HomeMy WebLinkAboutMinutes - PRAB - 07-16-2015HOME OF 'THE BEST QUALITY OF LIFE IN GEOn::;iA'
MIL-10N%
ESTABLISHED 2006
MEETING MINUTES
CITY OF MILTON PARKS AND RECREATION
ADVISORY BOARD
Thursday, July 16, 2015 12:30 p.m.
Council Chambers, Milton City Hall
CALL TO ORDER
Meeting was called to order by Vice Chairman David Shannon at 12:40 p.m.
ROLL CALL
Roll call was taken by Mr. Shannon.
MEMBERS PRESENT
Joey Costanzo
Van Kottis
Sue Rekuc
David Shannon
OTHERS PRESENT
Jim Cregge, Parks and Recreation Director
Van Keys, Parks and Recreation
Quorum was announced by Mr. Shannon.
APPROVAL OF MEETING AGENDA
A motion to approve the Meeting Agenda with the addition of the item to add discussion on
meeting times was made. Motion made by Mrs. Rekuc and seconded by Mr. Kottis.
APPROVAL OF PAST MINUTES
A motion to approve minutes of the June 18, 2015 meeting was made by Mrs. Rekuc and seconded
by Mr. Shannon. The vote was unanimous and motion carried.
PUBLIC COMMENT
None
You .
PHONE: 678.242.25001 FAX: 678.242.2499 !V 4s, *Certified t TOF too
info@cityofmiltonga.us I www.cityofmiltonga.us n'ii Community i E� 4'
13000 Deerfield Parkway, Suite 107 1 Milton GA 30004
^ cr.nnEo rr.oa.r -'ayB'Lt"�
July 2015 PRAB Minutes
COMMITTEE REPORTS
1. Hopewell Baseball: Mr.Cregge reported that emails have been sent to initiate Fall season.
2. Veteran's Memorialization: None.
UNFINISHED BUSINESS
l . Long Term Rental: The Metro Atlanta Cricket League has expressed interest in renting
Bell Memorial Park on Sunday mornings for their cricket league. Discussed possible
amending of current policy.
2. Chuck Hollingsworth: Cindy Hollingsworth passed away last year and her husband
Chuck, a Milton resident, would like to memorialize her at Bell Park. The suggestion of
a bench funded by Mr. Hollingsworth and built by Boy Scouts was discussed. Other
options included a concrete option. The bench should have a plate to honor Mrs.
Hollingsworth. Bench options were researched and presented to board. Discussion agreed
on bench uniformity as a priority. Motion made by Mr. Shannon to table to next month to
allow for further looking at bench types. Motion was seconded by Mrs. Rekuc. Approved
by all.
3. Wall of Fame: Discussion continued from last month looking at long term/short term
ideas as well as establishing definitive criteria for being chosen for the wall. Motion was
made to establish a subcommittee to look at process criteria. Approved by all. Mr. Kottis
agreed to lead the establishment of criteria with assistance from Mrs. Rekuc.
4. House Bill 110 — Fireworks: Following consultation with the City Attorney, it has been
decided that there is no need to change the ordinances of the City at this time.
5. PRAB Representation on Program Partner's Boards — There are three boards on which
we could be represented on, Hopewell Baseball, EagleStix Lacrosse and Milton Steelers
Football. The idea is that a City Staff member and a PRAB member could serve as a non-
voting member and attend meetings. The goal is to improve communications between the
city and each partner association. Staff was asked to get the dates of these meetings for
next month. The recommendation was made to have a primary and secondary member as
a representative to each board. A motion was made to table the subject until next month
was made by Mr. Kottis. It was seconded by Mrs. Rekuc. The motion passed on a
unanimous vote.
6. Drone Policy: No report
NEW BUSINESS
None
July 2015 PRAB Minutes
CITY STAFF REPORTS AND COMMUNICATIONS
1. Bell Memorial Park Status Update: The park has run into some delays primarily due to
weather. A soft opening of September 5 may not happen.
2. Summer Camp Update: All camps are going well. The basketball camp had a great start.
This month's music camp was cancelled due to low registration, but the Parents Night
Out was well attended. Camp Joyful Soles has set all new records for the total number of
campers and the total number of weeks campers are going. Very pleased with summer
programs.
