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Home My WebLink About2004.08.25_City Council Agenda_Special 3. Adjournment Staff will recommend Council approve a request from Exchange Bank to discharge fireworks at the Owasso Ram Football Game. 2. Consideration and appropriate action relating to a request for Council approval to discharge fireworks at the Owasso Ram Football Games. Mr. Rooney Attachment #2 1. Call to Order Mayor Kimball AGENDA Juliann M. Stevens, Administrative Assistant ) Clerk and posted on the City Hall bulletin board Notice and agenda filed in the office of the at 12:00 PM on Monday, August 2004. Special August 25, 2004 5:30 p.m. Owasso City Hall, Lower Level Conference Room 111 N. Main TYPE OF MEETING: DATE: TIME: PLACE: PUBLIC NOTICE OF THE MEETING OF THE OW ASSO CITY COUNCIL ATTACHMENT: 1. Portion of the City Code of Ordinances Relating to Fireworks 2. Memorandum from Chief Fisher 3. Fireworks Display Permit 4. Insurance Certification 5. Letter from Exchange Bank RECOMMENDATION: Because all of the issues relating to safety concerns have been addressed, staff recommends approval of the request. NOTE: The sponsors have met with representatives of the Fire Department to coordinate the event and address safety concerns. A memorandum from Chief Fisher is attached for your information and review, as well as the approval permit that is required by the Fire Department. A representative from Exchange bank will be in attendance Tuesday evening should you have any questions regarding this request. BACKGROUND: The staff has received a request from Exchange Bank for an item to be placed on the City Council agenda for consideration to approve the discharge of fireworks before and during halftime of each home football game at the Owasso Stadium. City Code requires approval from " the City Council for any public display of fireworks within the city. Attached is a copy of that section of the Code. , " August 24, 2004 DATE: EXCHANGE BANK TIMOTHY ROONEY COUNCIL THE HONORABLE CITY OF OWASSO MEMORANDUM #2 Page 10-16 b. The event must be open to the public, free of charge; a. The group organizing the event and igniting the fireworks must obtain the city council's specific approval for the event; 2. The city council may, for the common good, approve and sponsor a public display of fireworks within the city ~elebrating Independence Day. The public display of fireworks must meet each of the following requirements: 1. The firing, igniting or lighting of the following are exempt from the prohibition contained in Subsection A of this section: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationary. Not included in this exception are Roman candles, bottle rockets and sky rockets; B. The following are exceptions to the prohibitions in Subsection A: A. Except as provided in Subsection B of this section the sale, ure, display, firing, igniting, lighting or discharge of fireworks within the city is unlawful and an offense. FIREWORKS PROHIBITED SECTION 10-304 It is unlawful for any person to utter, publish, distribute or circulate any literature or language within the corporate limits of the city that casts profane ridicule on any deity, or any religion, which in its common acceptance is calculated or where the natural consequence is to cause a breach of the peace or an assault. (Prior Code, Sec. 14-59) . LITERATURE OR LANGUAGE RIDICULING RELIGION SECTION 10-303 (prior Code, See, 14-58) 2. The language or literature, in its common acceptance, is calculated to cause a breach of the peace or an assault. A natural consequence of the language or literature is to cause a breach of the peace or 1. an assault; or B. It is unlawful for any person to willfully use, utter, publish, circulate or distribute any profane, violent, abusive, or insulting language or literature where: , ., It is unlawful for any person, firm or corporation within the city to display any sign, emblem, badge, flag or device, which in its common acceptance is insulting, profane, or abusive to the citizens of the city, and which is calculated, or of which the natural consequence is, to cause a breach the peace or an assault INSULTING SIGNS, Lr:n~MTURE OR LANGUAGE SECTION 10-302 (Prior Code, Sees. 14-41, 14-42, 14-55, 14-56) public. 