For the purpose of this Code, the entire City is declared to be and is hereby established as a fire district. Within said fire district there shall be Fire Station Response Districts designated as Fire Station 1 District, Fire Station 2 District, and Fire Station 3 District. Each such District shall include such territory or portions of the City as illustrated, outlined and designated on a certain map on file in the office of the City Clerk, being marked and designated as "Fire Station Districts of the City of Kearney," which is hereby adopted as the Fire Station Response map of the City for the application of the regulations included in this Code. Whenever in this Code, reference is made to any fire station response district, it shall be construed to mean one of the fire station response districts hereby created.

(Ord. No. 2753, 2(12.2), 12-27-77; Ord. No. 4080, 1, 3-28-89; Code 1980, 14-1; Ord. No. 8675, § 1, 5-28-2024)

The Fire Department shall forthwith move its fire and other emergency equipment and personnel outside the City and place them in immediate operation whenever ordered to do so by the State Emergency Management Agency and to such place as it shall direct, either in the event of an emergency as defined by the "Nebraska Disaster and Civil Defense Act of 1973, as currently amended," or in connection with any program for practice and training.

(Code 1958, 2.2; Code 1980, 14-2; Ord. No. 6208, 12-23-96)

State Law reference— Disaster and civil defense, Neb. Rev. Stat. 81-829.36, et seq.; Moving fire equipment outside city limits in event of disaster or emergency, Neb. Rev. Stat. 81-829.65

The personnel of the Fire Department shall be considered as fully protected by the State worker's compensation law in the course of any movement and operation of the fire and other emergency equipment of the City as provided by the preceding section. The City Manager shall arrange with the insurance carrier that the policy of insurance against liability of the City arising under the worker's compensation law shall be amended by rider or otherwise so as to cover such movement and operation of the fire and other emergency equipment and personnel of the City, if such insurance policy does not now include that coverage.

(Code 1958, 2.3; Code 1980, 14-3; Ord. No. 6208, 12-23-96)

The "Nebraska Disaster and Civil Defense Act of 1973, as currently amended" shall insofar as applicable be a part of the two (2) preceding sections.

(Code 1958, 2.4; Code 1980, 14-4; Ord. No. 6208, 12-23-96)

The existing volunteer fire companies of the Kearney Volunteer Fire Department, as they may be increased or decreased, are hereby declared to constitute the City Fire Department.

(Ord. No. 2753, 5(12.41), 12-27-77; Ord. No. 3158, 1, 2-12-80; Code 1980, 14-16) and (Code 1958, §12.24-1; Ord. No. 2753, 6(12.42), 12-27-77; Code 1980, 14-17)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-222

It shall be the duty of the fire companies of the City to keep their apparatus, hose, engines and other equipment in serviceable condition and to respond as quickly as possible with safety to all fires and to remain thereat until dismissed by the Chief or officer in charge of the City Fire Department.

(Ord. No. 2753, 5(12.41), 12-27-77; Ord. No. 3158, 1, 2-12-80; Code 1980, 14-18)

There are hereby created the offices of the Chief, one (1) Deputy Chief, three (3) Battalion Chiefs, five (5) Captains, and seven (7) Lieutenants.

(Ord. No. 2753, 5(12.41), 12-27-77; Ord. No. 3158, 1, 2-12-80; Code 1980, 14-19; Ord. No. 8489, § 1, 5-25-2021)

The members of the City Fire Department shall be under the command and control of the Chief at all fires. It shall be the duty of each and all members of the City Fire Department to obey the orders of the Chief and follow his/her directions.

(Ord. No. 2753, 5(12.41), 12-27-77; Ord. No. 3158, 1, 2-12-80; Code 1980, 14-20)

It shall be the duty of the Chief of the City Fire Department to preserve and maintain order at all fires and for the purpose thereof he/she is hereby empowered and authorized to call upon the police officers of the City to aid him/her in the performance of this duty.