3. Providence Park: The issuance of a contract to the lowest bidder on fences has been
delayed. We had to safely relocate honey bees that had infested to maintenance building.
The removal was a success.
OTHER BUSINESS
The board discussed possible meeting times for the future. The consensus of those present was
the earlier the better. An email will be sent by Staff to PRAB board members regarding future
meeting times
ADJOURNMENT
The motion to adjourn was made by Mr. Shannon. The motion was seconded by Mr.
Kottis. The vote was unanimous in favor. The meeting was declared adjourned @ 2:40
PM. The next scheduled meeting will be August 20, 2015.
HOME OF ' '
IFON
I SIABI IStif h 2006
Parks and Recreation Advisory Board Agenda
12:30 p.m., Thursday, July 16, 2015
Council Chambers, Milton City Hall
I. Call to Order and Roll Call
II. Pledge of Allegiance
III. Election of the PRAB Secretary
IV. Approval of Meeting Agenda
V. Approval of Minutes from the June 18, 2015 meeting
VI. Public Comment - Public comment is a time for citizens to share information with the PRAB
and to provide input and opinions on any matter that is not scheduled for its own public
hearing during today's meeting.
VII. Committee Reports
a. Hopewell Baseball - Stachowski
b. Veteran's Memorialization — Hill
VIII. Unfinished Business
a. Discussion on long term rental
b. Discussion on request of Chuck Hollingsworth
c. Discussion on Wall of Fame
d. Discussion on House Bill 110 — Fireworks
e. Discussion on PRAB Representation on Program Partner's Boards
IX. New Business
a. None
X. City Staff Reports and Communications
a. Bell Memorial Park Status Update - Cregge
b. Summer Camp Update - Cregge
c. Summer Projects Update — Cregge
d. Providence Park Update - Cregge
XI. Other Business
XII. Adjournment -Next Meeting Date: August 20, 2015
Youln
PHONE: 678.242.25001 FAX: 678.242.2499 . ,Green ' * Certified
@c infoityofmiltonga.us I www.cityofmiltonga.us
Community , City of
54 Ethics
13000 Deerfield Parkway, Suite 107 ; Milton GA 30004
HOME OF 'THE BEST QUALITY OF LIFE IN GEORGIA'
MILTON,
ESTABLISHED 2006
MEETING MINUTES
CITY OF MILTON PARKS AND RECREATION
ADVISORY BOARD
Thursday, June 18, 2015 11:30 a.m.
Council Chambers, Milton City Hall
CALL TO ORDER
Meeting was called to order by Vice Chairman David Shannon at 11:41 a.m.
ROLL CALL
Roll call was taken by Mr. Shannon.
MEMBERS PRESENT
Joey Costanzo
Phil Cranmer
Van Kottis
Sue Rekuc
David Shannon
OTHERS PRESENT
Jim Cregge, Parks and Recreation Director
Quorum was announced by Mr. Shannon.
APPROVAL OF MEETING AGENDA
A motion to approve the Meeting Agenda with the addition of the item PRAB Representation with
Program Partners was made by Mr. Costanzo and seconded by Mrs. Rekuc. The vote was
unanimous and motion carried.
APPROVAL OF PAST MINUTES
A motion to approve minutes of the April 16, 2015 meeting was made by Mrs. Rekuc and
seconded by Mr. Shannon. The vote was unanimous and motion carried.
PUBLIC COMMENT
Chris Fitzpatrick, Roswell, GA - completing Boy Scout Communication Merit Badge
You - _
PHONE: 678.242.25001 FAX: 678.242.2499 reen - * Certified* rod?!io
4 �
info@ciWILDLIFE Commun
tyofmiltonga.us C www.cityofmiltanga.us �% C;ty°t lEthi. ,,i
13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `" ""'" CERTIFIED BRONZE" - ��`
June 2015 PRAB Minutes
COMMITTEE REPORTS
1. Hopewell Baseball: Mr. Cregge reported that the HYA is working on a full season, and
the park will become available between 9/1 or 9/9. There will most likely be a delay to
the grand re -opening.
