[R.O. 2012 §210.010; CC 1975 §11-2; Ord. No. 34 §§1 — 4]
A.
CONSUMER FIREWORKS
DISPLAY FIREWORKS
For
the purposes of this Section, the term "fireworks" shall have the following meanings ascribed to it:
Explosive devices designed primarily to produce visible or
audible effects by combustion and includes aerial devices and ground
devices, all of which are classified as fireworks, UNO336, within
49 CFR Part 172.
Explosive devices designed primarily to produce visible or
audible effects by combustion, deflagration or detonation. This term
includes devices containing more than two (2) grains (130 mg) of explosive
composition intended for public display. These devices are classified
as fireworks, UN 0333 or UN 0334 or UNO335, within 49 CFR Part 172.
B.
It
shall be unlawful for any person knowingly to fire, explode, discharge
or otherwise set off any article of fireworks within the City, except
pursuant to a permit issued by the City Council.
C.
The
City Council, upon petition, may grant permits to responsible persons
who are experienced in the handling and use of fireworks, authorizing
them to set off fireworks for exhibition purposes at fairs, celebrations
and ceremonies at which the public attending shall be kept at a safe
distance from the place where the fireworks are set off and all necessary
precautions are observed for the safety of persons and property.
D.
Any
person desiring to provide a fireworks display, with or without admission
charge, shall make written application so to do to the City Council
at a regular meeting at least fifteen (15) days prior to the date
of such display. Each such application shall contain, among other
things:
1.
The name of the organization sponsoring the display;
2.
The place or premises where such display is to be held;
3.
The day on which the display is to take place;
4.
The hours between which it is proposed to discharge fireworks;
5.
The names and addresses of the persons actually conducting such display
and discharging such fireworks, together with a statement as to the
experience of such persons in handling and discharging fireworks;
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and the display and discharge of such fireworks, if the permit
applied for is granted, shall be under the direct supervision of such
persons and none other, and shall be at the place, on the date and
between the hours specified in such application and none other.
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E.
In addition to the requirements of Subsection (D) of this Section, every application for permission to conduct a fireworks display shall be accompanied by a permit fee in the sum of fifty dollars ($50.00) and by a surety bond in the amount of ten thousand dollars ($10,000.00) running to the City for the benefit of any member of the general public who may suffer personal or property damage by reason of defective fireworks or negligent or inexperienced handling or discharge thereof.
F.
The
sale of fireworks within the City is hereby prohibited.
[R.O. 2012 §210.020]
A.
Legislative Intent.
1.
The City Council hereby finds that the effects of smoke generated
by the smoking of cigarettes, cigars, pipes, and similar articles
poses a danger to the health, safety, and well-being of persons who
do not smoke.
2.
The City Council further finds that the Surgeon General's 1984 and
1986 reports on smoking hazards links high levels of involuntary smoke
exposure to reduced breathing ability in passive smokers and other
health dangers, and therefore further buttresses the need to provide
protection to non-smokers in public settings.
3.
The City Council further finds that the smoking of tobacco is a positive
danger to health and a cause of material annoyance, inconvenience,
and discomfort to those who are present in confined places.
4.
Therefore, the purpose of this Section is to place reasonable limitations
on smoking within certain areas in the City while striking a reasonable
balance between the needs of all individuals. It is hoped that someday
the entire City will be smoke free.
B.
BAR
ENCLOSED
INDOOR SERVICE LINE
PERSON
PUBLIC AREA
SMOKING
Certain Definitions. The following words, when used in this
Section, shall have these prescribed meanings:
An area which is primarily devoted to the serving of alcoholic
beverages and in which the service of food is only incidental to the
consumption of such beverages.
Closed in by a roof and four (4) walls with appropriate openings
for ingress and egress and is not intended to mean areas commonly
described as public lobbies.
A check-out line, a cash register, or a line where a cashier
consummates transactions. Businesses containing such a line would
include, but not be limited to, such retail or public establishments
as restaurants, grocery stores, supermarkets, department stores, clothing
stores, shoe stores, banks and the like.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint stock association, or other
business organization of any kind.
All areas in which the public is permitted. A place is not
a public area and is not open to the public if access is available
only to members and their guests.