(Code 1958, 12-26; Ord. No. 2753, 6(12.44), 12-27-77; Code 1980, 14-21)

It shall be the duty of the City Fire Department after the engines are withdrawn and the firefighters dismissed from any fire within the City to have and keep charge of the premises for twenty-four (24) hours thereafter or until the probable danger of smolder fire is past and a reasonable time had for the investigation of the cause of the fire; and, during this time, the Chief or his/her subordinate officer(s) shall cause strict watch to be kept and guard the premises of the fire.

(Code 1958, 12.27; Ord. No. 2753, 6(12.45), 12-27-77; Code 1980, 14-22)

The Chief of the City Fire Department or his/her designated officer(s) shall investigate and determine to the best of his/her ability the cause, origin and circumstances of every fire hereafter occurring in the City and report the same to the City Manager. Such investigation shall commence immediately after the occurrence of the fire. The officer making such investigation shall forthwith notify the State Fire Marshal and shall within one (1) week of the occurrence of the fire furnish the Fire Marshal a written report of all facts relating to the cause and origin of the fire and such other information as may be called for by the form provided by the State Fire Marshal.

(Code 1958, 12.28 and 12.29; Ord. No. 2753, 6(12.46) and 6(12.47), 12-27-77; Code 1980, 14-23 and 14-24)

The Chief of the City Fire Department shall keep a record of all fires and fire alarms, their location, the class of building or structure damaged or destroyed, the purpose for which it was used, the cause of the fire, the amount of loss, the amount of insurance and such other information as may be relevant. He/she shall include in such report a record of any injury that may have been sustained by any person on account thereof. Such record shall at all times be available for the inspection of the City Manager.

(Code 1958, 12.30; Ord. No. 2753, 6(12.48), 12-27-77; Code 1980, 14-25)

The Chief of the City Fire Department shall submit an annual report to the City Manager summarizing the operation of the department for the preceding year, and shall include therewith an inventory of the property of the department.

(Ord. No. 2753, §6(12.49), 7, 12-27-77; Code 1980, 14-26)

It shall be the duty of the Deputy Chief and Battalion Chiefs of the City Fire Department to assist the Chief in matters pertaining to the City Fire Department and to exercise the powers and duties the Chief during the absence or disability of the Chief.

(Ord. No. 2753, 5(12.41), 12-27-77; Ord. No. 3158, 1, 2-12-80; Code 1980, 14-27; Ord. No. 8489, § 1, 5-25-2021)

It shall be the duty of each member of the City Fire Department to prevent as far as within his/her power the unnecessary destruction of the contents of any building or structure on fire.

(Ord. No. 2753, 5(12.41), 12-27-77; Ord. No. 3158, 1, 2-12-80; Code 1980, 14-28)

Any member of the City Fire Department who shall willfully and without good cause disobey any order of the Chief when at a fire may be summarily expelled from the company and City Fire Department by the Council of the City.

(Ord. No. 2753, 5(12.41), 12-27-77; Ord. No. 3158, 1, 2-12-80; Code 1980, 14-29)

Any person who shall willfully offer any hindrance to, or interfere with, any firefighter in the performance of his/her duty at a fire, or while going to a fire, or shall in any manner willfully injure any fire engine, apparatus or other equipment for putting out fires, or shall give any false fire alarm shall be deemed guilty of a misdemeanor.

(Code 1958, 12.25; Ord. No. 2753, 6(12.43), 12-27-77; Code 1980, 14-30)

No obligations, except in emergencies and with regard to minor expenditures, shall be incurred on behalf of the City Fire Department unless authorized by the City Manager.

(Code 1958, 12.32; Ord. No. 2753, 6(12.50), 12-27-77; Code 1980, 14-31)

There is hereby adopted as a fire code by the City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion those publications known as the "NFPA 1, 2012 Edition with Nebraska Amendments 2019" and "NFPA 101, Life Safety Code 2012 Edition with Nebraska Amendments", the whole thereof, save and except such portions as are in conflict with the provisions of this Code or other ordinances of the City, the said publications are hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the City and within two (2) miles thereof. One (1) printed copy of said publications shall be kept in the office of the Fire Administrator for use and examination of the public and one (1) copy shall be kept on file in the office of the City Clerk.

