ORDINANCE NO. 667
OF THE
CITY OF ELGIN, NEBRASKA
AN ORDINANCE OF THE CITY OF ELGIN, ANTELOPE COUNTY, NEBRASKA, TO AMEND THE DEFINITION OF FIREWORKS AND PERMITTING THE SALE OF FIREWORKS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDINANCE BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, NEBRASKA AS FOLLOWS:
Section 1. Section 8-401 in Chapter 8, Article 4, of the Elgin Municipal Code is amended, adopted and shall be incorporated to read and provide as follows:
SECTION 8-401: PERMITTED FIREWORKS
A. Consumer fireworks shall be defined as any device that (i) meets the requirements set forth in 16 C.F.R. parts 1500 and 1507, as such regulations existed on January 1, 2021, and (ii) is tested and approved by a nationally recognized testing facility or by the State Fire Marshal.
B. Consumer fireworks shall include, but not be limited to, 1.4G explosives as allowed pursuant to Nebraska law.
C. Consumer fireworks shall not include (i) wire sparklers; or (ii) fireworks that have been tested by the State Fire Marshal as a response to complaints and have been deemed to be unsafe.
D. The provisions of this section shall not apply to toy cap pistols or toy caps, each of which does not contain more than .25 of a grain of explosive material, nor any fireworks to be used for purposes of public exhibitions or display or agricultural purposes under authorization by the City Council and pursuant to written authorization from the State Fire Marshal as required by Nebraska law.
Section 2. Any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed.
Section 3. This ordinance shall be in full force and effect on and after its passage, approval, and publication as provided by State Law.
PASSED AND APPROVED this 6th day of June, 2002.
By Mike Schmitt
Mayor
Attest:
Kristin L. Childers
City Clerk
PUBLISH: June 15, 2022
ZNEZ