The combustion of any cigarette, cigar, tobacco, or any similar
article or any other combustible substance in any manner or in any
form.
C.
Limitations On Smoking.
1.
All smoking is prohibited in public areas of health care facilities,
including waiting rooms, public hallways, and lobbies.
2.
Smoking is prohibited in City building facilities in all public areas.
In addition, smoking is prohibited in other places of public assembly
in which City business is conducted, including hearing rooms, conference
rooms and meeting rooms which require or provide direct participation
or observation by the general public.
3.
Smoking is prohibited in every publicly or privately owned building
or enclosed facility which is open to the public for the primary purpose
of exhibiting any motion picture, stage drama, musical recital, athletic
event, or any other performance or event in all areas except either
in that area commonly known as the lobby or in areas not open to the
public. Every theater owner and/or manager shall post signs conspicuously
in the lobby stating that smoking is prohibited within the theater
and auditorium.
4.
Smoking is prohibited in all public areas of all retail or other public establishments which have one (1) or more indoor service lines (except as provided in Subsection (C)(5), applicable to eating establishments) provided however, this prohibition shall not be applicable to:
a.
A retail establishment, the primary purpose of which is to sell tobacco
and tobacco products.
b.
A retail establishment, the primary purpose of which is to operate
a bowling alley.
c.
Businesses that sell beer, wine, or liquor by the drink and not more
than sixty percent (60%) of their gross income is derived from the
sale of prepared meals or food consumed on the premises.
5.
Smoking is prohibited in every publicly or privately owned restaurant,
coffee shop, cafeteria, short-order cafe, luncheonette, sandwich shop,
soda fountain, or other eating establishment serving food (including
restaurant/bars which derive over sixty percent (60%) of their gross
income from the sale of prepared meals and/or food consumed on the
premises and those listed food service operations that are a part
of a store or business that is not a food service business) that is
open to the public, whose occupied seating capacity is more than fifty
(50) customers excluding from the calculation of capacity any portion
of such facility which is located outdoors and any portion of such
facility which is utilized for bar purposes.
a.
This prohibition shall not apply to any such establishment maintaining
within the establishment a contiguous area in which smoking is prohibited
of not less than one-fourth (¼) of the seating capacity in
which customers are being served, excluding from said calculations
any portion of such facility which is located outdoors and any portion
of such facility which is utilized for bar purposes and, in addition,
a waiting area where smoking is prohibited.
b.
At the request of a patron, the patron shall be seated in a non-smoking
area if a seat is available.
c.
This prohibition shall not apply to any rooms which are being used
for eating establishment purposes for private functions, but only
while any such room is used for such private functions.
6.
Smoking is prohibited in public areas of gymnasiums, libraries, or
facilities enclosing indoor swimming pools.
7.
Smoking is prohibited in educational institutions in all areas open
to the public, except individual administration offices and areas
specifically designated for smoking by employees of said institution.
9.
Notwithstanding the provisions in Subsection (1) and Subsections (3) through (7), smoking is not prohibited in any area of any establishment where bingo is being played while it is being played or where a private person is holding a dance that is open to the public. However, it is hoped that those operating bingo games and holding dances will provide non-smoking areas for participants when requested and when possible. This Subsection does not apply to the City's building facilities.
D.
Voluntary Limitation Of Smoking In The Office Workplace. Consistent with the intended health benefits of this Section, the
City Council hereby urges that all employers in the City, on a voluntary
basis, hereby establish appropriate non-smoking areas for the benefit
of their employees.
E.
Posting Of Signs. Whenever smoking is prohibited by this
Section, a conspicuous sign shall be posted so stating at any and
all public entrances into said location, containing all capital lettering
not less than one-half (½) inch in height on a contrasting
background designating "NO SMOKING" or by the international "NO SMOKING"
symbol at least one and one-half (1½) inches in height consisting
of a burning cigarette enclosed in a red circle with a bar across
it with each sign further stating "IN COMPLIANCE WITH CITY ORDINANCES"
in all capital lettering not less than one-quarter (¼) of an
inch in height. Said sign shall be placed by the owner, operator,
manager, or other person having control of the building or other place
of business. In instances where smoking may be permitted in some areas
within the location, the sign may contain the following addition,
"EXCEPT IN DESIGNATED AREAS." Said lettering shall be not less than
one-half (½) inch in height on a contrasting background and
shall be incorporated into the sign if desired.
