2002-117ORDINANCE NO. 2002-117
An Ordinance amending the City's Firework Stands Licensing Regulations, with a
penalty for violations set forth in Ordinance Section 864.090.
Section 8.40.050 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
SECTION I
A. A "FIREWORKS STAND" is defined as any and all outdoor and indoor
merchandise displays of any and all firework(s) and firework(s) devices in any manner
regulated or addressed by this chapter.
B. No person may erect, possess, own, operate, maintain or sell from any
Firework Stand for any purpose except as allowed by this chapter and only in conformity
with all state laws, administrative codes, regulations, and other city ordinances.
C. No person may erect, possess, own, operate, maintain or sell from any
Firework Stand for any purpose without a FIREWORK STAND PERMIT, which permit
shall be nontransferable.
D. Application for a FIREWORK STAND PERMIT shall be made to the City
Clerk on a form and in the manor required by the Chief of the Fire Department, which
form shall include a provision which empowers the Chief of the Fire Department, Chief
of the Police Department, and/or the Code Administration Director and any and all other
persons acting on their behalf, to inspect the FIREWORK STAND, inventory,
merchandise, related structures, and surrounding area, at any time, without notice.
E. Application for the nontransferable FIREWORK STAND PERMIT shall be
accompanied with a nonrefundable application FEE in the amount of Three Hundred
Dollars ($300.00), which fee shall be applied to help defray the City's actual inspection
and administrative review costs.
F. The FIREWORK STAND PERMIT shall be, at all times, conspicuously posted
upon the FIREWORK STAND.
G. The FIREWORK STAND PERMIT may be revoked at any time the Chief of
the Fire Department, the Chief of the Police Department, or the Code Administration
Director or his/her representative finds any violation of this chapter or any other law, and
any time the Chief of the Fire Department, the Chief of the Police Department, or the
Code Administration Director or his/her representative believes that the FIREWORK
STAND, in any manner, poses any risk or potential risk to human or property safety.
H. The Chief of the Fire Department, the Chief of the Police Department, and/or
the Code Administration Director or their representative may require, as a condition to
not revoking an issued FIREWORK STAND PERMIT, compliance with any and all
health and safety requirements as they or their representative may from time to time,
deem in the best interest of human or property well being or safety. Any and all
requirements of the Chief of Fire, the Chief of Police, and/or the Code Administration
Director or their representative shall be construed, for all proposes, as required by this
chapter.
I. The FIREWORK STAND PERMIT shall be for a term not to exceed thirty (30)
days.
J. No FIREWORK STAND PERMIT may be issued for any Firework Stand
erected or proposed to be erected in an area not properly zoned for such stand or activity.
K. No FIREWORK STAND PERMIT may be issued unless the applicant first
applies for, pays for and obtains from the City a TEMPORARY SIGN PERMIT and all
other permits and licenses required for such stand and activities.
L. The Chief of the Fire Department, Chief of the Police Department, and/or the
Code Administration Director and all other persons acting on their behalf, will issue
correction notices for any violations of Federal Law, State Law and/or local ordinances.
All violations shall be corrected forthwith.
M. The Chief of the Fire Department, Chief of the Police Department, and/or the
Code Administration Director and all other persons acting on their behalf will have the
responsibility upon their finding of a violation to issue citations for the amount of
$500.00 per violation.
N. No license or permit required under this chapter may be issued by the City
Clerk to any person or other entity who has previously violated any provision of this
chapter or any similar law anywhere.
SECTION II
Section 8.40.090 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
8.40.090 Violation--Penalty. Any person who violates any of the provisions of
this chapter shall forfeit and pay to the City a penalty not less than $500.00 nor more than
$2,000.00 for each offense together with the costs of prosecution and in default of the
payment of such penalty shall be imprisoned for not more than 120 days in the county
jail. Each day's continuance of any violation transported, possessed, used, stored,
contained, handled, offered for sale, sold, displayed, or discharged shall constitute a
separate offense.
ADOPTED: February 11, 2002
APPROVED:
St~eh"E. Sheiffer, City Mana~
ATTEST:
Je~.~nn Wulf, City-Clerk-Treasurer
APPROVED AS TO FORM: ~h .~ ~o-.
Cit~ Attorney '~ ~? !
MOTION BY: Steeber
SECOND BY: O'Leary
COUNCILMEMBER AYE NAY PASS ABSENT
DAMRON X
WILLIAMS X
O'LEARY X
DEGARMO X
BRIEN X
MURPHY X
STEEBER X
Proposed by: City Administration
Prepared by: Aaron Oppenheimer, Administrative Intern