2. Veteran's Memorialization: Mr. Cregge reported that on Memorial Day, more than 600
hearts and 400 crosses were put out for display.
UNFINISHED BUSINESS
1. Long Term Rental: There was discussion on the idea of permitting a long term rental by
the Atlanta Cricket Club. This is currently in violation of our rental policies. A motion
to table this item was made by Mr. Shannon and it was seconded by Mr. Kottis. The
motion passed unanimously.
2. Chuck Hollingsworth: Cindy Hollingsworth passed away last year and her husband
Chuck, a Milton resident, would like to memorialize her at Bell Park. The suggestion of
a bench funded by Mr. Hollingsworth and built by Boy Scouts was discussed. Other
options included a concrete option. The bench should have a plate to honor Mrs.
Hollingsworth. Staff was asked to do research on possible benches and come back with a
recommendation. A motion to table this item was made by Mr. Shannon and it was
seconded by Mrs. Rekuc. The motion passed unanimously.
3. Wall of Fame: A discussion was held on the topic of what are the criteria for something
going onto the Wall of Fame. One idea was that one wall would be temporary, more
recent events to honor local championships and such. The other wall would of a more
permanent nature to honor those athletes, teams, coaches or volunteers who have
achieved a significant success. A motion to table this item was made by Mr. Shannon
and it was seconded by Mrs. Rekuc. The motion passed unanimously.
NEW BUSINESS
1. Drone Policy: Mr. Cregge indicated that with the completion of Bell Memorial Park
coming soon and a proliferation of drones, this group should start considering a Drone
Policy. Staff was asked to research the issue and report back next month. A motion to
table this item was made by Mr. Costanzo and it was seconded by Mrs. Rekuc. The
motion passed unanimously.
2. House Bill 110: Mr. Cregge reported that there was a new law that goes into effect on
July 1 that permits the use of fireworks in parks. This directly goes against the City
Ordinances. Concern was raised that fireworks could be ignited during games and other
activities. Staff was asked to research this and seek out what options exist to protect our
parks. A motion to table this item was made by Mr. Shannon and it was seconded by Mr.
Cranmer. The motion passed unanimously.
June 2015 PRAB Minutes
PRAB Representation with Program Partners: Mr. Cregge pointed out that the new
agreements signed with HYA and NFL-YFL permit both City Staff and PRAB members
to attend and participate in organizational Board meetings as a non -voting member. The
intent is to allow both the organization and the City to have better and clearer lines of
communication. PRAB members were asked to give consideration of an area of interest
and then we can discuss this next month. A motion to table this item was made by Mrs.
Rekuc and it was seconded by Mr. Kottis. The motion passed unanimously.
CITY STAFF REPORTS AND COMMUNICATIONS
1. Bell Memorial Park Status Update: The park is on track for an opening in early
September.
2. Summer Camp Update: All camps are going well. The basketball camp had a great start.
This month's music camp was cancelled due to low registration, but the Parents Night
Out was well attended. Camp Joyful Soles has set all new records for the total number of
campers and the total number of weeks campers are going. We have a new temporary
part time employee named Van Keys who is helping with camps this summer.
3. Emails on the Website Update: The idea of creating hotlinks to permit citizens to email
members of the PRAB directly has been dropped. Doing so would have resulted in all
PRAB members personal emails becoming public record.
4. Football and Baseball Contract Update: Both the Hopewell Youth Association and the
NFL-YFL have signed their contracts and the City has voted on them. They are approved
and in place now. This is a new contract that combines a facility use agreement and a
Youth Athletic Association manual. The PRAB will be asked to review this going
forward.
5. Summer Projects: Three fields are being re -sodded now, Friendship Community Park,
Cogburn Woods Middle School and Hopewell Middle School. There was an irrigation
system problem at Friendship Community Park and we lost the sod. Tri Scapes has
stepped up and is replacing all of the sod at FCP. Northwestern Middle School is being
re -sodded by EagleStix and the project work is moving forward. Birmingham Falls will
be re -sodded by Optech. We are working on a project to mark the trails at Birmingham
Park.
