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A. Every public display of fireworks shall be handled by a competent operator approved by the police chief or designee and shall be of such character, and so located, discharged, or fired, that, in the opinion of the police chief or designee, after proper investigation, it will not constitute a hazard to property or endanger any person. Should the police chief or designee deny a permit for public display of fireworks, the applicant therefor shall have the right to appeal that denial to the Auburn city council, which shall consider such application, recommendation and denial, and in its discretion shall either uphold the denial or grant the permit applied for.

B. A state pyrotechnics license is required for operators of a public display of fireworks.

C. A bond or certificate of insurance must be furnished to the fire chief before a permit is issued. The bond shall be in the amount of $1,000,000 and shall be conditioned upon the applicant’s payment of all damages to persons and property resulting from or caused by such public display of fireworks, or by any negligence on the part of the applicant or its agents, servants, employees or subcontractors in the presentation of the display. The certificate of insurance shall evidence a comprehensive general liability, including automobile coverage, insurance policy providing limits of $1,000,000 combined single limit, per occurrence and annual aggregate, no deductible, and naming the city of Auburn as an additional insured.

D. Transportation and Storage.

1. All fireworks shall be transported within the city in accordance with 49 CFR Part 177 and 397.9(b) prior to reaching the display site.

2. As soon as the fireworks have been delivered to the display site, they shall be attended and shall remain dry.

3. All shells shall be inspected upon delivery to the display site by the display operator. Any shells having tears, leaks, broken fuses, or showing signs of having been wet shall be set aside and shall not be fired. After the display, any such shells shall be either returned to the supplier or destroyed according to the supplier’s instructions.

4. All fireworks at the firing site must be stored in ready boxes (substantially constructed wood magazines). During the display, the magazines must be 25 feet upwind (relation to firing line) from the nearest mortar. Magazine lids must open in the opposite direction to the firing. All ready boxes are to be protected by a flame-proof water-repellent canvas cover until emptied.

5. The shell storage area shall be located at a minimum distance of not less than 25 feet from the discharge site.

6. During the display, shells shall be stored upwind from the discharge site. If the wind shifts during the display, the shell storage area shall be relocated to be upwind from the discharge site.

E. Preparation of Site and Crowd Control.

1. All dry grass, weeds and other combustible waste matter within 50 feet of the firing site shall be removed.

2. The site shall be located so that the trajectory of shells shall not come within 25 feet of any overhead object.

3. Discharged fireworks shall not come within 100 feet of any tent or canvas shelter.

4. The firing and storage site shall be located not less than 200 feet from any building.

5. The operator shall provide sufficient personnel to assure that no unauthorized persons are allowed within 200 feet of the firing and storage site. This requirement shall be in effect from one-half hour prior to the arrival of fireworks until all fireworks debris, equipment and fireworks have been removed from the site.

6. Spectators shall be restrained behind lines or barriers at least 200 feet from the firing and storage locations.

F. Installation of Mortars.

1. Mortars shall be inspected for dents, bent ends, and cracked or broken plugs prior to ground placement. Mortars found to be defective in any way shall not be used. Any scale on the inside surface of the mortars shall be removed.

2. Mortars shall be positioned so that the shells are carried away from spectators and buildings. When fired over water, mortars shall be installed at an angle of not less than 10 degrees, pointing toward the water.

3. Mortars shall be either buried securely into the ground to a depth of between two-thirds and three-fourths of their length or fastened securely in mortar boxes or drums. In soft ground, heavy timber or rock slabs shall be placed beneath the mortars to prevent their sinking or being driven into the ground during firing.

4. In damp ground, a weather-resistant bag shall be placed under the bottom of the mortar prior to placement in the ground to protect the mortar against moisture.

5. Weather-resistant bags shall be placed over the open end of the mortar in damp weather to keep moisture from accumulating on the inside surface of the mortar.

6. Sand bags, dirt boxes, or other suitable protection shall be placed around the mortars to protect the operator from ground bursts. This requirement shall not apply to the down-range side of the discharge site.

G. Operation of the Display.

1. The operator shall provide fire protection at the site as required by the fire chief or designee.

2. Only permitted fireworks are authorized for use.

3. If, in the opinion of the fire chief or their authorized representative, lack of crowd control should pose a danger, the display shall be immediately discontinued until such time as the situation is corrected.

4. If at any time high winds or unusually wet weather prevail such that, in the opinion of the fire chief, their authorized representative or the display operator, a definite danger exists, the public display shall be postponed until weather conditions improve to permit safe discharge of fireworks.

5. Light snow or mist need not cause cancellation of the display; however, all materials used in the display shall be protected from the weather until immediately prior to use.

6. Display operators and assistants shall use only flashlights or approved electric lighting for artificial illumination.

7. No smoking or open flames shall be allowed within 50 feet of the firing or storage area as long as shells are present. Signs to this effect shall be conspicuously posted.

8. The first shell fired shall be carefully observed to determine that its trajectory will carry it into the intended firing range and that the shell functions over, and any debris falls into, the planned landing area.

9. The mortars shall be re-angled or reset if necessary at any time during the display.

10. When a shell fails to ignite in the mortar, the mortar shall not be touched for a minimum of five minutes. After five minutes it shall be carefully flooded with water. Immediately following the display, the mortar shall be emptied into a bucket of water. The supplier shall be contacted as soon as possible for proper disposal instructions.

11. Operators shall not attempt to repair a damaged shell nor shall they attempt to dismantle a dry shell. In all such cases, the supplier shall be contacted as soon as possible for proper disposal instructions.

12. Operators shall not dry a wet shell, lance, or pot for reuse.

13. The entire firing range shall be inspected immediately following the display to locate any defective shells. Any such shells found shall be immediately doused with water before handling. The shells shall be placed in a bucket of water. The supplier shall then be contacted as soon as possible for proper disposal instructions.

14. When fireworks are displayed in darkness the sponsor shall ensure that the firing range is inspected early the following morning.

15. Any fireworks remaining unfired after the display shall be immediately disposed of or removed from the city to the supplier from which they were purchased or to a location approved by the police chief or designee.

16. The debris from discharged fireworks shall be properly disposed of.

H. The denial by the police chief of a permit for the public display of fireworks may be appealed to the Auburn city council. (Ord. 6532 § 9, 2014; Ord. 5679 § 1, 2002; Ord. 5385 § 6, 2000; Ord. 3976 § 8, 1984. Formerly 8.24.080.)