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P-4 FIRE PROTECTION

P-4-1 PURPOSE

The purpose of this chapter is to establish the adoption of the Uniform Fire Code to ensure that any buildings constructed within the City of Fort Pierre are in accordance with the Uniform Fire Code in order to reduce the potential of fires and protect the citizens of the City of Fort Pierre. This chapter shall also establish rules regarding the sale and discharge of fireworks within the City of Fort Pierre.

Source: Ord. 845

Authority: SDCL 9-33-1, 9-33-4, 9-33-4.1

P-4-2 FIRE CODE

There is hereby adopted that certain code known as the International Fire Code as adopted by the State of South Dakota, in whole except such portions as have been deleted, modified, or amended and, as so deleted, modified, or amended are filed in the City Finance Office for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Additional deletions, modifications, and amendments may from time to time be made by the City Council and shall be effective upon their adoption and filing with the City Finance Officer or his designee. The City Finance Officer or his designee shall keep and maintain a master copy of said code including all future deletions, modifications, or amendments which may be adopted by the City Council as herein provided and the same shall be available and subject to public inspection at all reasonable times.

Source: Ord. 845, 1012

Authority: SDCL 9-19-7, 9-29-1, 9-33-1, 9-33-4, 9-33-4.1

P-4-3 SALE AND DISCHARGE OF FIREWORKS

P-4-3.1 PERMIT REQUIRED

It is unlawful for any person, firm, partnership, or corporation to sell retail fireworks without a fireworks permit issued by the City Finance Officer or their designee.  A separate permit process and applicable fee will be required for each time frame: June 29 through July 5 and December 29 through December 31.

Source: Ord 1037

Authority: SDCL 9-29-1, 9-33-1

P-4-3.2 PERMIT FEE

The fee for the permit required in P-4-3.1 shall be One Thousand Dollars ($1,000.00) payable to the City of Fort Pierre upon application for the fireworks permit for the June 29 through July 5 time frame.  The fee for the permit required in P-4-3.1 shall be Four Hundred Fifty Dollars ($450.00) payable to the City of Fort Pierre upon application for the fireworks permit for the December 29 through December 31 time frame.  Such fees are non-refundable, unless City Council action is taken to refund the fee.

Source: Ord 1037

Authority: SDCL 9-29-1, 9-33-1

P-4-3.3 SALE OF FIREWORKS

No person, firm, partnership, or corporation shall offer fireworks for retail sale to individuals except during the period beginning June 29, extending through July 5 and beginning December 29, extending through December 31.

Source:  Ord 943, 944, 1037

Authority: SDCL 9-29-1, 9-33-1, 34-37-10

P-4-3.4 POSSESSION AND SALE OF CERTAIN FIREWORKS PROHIBITED

No person, firm, partnership, or corporation shall possess with intention to discharge or offer for retail sale within the City Fort Pierre or its jurisdictional boundaries, fireworks commonly known as bottle rockets that have an overall length less than 14 inches and a rocket motor length less than 2 inches.

Fireworks permitted to be offered for retail sale during the December 29 through January 1 time frame are limited to the following: fountains, cakes, and artillery shells.

Source: 944, 1008, 1037

Authority: SDCL 9-29-1, 9-33-1, 34-37-10

P-4-3.5 HOURS OF SALE

Sales are permitted between the hours of 9:00 a.m., Central Time, and 10:30 p.m., Central Time, from June 29 through July 2 and on July 5.  Sales are permitted between the hours of 9:00 a.m., Central Time, and 12:00 midnight, Central Time, on July 3 and July 4.

Sales are permitted between the hours of 9:00 a.m., Central Time, and 8:00 p.m., Central Time, on December 29 and December 30. Sales are permitted between the hours of 9:00 a.m., Central Time, and 12:00 midnight, Central Time, on December 31.

Source:  Ord 944, 1037

Authority: SDCL 9-29-1, 9-33-1, 34-37-10

P-4-3.6 DISCHARGE OF FIREWORKS

Fireworks, as described in SDCL 34-37-5, except fireworks commonly known as bottle rockets, may be discharged within the city limits between the hours of 9:00 a.m., Central Time, and 10:30 p.m., Central Time, from June 29 through July 2, and on July 5.  Fireworks, as described in SDCL 34-37-5, except fireworks commonly known as bottle rockets, may be discharged within the city limits between the hours of 9:00 a.m., Central Time, and 12:00 midnight, Central Time, on July 3, July 4.

Fireworks, as listed below, may be discharged within the city limits between the hours of 5:00 p.m., Central Time, and 8:00 p.m., Central Time, on December 29 and December 30. Fireworks, as listed below, may be discharged within the city limits between the hours of 5:00 p.m., Central Time, and 12:00 midnight, Central Time, on December 31 and between the hours of 12:00 midnight, Central Time, and 1:00 a.m., Central Time, on January 1.

Fireworks permitted to be discharged during the hours listed above on December 29 through January 1 are limited to the following: fountains, cakes, and artillery shells.

The City Council may grant a permit for special event displays, as described in SDCL 34-37-13.

Source:  Ord 899, 943, 944, 1008, 1037

Authority: SDCL 9-29-1, 9-33-1, 34-37-16.1

P-4-3.7  PENALTIES FOR VIOLATION OF ORDINANCE P-4-3

Person or persons that are in violation of Ordinance P-4-3, Possession, Sale and Discharge of Fireworks, shall be fined in accordance with the following table:

Violation Fine
Person or persons possessing or discharging prohibited fireworks $10 per prohibited item found in their possession or found to have been discharged
Person, persons or entities who are licensed to sell fireworks that are found to be in possession of prohibited fireworks $1,000 per day the licensed person, persons or entity possesses the prohibited fireworks and immediate loss of license to sell fireworks in Fort Pierre for period of one year from the date of violation.
Person, persons or entities who are licensed to sell fireworks that are found to be selling fireworks during non-permitted hours or days $1,000 per day the licensed person, persons or entity sells during non-permitted hours or days and immediate loss of license to sell fireworks in Fort Pierre for period of one year from the date of violation.

P-4-4  SKY LANTERNS PROHIBITED

Source:  Ord 1008

P-4-4.1  POSSESSION, SALE AND DISCHARGE OF SKY LANTERNS PROHIBITED

No person, firm, partnership, or corporation shall possess with the intention to release, offer for retail sale, or release “Sky Lanterns” within the City of Fort Pierre or within its jurisdictional boundaries.

“Sky lanterns” are unmanned airborne lantern typically made of paper with a light frame containing a candle, fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air.  Sky candles, fire balloons, Chinese lanterns and airborne paper lanterns are considered “sky lanterns.”

Source:  Ord 1008

P-4-4.2  PENALTIES FOR VIOLATION OF ORDINANCE P-4-4.1

Person or persons that are in violation of Ordinance P-4-4.1, Possession, Sale and Discharge of Sky Lanterns Prohibited, shall be fined in accordance with the following table:

Violation Fine
Person or persons possessing or discharging prohibited Sky Lanterns $10 per prohibited item found in their possession or found to have been discharged
Person, persons or entities who are licensed to sell fireworks that are found to be in possession of prohibited Sky Lanterns $1,000 per day the licensed person, persons or entity possesses the prohibited sky lanterns and immediate loss of license to sell fireworks in Fort Pierre for period of one year from the date of violation.

Source: Ord. 1008