6. Providence Park: The City has taken formal ownership of the park and the staff is now
planning on safety improvements. The hope is to open the park around September 1.
OTHER BUSINESS
There was a discussion on moving the start time of the meeting from 11:30 AM to 12:30
PM to allow Mr. Hill to attend. The board did not vote on the issue but indicated a
general willingness to do so. Mr. Cregge was asked to research the issue.
June 2015 PRAB Minutes
ADJOURNMENT
The motion to adjourn was made by Mr. Shannon. The motion was seconded by Mr.
Kottis. The vote was unanimous in favor. The meeting was declared adjourned @ 12:59
PM. The next scheduled meeting will be July 16, 2015
1
f"-1 _71
Will
t-I 1-141111111 ,1�
do
Ow
AO
f Vr
or
•� ,Is��
w
���'
so
Al
.•
yt
, .,, ..c
woo,
an
r
low Art
�.fi* lr.Ir
am
•
-APOmom
/+�
r
�•'�
. w
on
ahp1�
Rom.
.....
A7
MM w MUM
�,.. I.a�r
trtsr .an
N
M rA
f.M
rt
'{�.�
.1.i1�
sir �'T
�
.�...w
\.w �:r+w
..i r • f
swim >1Mtl
Mtl
�
rl�r
Nq
11
.r
N
•�
L.L�
fair
"A&p;
now
•. «■
•'! ...\.\\
!! . slur!"
AMN Kamer
Md wimina
.f -,A j
N
\� Y
m
«.• r\!
1'
.._ awl 1.
`_u .no
ONS
INN
I1
SEES
DETAILS I N11S -
&1
9'TER.
PIL45
Mp"
SI16- GA-IZED STEEL SHEET
WELDED TO FRAME
20' FLAGPOLE
(COURTYARD SERIES -EXTERNAL
4'X4-TUBULAR GALVANIZED
HALYARD -SINGLE STATIONARY
TRUCK (ESS) MODEL 0 ESS20BIl BY
STEEL FRAME 12-o.C.
AMERICAN FLAGPOLE OR EQUAL)
6'%4'T18ULAR GALVANIZED
SUBMIT SHOP DRAWINGS OF EQUAL---
_TI ____
STEEL FRAME
TOOWNER'B REPRESENTATIVE FOR
APPROVAL PRIOR TO CONSTRUCTION.
_
SEE DETAIL iVM S FOR MASONRY
WELDED CONNECTIONS
PU-TERPLATE CONNECTION
SEE STRUCTURAL PLANS FOR_
-
SEAT WALL, PILASTER, AND
I� II
FLAGPOLE CONNECTIONS
NOTE: CONTRACTOR TO SUBMIT
I =_
I=III=-'-III=III='
SHOP DRAWINGS FOR REVIEW BY
-=III=III=III(=III='
_ _
=III=II= =II=
OWNER'S REPRESENTATIVE PRIOR
_ _
TO CONSTRUCTION
ELEVATION VIEW OF COLUMNS AND WALL
0'
SECTION VIEW
OF SIGN
PLAN VIEW OF COLUMNS AND WALL
MONUMENT WALL
G6.9
NOT TO SCALE
4 1/2" DIA. BALL
WELDED IN PLACE
1" EYE RING
F- MATCH BASE OF LIGHT
STANDARDS LOCK
I
BASE TO MATCH SELECTED LIGHT POST (2) I/4' % 2" -1 2" METAL PLATE
�i
WELDED TO BOLLARD
I I
SPACE TO ACCOMOANCHOR
I I
PLATE IN CENTER, AND AND LOCK
I I
4 1/2" DIA. BALL
LOCK -----------
I I
BAND
�CONC.
BRICK PAVING
SEE DETAIL \ _ �6�
ASPHALT PAVING
-,-REBAR
I 4" X 2" %.. - ANCHORPLATEW/
;;§".
1/2" DIA. ��
HOLE AS INDICATED•.6. PIPE E%TENSION
IMBED IN CONC. BASE 3- I.D. PIPE SLEEVE
PLAN VIEW
y57 STONE BASE -
8" THK.
