Fireworks Public Hearing

City of Drumright
Public Hearing Notice
The City of Drumright will hold a Public Hearing at City Hall at 122 W Broadway St on Monday January 8, 2018 at 6 p.m. regarding an ordinance that, if approved, would allow the sale and use of fireworks in the city limits under certain circumstances.
Questions or comments may be sent to City Manager Mark Whinnery via email at citymanager@cityofdrumright.com or by phone at (918) 352-2631 extension 15.
The draft ordinance reads as follows:
Ordinance 328
Entitled: Fireworks

The City of Drumright Ordinance regarding fireworks shall be amended as follows:

4-6-5 FIREWORKS:

A. Permit Required: It is unlawful to manufacture, sell, furnish, possess, display, or use any fireworks within the city unless the appropriate fireworks permit is obtained.
B. Regulations:
1. It shall be unlawful to explode or ignite fireworks within 500 feet of any church, hospital, asylum, public school, unharvested agricultural crop, or where fireworks are stored or sold. In addition, fireworks may not be lit in or thrown from motor vehicles or thrown at/near a group of people
2. The use of class 1.4G fireworks by individuals shall be permitted only under permit as described in this subsection B and subsection C of this section.
3. “Permissible fireworks” shall mean composition or device for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and which is defined as common or special fireworks by the United States department of transportation (DOT). Fireworks are further classified in this law as class 1.3G or class 1.4G. The term “fireworks” shall not include toy cap pistols and caps, blank cartridges, railroad flares and model rockets.
a. “Class 1.4G fireworks” (DOT common fireworks) shall mean any devices suitable for use by the public that conform to requirements of the United States consumer products safety commission (CPSC) and are designed primarily to produce visible effects by combustion, and some small devices designed to produce an audible effect.
b. “Class 1.3G display fireworks” (ODOT special fireworks) shall mean any devices suitable for use by the public that conform to requirements of the United States consumer products safety commission (CPSC) and are designed primarily to produce visible effects by combustion, and some small devices designed to produce an audible effect.
4. Persons within the city limits may use or otherwise discharge permissible fireworks only from three o’clock (3:00) P.M. to eleven o’clock (11:00) P.M. on July 4th. Persons within the city limits may use or otherwise discharge permissible fireworks only from three o’clock (3:00) P.M. to ten o’clock (10:00) P.M. on July 2nd and 3rd. Other dates may be approved by the city manager, fire chief or his designee, provided the following conditions are met. The city manager and/or fire chief will post any additional approved dates each year at city hall.
a. Such fireworks must be discharged on a noncombustible surface of sufficient size to contain the entire ground portion of the display and not closer than thirty feet (30′) to any permanent structure.
b. The adult person shall obtain a permit from the city or from a licensed fireworks vendor at a cost of twenty dollars ($20.00), said permit identifying the adult in charge of this use by name and address, and also identifying the proposed location on or near the permit holder’s property. Applications for said permits shall be made available during normal business hours from April 1 through July 3 of any given year and permits are valid only for the year of issuance.
c. The adult permit holder in charge of the use must be physically present for any household member over the age of 18 to use the fireworks and within one hundred feet (100′) of the point of display, and have the permit posted in a place of prominence during the discharge of the fireworks for examination by any law enforcement officer. The permit holder is further responsible for the examination by any law enforcement officer. The permit holder is further responsible for the cleaning up of any debris caused by any person discharging fireworks under the permit holder.
d. Private persons may not use or discharge fireworks within any city or county park, nor on any highway, turnpike or any street that has paving, such as an arterial street, or collector street.
f. Non Permissible fireworks would include but not limited to the following: a battery, whether finale battery or candle battery defined as “a collection of mortars or bundle of roman candles fused together in such a manner they are fired within a short period of time”. Chain fusing, defined as “a series of two or more aerial shells fused to fire in sequence from a single ignition”. Or any illegal explosives such as M-80’s or M-100’s, “bottlerockets or “skyrockets”
C. License To Sell Or Display For Sale: The sale or display for sale of fireworks shall be unlawful within the city as set forth in subsection A of this section. A license for the sale or display for sale of fireworks shall be considered where the following conditions are met:
1. The vendor at each location must obtain an annual license from the city at a cost of five hundred dollars ($500.00) and must also provide a copy of the state sales tax permit.
2. The property has direct access on an arterial street and adequate on site parking so that the operation of the stand can be conducted without interference with travel on the paved surface of the artery.
3. No vendor may sale or display for sale fireworks east of Jones Ave to Curtis Rd or west of Curtis Rd to Jones Ave or in any area within the city limits zoned as residential. The sale or display for sale may be permitted on the Truck Bypass from Highway 33 to the Highway 99 and W 111th St S intersection.
4. Only class 1.4G fireworks, as defined by the United States department of transportation, are sold on the premises.
5. The “season” for fireworks sales shall be limited to be only from June 15 until July 6 of each year.
6. The vendor shall post and provide distribution of a “Notice Of Drumright Fireworks Ordinance” to each purchase of fireworks.
7. Owner or vendor shall maintain liability insurance on each location.
8. There have been no significant accidents reported to the city from previous operations at the stand at that location.
9. Supervised public displays shall be permitted with a permit and compliance to requirements of the Drumright fire department and national fire protection act (NFPA) 1123. The use of fireworks before a proximate audience (as defined by the NFPA) shall be permitted with a fireworks permit and compliance to NFPA 1126. Permits may be obtained from the city or a licensed fireworks vendor at a cost of two hundred fifty dollars ($250.00). The permit fee may be waived, upon written request by the city manager, fire chief or his designee. Permits must be available for inspection by the city at all times during the display, including the setup and tear down of the launch site and staging area.

D. Emergency Suspension: In the event that the governor of the state of Oklahoma calls a red flag fire alert or burn ban for the area encompassing the city of Drumright and/or the city of Drumright fire department determines that the city of Drumright is in fire danger due to the weather conditions. The mayor, city manager or the fire chief of the city may declare an emergency and cause the use of fireworks to be terminated and declare them to be illegal during the emergency period.

4-6-6 Fines For Violation:
1. Any sale or use of fireworks in violation of this section shall be punished by a fine of three hundred fifty dollars ($350.00) plus costs.
2. Any use of fireworks between the hours of eleven o’clock (11:00) P.M. and three o’clock (3:00) P.M. shall be punished, upon conviction, by a fine that is double the fine normally imposed for a violation of this section, plus costs.
3. Possession of any fireworks other than allowed by this section shall be punished by a fine of three hundred fifty dollars ($350.00) plus costs.
4. Failure to remove debris caused by any person discharging fireworks under the permit holder shall be punishable by a fine of three hundred fifty dollars ($350.00) plus costs.
5. Any fireworks used during a red flag fire alert, burn ban for the area encompassing the city of Drumright, or emergency period declared by the mayor or fire chief, as set forth in subsection D of this section, shall be punished by a fine of five hundred dollars ($500.00) plus costs.

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