F.
Penalties For Violation. Any person who violates any of
the provisions of this Section is guilty of an infraction and upon
conviction thereof shall be punished by a fine not exceeding two hundred
dollars ($200.00).
G.
Smoking Unlawful — Enforcement. It shall be unlawful
for any person to smoke in an area where smoking is prohibited. It
shall also be unlawful for any employee, agent, manager, or owner
of a "person," as defined in Subsection (B), to not notify any person smoking in an area where smoking is prohibited that this Section makes smoking in that area unlawful.
[R.O. 2012 §210.030]
This Article shall control open flames, fire and burning on
all premises.
[R.O. 2012 §210.040]
A.
General. A person shall not take or utilize an open flame
or light in any structure, vessel, boat or any other place where highly
flammable, combustible or explosive material is utilized or stored.
All lighting appliances shall be well-secured in a glass globe and
wire mesh cage or a similar approved device.
B.
Heating And Lighting Apparatus. Heating and lighting apparatus
and equipment which is capable of igniting flammable materials of
the types stored or handled shall not be utilized in the storage area
of any warehouse storing rags, excelsior, hair or other highly flammable
or combustible material; nor in the work area of any shop or factory
utilized for the manufacture, repair or renovation of mattresses or
bedding; nor in the work area of any establishment utilized for the
upholstering of furniture.
C.
Candles. A person shall not utilize or allow to be utilized,
any open flame, burning candle or candles in connection with any public
meeting or gathering for purposes of deliberation, worship, entertainment,
amusement, instruction, education, recreation, awaiting transportation
or similar purpose in assembly or educational occupancies without
first obtaining approval. Candles shall not be permitted in areas
where occupants stand, or in an aisle or exit.
[R.O. 2012 §210.050]
A.
General. A person shall not cause or allow open burning
unless approved in accordance with this Article.
B.
BONFIRE
OPEN BURNING
RECREATIONAL FIRE
Definitions. As used in this Article, the following terms
shall have these prescribed meanings:
An outdoor fire utilized for ceremonial purposes.
The burning of any materials wherein products of combustion
are emitted directly into the ambient air without passing through
a stack or chimney from an enclosed from an enclosed chamber. For
the purpose of this definition, a chamber shall be regarded as enclosed,
when, during the time combustion occurs, only apertures, ducts, stacks,
flues or chimneys necessary to provide combustion air and permit the
escape of exhaust gas are open.
An outdoor fire utilized to cook food for human consumption.
C.
Allowable Burning. Open burning shall be allowed without
prior notification to the code official for recreational fires, highway
safety flares, smudge pots and similar occupational needs.
D.
Permit Required. Open burning shall be allowed after obtaining
a permit or other proper authorization from the code official for
recognized silvicultural or range or wildlife management practices,
prevention or control of disease or pests, providing heat for outworkers,
and a bonfire.
1.
Application. Applications for open burning shall
be submitted in writing at least ten (10) days before the fire is
set and shall be in such form and contain such information as required
by the code official. Such applications shall contain, as a minimum,
information regarding: the purpose of the proposed burning, the nature
and quantities of material to be burned, the date when such burning
will take place, the location of the burning site, and the on-site
fire-extinguishing equipment to be provided.
2.
Authorization. Open burning shall be permitted with
prior notification to the code official and upon receipt of written
permission from the jurisdictional Environmental Protection Agency
(EPA) authority, provided that any conditions specified in the permission
are followed for:
a.
Disposal of hazardous or toxic material where the EPA determines
that there is no practical alternative method of disposal.
b.
Instruction in methods of fire fighting or for research in control
of fires, in emergency or other extraordinary circumstances for any
purpose determined to be necessary by the EPA.
c.
Disposal of landscape waste except residential and agricultural waste.
d.
Recognized agricultural or horticultural management purposes to maintain
or increase the quantity or quality of agricultural or horticultural
production.
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Where the jurisdictional EPA written permission is not applicable,
the code official shall give written permission provided that approved
fire safety requirements and emission standards will be met.
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3.