�2 \
REMOVABLE BOLLARD
G6.9
NOT TO SCALE
HELDSTONE BEAT WALL
AND 4-FIELOBTONE GAP
(SEE STRUCTURAL FOR
WALL DETAILS HEIGHT
AND 4HEIGHT)
(SIM.)
NOTE: INDMDUAL CUT LETTERS AVAILABLE THROWN METALLIC ARTS (OR EQUAL) 14-1-S:
MOUNTING STUDS. LETTERS WILL BE ARIAL, TRUE ttPE FONTAND BOLO. CONTRACTOR MUST
PATTERNED LETTERS FOR OWNER'S APPROVAL. ONE COR-TEN LETIER MUST BE SUPPLIED TO
LETTERS ISI BEASINDICATED AND SPACING WORDSISTO BE AS
N E OFR C LEVEL ATHINS
WAIL PER MANUFACNRERS DIRECTIONS. FACE OF ROCK AT LETTERS TO BE LEVEL WITHIN U
r
PARK SIGNAGE
C- .9
NOT TO SCALE
'rl•4
BEINEEN PLATE
50NRY TO
E LEVEL BEARING
M
—12' 0 HILT HY-70 OF
MIN. EMBEDMENT
NOTECENTER PLATE HORIZONTALLY ON MASONRY PILASTER
4 MASONRY PILASTER PLATE
G6.9 / NOT TO SCALE
NOTES:
1. THERE ME (A) WAY -FINDING SIGNS AND (I) PARK ORDINANCE SIGN FOR A
TOTAL OF SIGNS. SEE DETAIL i 1&2 ON SHEET 042.
2. COLORS TORE MPROVEDBYTHEOWNER.
0. PROVIDE SHOP DRAWING FOR APPROVAL BY O—ER'S REPRESENTATIVE
BEFORE FABRICATION.
S. PROA EIESTRESULTSFORASTMD611147ANDASTMOS-7.
4. PROVIDE A WYEAR MANUFACTURERS WARRANTY ON MATERIAL.
5 '
4-'
`I
SIGN PANEL. %' THICK
SOLID HDPE LUMBER W11H
NO ODARNGLED
PRODUCTS ADDED (TYPJ
]MAN DIBOND PANEL WITH
''1y
CRAPryC MAP
DIGITALLY PRINTEDPRINTED
'}
GBAPHICSAP EDTOFIRST
'
SURFACE, PRINT TO HAVE
STANDARDLUSTER
OVER -LAMINATE.
_
(SEE SHE=—.2.
4
FOR ORMHICS)
�
,..
%'1HICK SOLID HOPE
TNeA j1YP)
I
>?
PANELAFFIXEDTOIBOSK
MATH VHB ADHESIVE
— --
THE AND SILICONE
I
`�.
SUBGRADE
SCOMPACTED
CONCRETE FOUNDATION
'- x Sy'- SOLID HOPE POST
STILES®/AETAL.ICMTS.COM. MANUFACTURED FROM COR-TEN •RUST-, I4-HIGH. %-THICK WITH
MATH NOCOMINGLED
CHASE A MOUNTING PATTERN FOR EACH LETTER qND PRESENTAMOCK UPON SITE WATIi
PRODUCTS ADDED (r'IPJ
VER FOR APPROVAL PRIOR TOPURCHASING THE REST OF THE LETTERS. SPACING BETWEEN
ERMUST HAVE S YEMS EXPERIENCE WITH SWNAOE INSTALLATION. W STALL LETTERS INTO STONE
- EACH OTHER TOALLOW FOR LETTERS TO BE MOUNTEDPLUMB.
KIOSK
G6 9 NOT TO SCALE
ENGINEER:
FORESITE
Foresite Group, Inc.
5185 Peachtree Pkwy. 0 1 770.368.1399
Suite 240 f 1 770.36&1944
Norcross, GA 30092 w 1 —fg-inc.net
OWNER:
M 11TON*t
Is.TAMICNtn>mn
13000 DEERFIELD PARKWAY. SUITE 107
MILTON. GA 300004
P: 618.242.2500
F. 6762422499
CONTACT: MR JIM CREGGE
Y
N
H
O !n
Qa�o
O
N
Lu
W
J M
C
�
J
J
LU
m
SEAL.
