DICKINSON COUNTY RESOLUTION 2018-5 RESOLUTION REGARDING THE PERMITING OF FIREWORKS DISPLAYS
WHEREAS, the Iowa Legislature has adopted and the Governor has signed Senate File 489 which permits the sale and the use of “First Class Fireworks” as now defined in Iowa Code Section 100.19(1)c; and
WHEREAS, Iowa Code Section 364.2 is amended by adopting a new Subsection 6 which provides that a municipality may “by ordinance or resolution prohibit or limit the use of consumer fireworks, display fireworks, or novelties, as described in Iowa Code Section 727.2; and,
WHEREAS, Dickinson County wishes to adopt the Iowa Law regarding the use of “First Class Fireworks, Second Class Fireworks, and Consumer Fireworks”, as those terms are defined in Section 100.19(1) and elsewhere in the Iowa Code, including but not limited to Iowa Code Section 727.2; and
WHEREAS Dickinson County is aware that the Iowa Department of Natural Resources (DNR) has primary jurisdiction upon the navigable waters of Dickinson County, and that said DNR has its own application and requirements for the issuance of fireworks permits on the Iowa Great Lakes. Dickinson County shall not require an application for fireworks displays on the Iowa Great Lakes but shall defer such issuance to the DNR, and
WHEREAS the Dickinson County Board of Supervisors acknowledge that there may be special times or occasions where the issuance of a fireworks permit may be granted that is outside of the time limitations of Iowa Code Section 727.2(4)(a)(b), and wishes to make provision for the issuance of a permit under such special circumstances.
NOW, THEREFORE, upon receipt of a written application, the Board of Supervisors may permit the display and exploding of consumer fireworks by any individual, group or organization, outside of the calendar and time restrictions set forth in Iowa Code Section 727.2 if the fireworks be handled by a competent operator, and under the following conditions:
- Proof of comprehensive general liability insurance limits in the amount of $1,000,000.00 combined single limit.
- Applicant and/or sponsor must be named insureds.
- Dickinson County shall also be named as an additional insured.
- Fireworks may only be displayed and exploded between the hours of 6:00 p.m. and 12:00 a.m.
PASSED AND APPROVED this 1st day of May 2018.
William Leupold Chairperson.