(Code 1958, 12.1; Ord. No. 3865, 1, 9-23-86; Ord. No. 3916, 1, 5-12-87; Code 1980, 14-43; Ord. No. 6178, 9-24-96; Ord. No. 6548, 6-22-99; Ord. No. 7334, 3-27-2007; Ord. No. 8675, § 2, 5-28-2024)

State Law reference— Adoption of standards codes, Neb. Rev. Stat. 18-132

The purpose of this Code is to prescribe regulations consistent with nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from the hazardous from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials, and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises.

(Ord. No. 6178, 9-24-96; Ord. No. 7334, 3-27-2007)

(Ord. No. 7334, 3-27-2007; Ord. No. 8084, 6-28-2016; Ord. No. 8675, § 3, 5-28-2024)

All stoves, ranges, fireplaces, ovens and furnaces within all buildings shall be so placed and protected by sufficient and durable shields that fire or heat therefrom may not ignite any wall, floor or ceiling of the house, nor the furniture or fixtures therein.

(Code 1958, 12.3; Code 1980, 14-46)

Except as otherwise provided herein, open burning within the City is hereby prohibited. The Fire Department may, with the approval of the City Manager, conduct controlled training burns or controlled burning of combustible vegetation necessary for public safety.

(Code 1958, 12.6; Code 1980, 14-47; Ord. No. 6548, 6-22-99; Ord. No. 7334, 3-27-2007)

No homemade oil-burning stoves or devices that burn crankcase drainings shall be permitted within the City.

(Code 1958, 12.7; Code 1980, 14-48)

(Ord. No. 2753, 2(12.8), 12-27-77; Code 1980, 14-49; Ord. No. 7334, 3-27-2007)

It shall be unlawful for any person to have, keep, suffer or permit any hay, straw, trash, dry litter or other combustible substance, unhoused or uncovered and unprotected from fire on any lot, lots or parcels of land in the City, that is not used exclusively for agricultural farming. The term "agricultural farming" as used in this section excludes truck farming, truck patches, gardens and cultivation of isolated lots not within the outlying districts of the City where general farming is carried on.

(Code 1958, 12.20; Ord. No. 2753, 2(12.12), 12-27-77; Code 1980, 14-50)

(Ord. No. 6178, 9-24-96; Ord. No. 7334, 3-27-2007)

The term "Outdoor fireplaces" shall include Fire Pits, Portable Fire Pits, and Chimineas. These residential outdoor fireplaces use wood as a fuel and are used for contained recreational fires located at a private residence for the purpose of outdoor cooking and personal enjoyment. Outdoor fireplaces do not include barbeque grills that use propane or charcoal as a fuel and used primarily for outdoor cooking. Portable Fire Pits are defined as being commercially designed and intended to confine and control outdoor wood fires. Chimineas are defined as an outdoor patio fireplace, usually made from clay, intended to confine and control outdoor wood fires. Fire pits are usually constructed of steel, concrete and/or stones and constructed above ground with a heavy steel screen cover. All outdoor fireplaces shall meet the following requirements:

a.

Clearances. A minimum ten-foot clearance shall be maintained between the outdoor fireplace and combustible walls, roofs, fences, decks and other combustible material.

b.

Construction. Outdoor fireplaces shall be constructed of concrete or approved non-combustible materials. The fire fuel area and openings shall be completely enclosed by steel screening or an approved non-combustible screening material with openings in screening to be not larger than ½-inch square. Vent stacks and chimneys shall have a steel screen cover made of heavy wire mesh or other non-combustible material with openings not larger than ½-inch square or as approved by the Fire Chief. Fire fuel areas for fire pits shall be covered with a steel screen cover made of heavy wire mesh or other non-combustible material with openings not larger than ½ -inch square. Not permitted are barrels, half-barrels, drums or similarly constructed devices.

c.

Size. The fuel area for a fire pit shall not be larger than three (3) feet in diameter and a height of more than two (2) feet.

d.