�ORG
+0 �.pE
PE
FE
to
Pi GINS 4i
C9 S. NA
9/ J6/ly
REVISIONS
DATE
BID SET
OV412014
CONFORMEDSET
0711472014
CONSTRUCTION SET
09112014
PROJECT MANAGER
ESM
DRAWING BY:
AP
JURISDICTION.
MILTON. GA
DATE'
12 DECEMBER2013
SCALE:
AS SHOWN
TITLE'.
CONSTRUCTION DETAILS
SHEET NUMBER
C-6.9
COMMENTS
RELEASED FOR CONSTRUCTION
JDBRLE NUMBER-.
488.002
HB 110 - Fireworks
HB 110 by Rep. Jay Robert (Ocilla) passed during the 2015 Legislative Session. It has been signed by Gov. Nathan Deal.
HB 110 allows for the sale of fireworks in Georgia. Below are listed the key points of this legislation.
Permit to Sell Fireworks
• Georgia's Safety Fire Commissioner (which is also the State Insurance Commissioner) will issue a state license to
sell fireworks after an applicant meets specific insurance and criminal background requirements and pays the
state license fee.
Where Fireworks Can Be Sold
• Fireworks can be sold statewide. Local governments cannot ban or restrict firework sales within their
jurisdictions.
• Local governments are allowed to regulate where fireworks can be sold through local zoning regulations.
• Fireworks may be sold from a permanent consumer fireworks retail sales facility, store or temporary structure if
it complies with the requirements as described by the National Fire Protection Association.
• Temporary structures for the sale of fireworks must be set-up within 1,000 feet of a fire hydrant or a fire
department connection of a building unless the chief administrative officer of a fire department gives
permission in writing stating otherwise.
Usage of Fireworks
• Fireworks can be used between the hours or 10:00 a.m. and midnight. On January 1, July 3, July 4 and December
31, fireworks can be used from 10:00 a.m. through 2:00 a.m.
• Fireworks cannot be exploded within 100 yards of a nuclear power facility or a gas station, or a facility that
refines, processes, or blends gasoline.
Fees Payable to Local Governments
• Local governments may assess a fee up to $100 for the issuance of a special use permit.
• The license fee for a distributor selling consumer fireworks from a temporary consumer fireworks retail sales
stand is set at $500 and expires 90 days after it has been issued.
• Local government must dedicate fees collected from the issuance of a special use permit for the sale of
fireworks for public safety purposes.
Excise Tax on the Sale of Fireworks
• The sale of fireworks is subject to a 5 percent excise tax. The funds from the excise tax go to the State of
Georgia.
Additional Local Government Regulations
• Local governments are not allowed to enact additional regulations related to the sale or use or explosion of
fireworks, except as provided by state law.
May 27, 2015
�MSOCIATION
UNICIPAI.
FAQ,
Q: What was the purpose and reasoning behind HB 110?
A: This legislation has been enacted as a competitive, economically driven piece of legislation. The
Georgia General Assembly determined that many of our neighboring states allow the sales of larger,
consumer fireworks, and that many residents of Georgia would purchase such fireworks out of state,
proving a loss of sales tax in the state, as a result.
Q: What is a consumer firework? What is a consumer fireworks retail sales facility? What is a consumer
fireworks retail sales stand?
A: The term "consumer fireworks" is a new term to Georgia law and it covers fireworks that comply with
certain construction and composition requirements set out by federal regulations. The types of
fireworks include the larger fireworks sold in some of our neighboring states to the general public
which are currently not sold in the State of Georgia. A "consumer fireworks retail sales facility" uses
the same definition for such term issued by the National Fire Protection Association, which means a
"permanent or temporary building or structure, CFRS stand, tent, canopy, or membrane structure that
is used primarily for the retail display of consumer fireworks to the public." Similarly, "consumer
fireworks retail sales stand" means a "temporary or permanent building or structure that has a floor
area not greater than 800 ft. sq., other than tents, canopies, or membrane structure, that. is used
primarily for the retail display and sale of consumer fireworks to the public."