Open burning prohibited. The code official shall
prohibit open burning that will be offensive or objectionable due
to smoke or odor emissions when atmospheric conditions or local circumstances
make such fires hazardous. The code official shall order the extinguishment,
by the permit holder or the fire department, of any open burning which
creates or adds to a hazardous or objectionable situation.
E.
Location. The location for any open burning shall not be
less than fifty (50) feet from any structure, and provisions shall
be made to prevent the fire from spreading to within fifty (50) feet
of any structure. Fires in approved containers shall be permitted,
provided that such fires are not less than fifteen (15) feet from
any structure.
F.
Materials. Open burning shall not be utilized for waste
disposal purposes, shall be of the minimum size for the intended purpose,
and the fuel shall be chosen to minimize the generation and emission
of air contaminants.
G.
Attendance. Any open burning shall be constantly attended
until the fire is extinguished. At least one (1) portable fire extinguisher
with a minimum 4-A rating, two (2) portable fire extinguishers with
a minimum 2-A rating each, or other approved on-site fire extinguishing
equipment, such as dirt, sand, water barrel, garden hose or water
truck, shall be available for immediate utilization.
H.
Bonfire Size And Duration. A bonfire shall not be more than
five (5) feet by five (5) feet by five (5) feet in dimension and shall
not burn longer than three (3) hours. The maximum size and duration
of a bonfire shall not be increased by the code official unless it
is determined that fire safety requirements of the situation and the
desirable duration of burn warrant the increase.
1.
Material. Fuel for a bonfire shall consist only
of seasoned dry firewood and shall be ignited with a small quantity
of paper. The fire shall not be utilized for waste disposal purposes,
and the fuel shall be chosen to minimize the generation of air contaminants.
2.
Permit. All permits shall be requested by and issued
to the owner of the land upon which the bonfire is to be kindled.
[R.O. 2012 §210.060]
A.
General. Any person utilizing a torch or other flame-producing
device for removing paint from any structure shall provide at least
one (1) portable fire extinguisher with a minimum 4-A rating, two
(2) portable fire extinguishers with a minimum 2-A rating each, or
a water hose connected to the water supply on the premises where such
burning is done. In all cases, the person doing the burning shall
remain on the premises one (1) hour after the torch or flame-producing
device is utilized.
B.
Permit. A permit shall be secured from the code official
prior to the utilization of a torch or flame-producing device to remove
paint from any structure.
[R.O. 2012 §210.070]
A.
General. Any asphalt (tar) kettle, beneath which is maintained
any open fire, heated coals or ashes, shall not be transported or
permitted to be transported over any highway, road or street.
Exception: Asphalt (tar) kettles utilized for
street repair work shall be permitted to be transported in an open-fire
condition provided that the asphalt (tar) kettle unit is towed or
moved at a speed not exceeding twenty (20) miles per hour and a safety
vehicle, with flashing, rotating or oscillating warning lights, follows
the asphalt (tar) kettle when the open-fired asphalt (tar) kettle
is being transported or moved.
B.
Restrictions. Asphalt (tar) kettles shall not be utilized
inside or on the roof of any structure. Fired asphalt (tar) kettles
shall not be left unattended.
C.
Fire Protection. There shall be at least one (1) portable
fire extinguisher with a minimum 20-B:C rating within thirty (30)
feet of each asphalt (tar) kettle during the period such kettle is
being utilized, and one (1) additional portable fire extinguisher
with a minimum 20-B:C rating on the roof being covered. Every kettle
shall be equipped with a tight-fitting cover. A kettle, when in operation,
shall be placed a safe distance away from any structure or combustible
material.
D.
Cylinder Protection. where liquefied petroleum gas (LPG)
cylinders or containers are utilized for fueling asphalt (tar) kettles,
the LPG cylinder shall be protected against tampering and vandalism.
1.
When possible, all LPG cylinders and containers shall be placed in
a secured area for protection against tampering.
2.
LPG cylinders or containers which cannot be secured in a protected
area shall have the dome covers locked and secured or, if the container
does not have a dome cover, the valve handle shall be removed or secured
in the "Off" position to prevent unauthorized opening of the LPG cylinders.
3.
The storage of LPG cylinders on roof tops shall be prohibited.