Location. Outdoor fireplaces shall be placed on a stable non-combustible surface such as a concrete pad. Outdoor fireplaces shall not be located on combustible balconies or on any balcony above the first floor that are attached to a multiple family dwelling of three or more living units located one above the other. Outdoor fireplaces shall not be located under any combustible balcony or any overhanging part of a structure attached to a multiple family dwelling of three or more living units.

e.

Type of Materials Being Burnt. Burn untreated wood. Petroleum products, rubbish, grass, leaves, cardboard, plastics, rubber or any material that may flow out of the containment or cause excessive heat, smoke, or offensive smell shall not be permitted.

f.

Amount of Materials Being Burnt. Limit the amount of material being burnt to ensure the flames are confined inside the fuel area of the outdoor fireplace and the flames do not extend into the chimney or above the pit. Follow the manufacture's recommendation on the maximum amount of fuel to be used at one time.

g.

Supervision. Outdoor fireplaces shall be under constant supervision by at least one responsible person of age 18 or older from the ignition of the fire until the fire is completely extinguished and embers are cool and the fire will not rekindle.

h.

Provisions for Protection. A garden hose connected to a water supply or other approved fire extinguishing equipment shall be readily available for use.

i.

Wind and Weather Conditions. Outdoor fireplaces shall not be operated when winds are blowing over 10 mph and wind direction will cause smoke, embers, or other burning materials to be carried by the wind toward any building or other combustible materials. Outdoor fireplaces shall not be operate when weather conditions are extremely dry.

j.

Maintenance. The owner is responsible to ensure proper maintenance and care is accomplished in accordance with manufacturer's instructions. At the minimum the outdoor fireplace will be checked regularly for the appearance of cracks and other physical deterioration or loose parts.

k.

Discontinuance. Smoke from any outdoor fireplace shall not create a nuisance for neighboring property owners. The fire shall be extinguished immediately upon the complaint of the neighboring property owner of any smoke nuisance. The fire chief is authorized to require outdoor fireplace use to be immediately discontinued if the use of the outdoor fireplace is determined by the chief to constitute a hazardous condition to occupants of surrounding property.

l.

Permit. A site plan showing the location of the fire pit on the property and a detailed drawing of the construction of the fire pit shall be submitted to the Fire Department for review. Approved plans will serve as the permit. A permit will not be required for Portable Fire Pits or Chimineas provided they are commercially designed and have been approved by an independent testing laboratory.

(Ord. No. 6802, 7-24-2001)

When any wooden or combustible building or structure within the jurisdiction of the City of Kearney shall be damaged by fire or other casualty to the extent of fifty-one percent (51%) of its value exclusive of foundation, it shall not be repaired or rebuilt, but shall be taken down and removed within thirty (30) days from the date of the casualty. Determining the fifty-one percent (51%) shall be based on the NHBA Construction Cost Breakdown of the current year of the adopted building codes and the assessed value of the structure. Any person who shall fail, neglect or refuse to remove these damaged building or structure within thirty (30) days from the date of the casualty thereto shall be deemed to have committed a misdemeanor as defined in Section 1-111 and each day that they fail to comply shall constitute a separate offense.

(Ord. No. 2753, 2(12.9), 12-27-77; Code 1980, 14-58; Ord. No. 7334, 3-27-2007; Ord. No. 8675, § 4, 5-28-2024)

In the event that any owner of the building or structure damaged as provided by this division is not within the jurisdiction of the court or cannot be found within the county, it shall be the duty of the City Manager, at the expense of the City, to have the building or structure removed and the cost thereof charged as a special assessment against the lot or parcel of ground on which it stood with proper deductions from the amount of the special assessment, when certified to the County Clerk for collection as other taxes, for the sale of materials salvaged from the damaged building or structure, if any.

(Code 1958, 12.18; Ord. No. 2753, 2(12.10), 12-27-77; Code 1980, 14-59)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-1722 and 18-1722.01

The City Manager, when the removal is made by him/her as provided in the preceding section, shall immediately bring and diligently prosecute an action in the name and on behalf of the City in any court having jurisdiction thereof for the recovery of the expenditure of the City in the removal of the building or structure and the costs of the action; provided, however, that the removal by the City Manager and the collection of the expenditure by suit, or otherwise, shall not bar any prosecution nor any penalty provided by this Code.