Q: Are there any restrictions on where fireworks can be used in Georgia?
A: Yes. It is illegal to use any fireworks indoors and it is illegal to use consumer fireworks between
midnight and 10am on any day of the year except January 1, July 3, July 4, and December 31. On those
dates it will be illegal to use consumer fireworks between tam and 10am. It will also be illegal to use
consumer fireworks within 100 yards of a nuclear power facility or any facility engaged in the retail sale
of gasoline or the production, refining, processing, or blending of gasoline for retail purposes.
Q: Can the city place further restrictions upon the places fireworks or consumer fireworks are used?
A: No. Cities cannot establish more stringent use restrictions than those specified in the state law. This
means the city cannot prohibit the use of fireworks or consumer fireworks in many locations including,
but not limited to, around city buildings, in city parks, on school property, on nursing home property,
around hospitals and other medical facilities, around establishments holding large quantities of
flammable liquids other than gasoline, and many other locations. The city, however, may grant special
use permits to persons and parties which wish to use consumer fireworks at times outside of the scope
of the time permitted by state law and may charge a permit fee of up to $100 for such special use
permit.
May 27, 2015
Q: Where can consumer fireworks be sold?
A: Consumer fireworks can be sold from permanent consumer fireworks retail sales facilities so long as
such facilities meet the state licensing, safety, and insurance requirements set out by law. Cities have
no regulatory authority over such permanent consumer fireworks retail sales facilities other than the
ability to zone locations within the city which they may and may not be located. A city cannot ban the
sales of consumer fireworks within its jurisdiction. In regards to temporary consumer fireworks retail
sales stands, such facilities must be in compliance with the NFPA 1124 and must be within 1000 feet of
a fire hydrant or fire department connection in a building affiliated with such stand, unless specifically
granted a waiver in writing by the chief administrative officer of the city fire department.
Q: Does the city get any licensing fee from establishments selling fireworks? On what things can the city
spend such funds?
A: The licenses granted to permanent consumer fireworks retail facilities initially cost $5000 per location
and then $1000 per year for renewals. These funds, however, go directly to the state. The licenses
granted to temporary consumer fireworks retail stands are $500 per location and these funds are
payable to the local government in which the stand will be located. Licenses for these temporary
stands cannot be issued before January 1, 2016, and the sales from such stands must accrue to the
benefit of a nonprofit group. The local government cannot set fees or regulations above those required
by the state law, except as specifically authorized, as described in a question below. The fire
department must make a determination of whether such temporary stand meets the requirements of
the law within 15 days. If it has not been reviewed then the judge of the probate court will be able to
determine whether the temporary stand can be located within the city. Any funds the city receives
from this license fee has to be spent for public safety purposes.
Q: Does this mean that the city has no regulatory authority over the permanent structures? Can we ;-Gt
pass an ordinance?
A: The city may regulate the permanent structures via zoning, as it might any other type of business
located within the city, but the regulatory authority over the permanent structures selling consumer
fireworks rests with the state and the Safety Fire Commissioner. This means the city cannot pass an
ordinance more stringent that the state rules and regulations as the state has occupied the field of
fireworks regulation.
May 27, 2015
Q: Can we prohibit the sale or use of fireworks in our city?
A: No, the legislation specifically prohibits local governments from prohibiting "the sale or use or
explosion of consumer fireworks or products or services which are lawful" under the remainder of the
legislation. This means the city cannot prohibit the sales or use of consumer fireworks.
Q: Can the city regulate temporary consumer fireworks retail stands beyond the scope of the state law?
A: Yes, the legislation specifically states that local governments "may further regulate the sale of
consumer fireworks from temporary consumer fireworks retail stands." This does not mean the city
can directly contradict the regulations set out in law on such temporary stands, but it does mean that
the city can enact further regulations above those set out in the law on such stands.
Q: When does this law go into effect?
A: The majority of the law goes into effect on July 1, 2015. However, sales from temporary consumer
fireworks retail stands cannot begin until January 1, 2016. These stands are the only part of this law
which local governments have control over.
May 27, 2015