CITY OF SIOUX CENTER - ORDINANCE SC-O-04-26 AMEND CHAPTER 41.13 (FIREWORKS) ORDINANCE NO. SC-0-04-26 AN ORDINANCE AMENDING THE CITY CODE OF SIOUX CENTER, IOWA, BY AMENDING CHAPTER 41.13 (FIREWORKS) WHEREAS, the General Assembly of the State of Iowa has taken measures to allow the sale and use of consumer fireworks in the State of Iowa during specific timeframes and pursuant to applicable state licensure; and WHEREAS, the new legislation provides for city councils, by ordinance, to prohibit or limit the use of consumer fireworks within their jurisdiction, if determined a public safety risk or a nuisance to neighbors. NOW, THEREFORE, BE IT ORDAINED, by the City Council of Sioux Center, Iowa, as follows:SECTION 1. AMEND CHAPTER 41.13 (FIREWORKS). The Code of Ordinances of the City of Sioux Center, Iowa, is amended by repealing Section 41.13 and adopting the new section stated as follows:1. Definitions. For purposes of this section:A. “Consumer fireworks” means the following fireworks, as described in Chapter 3 of the American Pyrotechnics Association (“APA”) Standard 87-1:(1) First-class consumer fireworks:a. Aerial shell kits and reloadable tubes; b. Chasers; c. Helicopters and aerial spinners; d. Firecrackers; e. Mine and shell devices; f. Missile-type rockets; g. Roman candles; h. Sky rockets and bottle rockets; i. Multiple tube devices under this paragraph which are manufactured in accordance with APA Standard 87-1, Section 3.5. (2) Second-class consumer fireworks:a. Cone fountains; b. Cylindrical fountains; c. Flitter sparklers; d. Ground and hand-held sparkling devices, including multiple tube ground and hand-held sparkling devices that are manufactured in accordance with APA Standard 87-1, Section 3.5; e. Ground spinners; f. Illuminating torches; g. Toy smoke devices that are not classified as novelties pursuant to APA Standard 87-1, Section 3.2; h. Wheels; i. Wire or dipped sparklers that are not classified as novelties pursuant to APA Standard 87-1, Section 3.2. 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 APA Standard 87-1. C. “Novelties” includes all novelties enumerated in Chapter 3 of the APA Standard 87-1, and that comply with the labeling regulations promulgated by the United States Consumer Product Safety Commission. 2. Sales – General Requirements. Prior to any person engaging in the sale of consumer fireworks, the following shall be provided to the Code Enforcement Officer:A. License. Proof of valid license issued from the State Fire Marshal. B. Liability Insurance. Proof of liability insurance separate from the building property insurance specifically showing coverage of fireworks sales for an aggregate amount of $2,000,000. C. Fire Inspection. Any property, building, or premise, whether it be permanent or temporary, intended for the sale of consumer fireworks shall have an initial fire inspection completed by the Code Enforcement official prior to engaging in the sale of consumer fireworks. The Code Enforcement official or their designee shall cause an annual inspection to occur meeting the requirements of the National Fire Protection Code 1124 (2006 Edition) and the current fire code adopted by the City of Sioux Center. Inspection costs shall be assessed as follows:(1) Permanent or temporary structure where fireworks are soldAnnual inspection fee of $100. 3. Display Fireworks. It is unlawful for any person to use or explode any display fireworks; provided, the City Council may, upon application in writing, grant a permit for the display of display fireworks by municipalities, 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, but no such permit shall be required for the display of display fireworks at the Iowa State Fairgrounds by the Iowa State Fair Board, at incorporated county fairs, or at district fairs receiving State aid.. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:A. Personal Injury:............ $250,000.00 per person B. Property Damage:......... $50,000.00 C. Total Exposure:............ $1,000,000.00 4. Consumer Fireworks. A. It is unlawful for any person to use or explode consumer fireworks on days other than June 13 through July 6 and December 31 of each year, all dates inclusive. B. It is unlawful for any person to use or explode consumer fireworks at times other than between the hours of 9:00 a.m.and 10:00 p.m., except that on the following dates consumer fireworks shall not be used at times other than between the hours specified:(1) Between the hours of 9:00 a.m.and 11:00 p.m.on July 4 and the Fridays and Saturdays immediately preceding and following July 4. (2) December 31 between the hours of 9:00 a.m.and 12:30 a.m.on the immediately following day. (3) It is unlawful for any person to use consumer fireworks on real property other than that person's real property or on the real property of a person who has consented to the use of consumer fireworks on that property. 5. Novelties. This section does not apply to novelties. SECTION 2. REPEALER. All ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this ordinance as a whole or any section, provision or part thereof no adjudged invalid or unconstitutional. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Dale Vander Berg, Mayor ATTEST:Scott Wynja, City Clerk 1st Reading:May 11, 2026 2nd Reading:waived 3rd Reading:waived PASSED & APPROVED:May 11, 2026 PUBLISHED:May 20, 2026 in the Sioux Center News (#420378)
