, commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars unless the City Administrator, having received an application in writing, grants a permit for the display of display fireworks by fair associations, amusement parks, and other organizations or groups of individuals approved by the City when the display fireworks will be handled by a competent operator. No such permit shall be required for the display of display fireworks at incorporated county fairs or at district fairs receiving state aid. Sales of display fireworks for such display may be made for that purpose only.
b. No permit for the display of display fireworks involving City property shall be granted without the Operator procuring and maintaining in force during the event a policy of liability insurance which must be in the amount of at least $500,000. The certificate of liability insurance shall name the City of Waverly as an additional insured.
c. A person who uses or explodes display fireworks without a permit commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
d. A person who uses or explodes display fireworks while the use of such devices is suspended by an order of the state fire marshal commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars.
3. Consumer Fireworks.
a. A person or a firm, partnership, or corporation may possess, use, or explode consumer fireworks in accordance with this subsection and subsection 4.
b. A person, firm, partnership, or corporation who sells consumer fireworks to a person who is less than eighteen years of age commits a simple misdemeanor, punishable by a fine of not less than two hundred fifty dollars. A person who is less than eighteen years of age who purchases consumer fireworks commits a simple misdemeanor.
c. A person who uses or explodes consumer fireworks or novelties while the use of such devices is prohibited or limited by subsection 4 in Waverly commits a simple misdemeanor.
d. A person who uses or explodes consumer fireworks or novelties while the use of such devices is suspended by an order of the state fire marshal commits a simple misdemeanor.
a. No person shall discharge a consumer fireworks device outside the following dates and times:
1. On July 3rd and July 5th between the hours of Noon and 10:00 p.m.
2. On July 4th between the hours of Noon and 11:00 p.m.
3. December 31st (New Year’s Eve) from Noon to 12:30 a.m. on January 1st.
b. No person under the age of 18 shall discharge consumer fireworks intended for use by the general public (1.4G Explosives, as defined by the American Pyrotechnics Association, and formerly known as Class C common fireworks) without adult supervision.
c. A person shall only discharge a consumer fireworks device on real property they own or on property where consent has been given by the owner of that property.
d. Consumer fireworks shall not be discharged by persons showing visible signs of, or determined to be, intoxicated or under the influence of alcohol, drugs or narcotics.
e. Any person discharging consumer fireworks, or supervising a child discharging consumer fireworks, assumes all responsibility for the adverse consequences of such discharge. No person shall discharge consumer fireworks in a negligent or reckless manner likely to cause death, injury, fire, property damage or littering.
f. A person who violates this subsection commits a simple misdemeanor. A court shall not order imprisonment for violation of this section.
a. This section does not prohibit the sale by a resident, dealer, manufacturer, or jobber of such fireworks as are not prohibited by this ordinance, or the sale of any kind of fireworks if they are to be shipped out of the state, or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization.
b. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
c. Unless specifically provided otherwise, this section does not apply to novelties.
Ordinance 1079 09/29/20