(Code 1958, 12.19; Ord. No. 2753, 2(12.11), 12-27-77; Code 1980, 14-60)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-1722 and 18-1722.01

For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them:

FIREWORKS: Any composition or device designed for the purpose of producing a visible or audible affect by combustion, deflagration or detonation and which meets the definition of common or special fireworks set forth by the United States Department of Transportation in Title 49, Code of Federal Regulations.

CONSUMER FIREWORKS:

A.

Any device that (i) meets the Code of Federal Regulations 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.

1.4G explosives, also known as Class C fireworks or by United Nations shipping classification number UN0336, means any items classified as 1.4G explosives by the United States Department of Transportation in Title 49 of the Code of Federal Regulations, shall be considered consumer fireworks.

C.

Consumer fireworks does not include:

1.

Wire sparklers; or

2.

Fireworks that have been tested by the State Fire Marshal as a response to complaints and have been deemed to be unsafe.

SALE: Includes barter, exchange or gift or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.

(Ord. No. 2651, 3, 4-26-77; Code 1980, 14-68; Ord. No. 6925 12-10-2002; Ord. No. 7906, 6-24-2014; Ord. No. 7992, 5-12-2015; Ord. No. 8492, § 1, 5-25-2021)

State Law reference— Similar provisions, Neb. Rev. Stat. 28-1241

It shall be unlawful for any person to possess, sell, offer for sale, bring into this City, or discharge any fireworks other than consumer fireworks; except:

A.

Any display fireworks purchased from a licensed distributor; or

B.

Any display fireworks purchased by the holder of a display permit issued pursuant to Section 28-1239.01 of the Nebraska Revised Statutes, as amended; or

C.

Any fireworks brought into this State for storage by a licensed distributor and held for sale outside of this State;

D.

Any fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal to any holder of a distributor's license; or

E.

Toy cap pistols or toy caps, each of which does not contain more than twenty-five hundredths (0.25) of a grain of explosive material.

(Ord. No. 2651, 1, 4-26-77; Code 1980, 14-69; Ord. No. 7992, 5-12-2015)

State Law reference— Similar provisions, Neb. Rev. Stat. 28-1245

It shall be unlawful for any person to sell or offer for sale consumer fireworks in the City without first having made application for and received a permit to do so from the City Fire Administrator. Such permit shall be as set forth in the City of Kearney Comprehensive Fee Schedule and the funds received from the permits will be placed in the Fire Prevention Account of the Fire Department as a line item for fireworks safety and education training programs and material. The permit to sell consumer fireworks shall at all times be displayed at the place of business of the holder thereof. Applicants shall also pay an occupation tax as provided in Section 4-605 of this Code. Such permits shall not be transferable.

(Ord. No. 2651, 2, 4-26-77; Code 1980, 14-70; Ord. No. 5338, 12-10-91; Ord. No. 6925, 12-10-2002; Ord. No. 7241, 3-14-2006; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 7992, 5-12-2015; Ord. No. 8002, 6-9-2015)

Consumer fireworks may be sold or offered for sale in the City on June 28 through and including July 4 of each year.

(Ord. No. 2651, 4, 4-26-77; Code 1980, 14-71; Ord. No. 6547, 6-22-99; Ord. No. 6577, 11-9-99; Ord. No. 6925, 12-10-2002; Ord. No. 7897, 5-27-2014; Or. No. 8002, 6-9-2015)

State Law reference— Similar provisions, Neb. Rev. Stat. 28-1249

A.

Any person having obtained a permit to sell consumer fireworks may sell or offer for sale such fireworks only from a temporary stand or enclosure erected or placed on real estate for that purpose. No fireworks shall be sold from permanent buildings or structures in the City.

B.

If fireworks are to be sold from a temporary stand or enclosure, such stand or enclosure shall be of wood or steel frame construction covered with metal or wood.

C.

Any temporary enclosure or stand shall be permitted only in those areas of the City zoned for business or manufacturing, and only after a permit is obtained as described in section 4-603 for the sale of permitted fireworks.

D.

Such temporary enclosures or stands shall be permitted to remain on real estate where consumer fireworks are sold for only the period beginning on June 22 through and including July 7 of each year.

E.

Any person, as part of obtaining a permit, must pay an additional fee by separate check as set forth in the City of Kearney Comprehensive Fee Schedule. This deposit will be refundable if the temporary stand is cleaned up and removed by 5:00 p.m. July 7 of that calendar year.

F.

Any such temporary stand or enclosure shall not be located closer than twenty-five feet (25') from any building, and at least one hundred feet (100') from any station where gasoline and oil for motor vehicles is sold. Such temporary stand or enclosure shall not exceed four hundred (400) square feet in size.

G.

Only approved electric space heaters with tip-over safety switches may be used for heating. A minimum distance of three (3) feet of clear space between the face of the space heater to fireworks and other combustible materials must be maintained.

(Ord. No. 2651, 5, 4-26-77; Code 1980, 14-72; Ord. No. 5338, 12-10-91; Ord. No. 6547, 6-22-99; Ord. No. 6925, 12-10-2002; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 8002, 6-9-2015; Ord. No. 8468, § 1, 2-23-2021)

Any person who shall sell or offer for sale fireworks in the City, or any person employed by another to sell or offer for sale such fireworks, must be at least eighteen (18) years of age, except that persons who are age fourteen (14) through eighteen (18) inclusive may, when working in the direct presence and supervision of an adult twenty-one (21) years of age or older, sell or offer for sale such fireworks.

(Ord. No. 2651, 6, 4-26-77; Ord. No. 4007, 1, 4-12-88; Code 1980, 14-73)

It shall be unlawful for any person to discharge fireworks in or upon the premises where fireworks are sold; provided, that, this regulation shall not be construed to include the use of toy pistols using what is commonly known as caps.

(Ord. No. 2651, 7, 4-26-77; Code 1980, 14-74)

It shall be unlawful for any person to shoot off or discharge or ignite any fireworks, rockets, powder, firecrackers or any other dangerous matter in or about or in the vicinity of any building within the City at any time in such a manner as to expose any building or other property to danger of fire therefrom.

(Ord. No. 2753, 4(12.26(a)), 12-27-77; Code 1980, 14-75)

Permissible fireworks may be discharged, exploded or used in the City on June 28 through and including July 4 of each year; provided, that on such days the discharge and explosion of fireworks shall be permitted during the following times: June 28 through July 2—8:00 a.m. to 10:00 p.m.; July 3 and July 4—8:00 a.m. to midnight. The sale, discharge or exploding of fireworks within the City on any dates or times other than as set out in this section shall be unlawful except that persons holding an approved display permit from the State Fire Marshal may conduct public exhibitions or displays of fireworks on the dates authorized by the permit. Permit holder shall file a copy of the permit with the City Fire Administrator at least twenty-four (24) hours prior to the event.

(Ord. No. 2651, 9, 4-26-77; Code 1980, 14-76; Ord. No. 6109, 4-23-96; Ord. No. 6547, 6-22-99; Ord. No. 6925, 12-10-2002; Ord. No. 7897, 5-27-2014; Ord. No. 8369, § 1, 8-13-2019)

All fireworks stands or displays shall have a suitable fire extinguisher. Such extinguisher shall be mounted properly with easy access.

(Ord. No. 2753, 4(12.26(b)), 12-27-77; Code 1980, 14-77)

Excess fireworks or fireworks not on display shall be stored in an enclosed area no closer than fifteen feet (15') to the display.

(Ord. No. 2753, 4(12.26(c)), 12-27-77; Code 1980, 14-78)

(Ord. No. 2753, 4(12.26(d)), 12-27-77; Code 1980, 14-79; Ord. No. 8492, § 2, 5-25-2021)

It shall be unlawful for any person to throw any firecracker, firework or any object which explodes upon contact with another object:

A.

From, at, or into a motor vehicle.

B.

Onto any street, highway or sidewalk.

C.

At or near any person.

D.

Into any building.

E.

Into or at any group of persons.

(Ord. No. 2651, 8, 4-26-77; Code 1980, 14-80)

State Law reference— Similar provisions, Neb. Rev. Stat. 28-1242

It shall be unlawful for any person to discharge any fireworks or explosives in any City park. (Code 1980, 14-81)

The City Council reserves the power to ban or further limit the sale/discharge of fireworks in the event of dry weather or other weather hazards.

(Ord. No. 6925, 12-10-2002)

The use of indoor pyrotechnic special effects materials and theatrical flammable material used during a group(s) performance for public entertainment shall be prohibited in any building not protected with an approved fire sprinkler system.

Aspirating theatrical flammable material and/or alcohol aspirated by any method into the air and ignited to produce a fire ball or flame thrower affect shall be prohibited in any part of a building not protected with an approved fire sprinkler system or in rooms with a ceiling height of fifteen (15) feet or less.

(Ord. No. 7263, 6-13-2006)

A.

Flying lantern-type devices are prohibited from sale, possession, and use within the City.

B.

For purposes of this section, flying lantern-type devices means devices that require a flame which produces heated air trapped in a balloon-type covering allowing the device to float in the air. Flying lantern-type devices shall not include hot-air balloons used for transporting persons.

C.

A violation of this section is a Class V misdemeanor.

(Ord. No. 8369, § 2, 8-13-2019)

State Law reference— Similar provisions, Neb. Rev. Stat. 28-1255

Except as otherwise provided in this Chapter, there shall be no storage in excess of five (5) gallons of gasoline, diesel fuel or other flammable liquids, used as fuel or vehicle energy in any residential district or upon any lot where there is located a family residence, dwelling, apartment house or tenement, without first obtaining a special use permit in accordance with section 17 of the Zoning Code.

(Code 1958, 12.7-1; Ord. No. 3516, 1, 4-13-82; Code 1980, 14-89)

Underground tanks which are not in active service shall be treated as "temporarily out of service" by taking the following steps:

A.

Secure the fill line cap, gage opening cap and pump suction or discharge line, if disconnected, against tampering and product leakage.

B.

Assure that the vent line is open.

C.

Notify the building inspection department that the tank is out of service temporarily.

An underground tank shall not be left in "temporarily out of service" condition as provided in this section for a period in excess of six (6) months without specific approval of the State Fire Marshal's office.

(Code 1958, 12.40; Ord. No. 2753, 8, 8(12.68), 12-27-77; Ord. No. 3965, 2, 11-24-87; Code 1980, 14-98)

Underground tanks which are not in active service and which do not comply with Chapter 81 of the Nebraska Revised Statutes, as amended, shall be abandoned in accordance with provisions of the office of the State Fire Marshal.

(Code 1958, 12.41; Ord. No. 2753, 8(12.69), 12-27-77; Ord. No. 3965, 3, 11-24-87; Code 1980, 14-99)

Flammable liquids unloading and dispensing operations shall be conducted in such a manner as to prevent flammable liquids from entering public sewer and drainage systems or natural waterways. If spillage should occur which is likely to result in such entry of flammable liquids, the person in control of the operation or premises shall immediately notify the Fire Department and initiate other remedial steps appropriate for the situation. Crankcase drainage and flammable and combustible liquids shall not be dumped into sewers but shall be stored in approved tanks or tight drums outside of any building until removed from the premises, but in no case shall the same be permitted longer than thirty (30) days. "Approved" shall mean approved by the State Fire Marshal's office.

(Code 1958, 12.42; Ord. No. 2753, 8(12.70), 12-27-77; Ord. No. 3965, 4, 11-24-87; Code 1980, 14-100)

(Ord. No. 5245, 1, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 2, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 3, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 4, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 5, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 6, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 7, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 8, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 9, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 10, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 11, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 12, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 13, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 14, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 15, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 16, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 17, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 18, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 5245, 19, 4-23-91; Ord. No. 8384, § 9, 10-22-19)

(Ord. No. 8384, § 9, 10-22-19)