10. Committing any other act in such a manner as to unreasonably disturb or alarm the Offenses and Crimes A. It is unlawful and an offense for any person to have in his possession a loaded air ritle or pistol, or similar instrument in which the propelling force is a spring or air, within the city. SECTION 10-308 AIR RIFLES PROHIBITED Ii is'unlawful for any person, firm or corporation to display or exhibit in any show window, or shop window, in the city any pistol, revolver, dirk, bowie knife, dagger, slingshot, billy, brass, iron or other metal knuckles, or any similar dangerous or deadly weapon capable of being carried concealed about the person. (Prior Code, Sec. 14-65) DISPLAY OF GUNS UNLAWFUL SECTION 10-307 State Law Reference: State firearms act, 21 O.S. Sections 1289.1 et seq.; similar provisions, 21 O.S. Section 1272; authority of city to prohibit carrying of weapons; 11 O.S. Section 22-110. B. Notwithstanding the provisions of Subsection A of this section, persons shall be permitted to carry within the city shotguns, rifles or air guns w~ich are not concealed, if within a reasonable time they are carried from the city, or being carried for the purpose of having them repaired, or for the purpose of using the same in a public muster or military drills, or returning from hunting trips. (Prior Code, Secs. 14-62, 14- 63, 14-64) A. It is unlawful for any person, except those persons authorized by law, to carry upon or about his person or in his vehicle or automobile any pistol, revolver, weapon of the kind usually known as air pistol or air gun, or weapon of the kind usually known as slingshot, bowie knife, dirk knife, switchblade knife, spring-type knife, knife having a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, loaded cane, billy, metal knuckles, or any other offensive or defensive weapon. CARRYING WEAPONSi EXCEPTIONS SECTION 10-306 It is unlawful for any person to store or keep within the city any nitroglycerin, dynamite, gunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not to exceed five (5) pounds where the same is securely kept. STORING OR KEEPING EXPLOSIVES SECTION 10-305 State Law Reference: Bottle rockets prohibited by state law, 68 a.s. Section 1624; State fireworks licenses, 68 O.S. Sections 1621 et seq.; municipal power to regulate, 11 O.S. Section 22-110. Cross Referenc~: Fire Prevention Section 13-101. 8-17; No. 354, 7/1186) d. The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. c. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the ci ty fire depmiment; and Offenses and Crimes a. The group organizing the event and igniting the fireworks must obtain the City council's specific approval for the event; b. The event must be open to the public, free of charge; c. The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authOllzed representative of the City Fire Department; and d. The group(s) organizing the event and igniting the fireworks must indemnify and hold the City harmless for any damage caused by the event and provide an insurance policy, with the City named as an insured covering and protecting the City from liability to the extent it is not immune by state law. CITY ORDINANCE Owasso City Ordinance: Section lO-304 2. The City council may, for the common good, approve and sponsor a public display of fireworks within the City, celebrating Independence Day. The public display of fireworks must meet each of the following requirements: LOCATION The location for the fireworks has been determined by the Fire Marshal. This area will be a safe distance from any structures and vehicles in the area. It will be located on the east side of the field near the location where the fireworks were set off on the fourth of July. BACKGROUND: Owasso Exchange Bank has contacted the Fire Department concerning the display of fireworks, at the high school football games. This is a tradition that the Exchange Bank has done for several years in Owasso and other communities where their banks are located. August 23, 2004 DATE: LONNY FISHER TIMOTHY ROONEY ASSISTANT CITY MEMORANDUM FIRE DEPARTMENT The Fire Department concerns have been addressed with the location and personnel responsible for igniting the fireworks. Exchange Bank has stated that a professional licensed company will be igniting the fire works and the Fire Marshal has identified a location near the football field that will be a safe distance from the school, houses and the spectators. The Fire Department will have a tmck on location during the fireworks display. I Permit is hereby granted to To stage Fireworks Display on the date of To be fired at the 0 an %j u �11 dPPiu7,wR1uwiy L Z' (Time) N=1 TRE OCATION HAS BEEN INSPECTED AND MEETS WITH THE SAFETY FACTORS WITH R-EGARDS TO SPECTATORS5 BUILDING OR AUTOS. (MpeDeparcment) P.o. II"" 1."57 O"';I.~,1(', Ok/,,/ll'''''' 7J(/.'l;, /'/WT1V.' (9/8) 272-7,';1/(1 IVw9I',(;xl,.(,k. (f1IIl Brent Colgan The: Exclumge Bank Respectfully SubmiHcd~ We hope you will hem' this cause at the next City CounciI111~etillg. We have met with and have recci.ved verbal approvals from the School Administration, Fire and Police Dep<1I'1mcnts. The Exchange Bank OfOW2SS0 is seeking pe!111is5ioll10 pr~sent at the I.lex! City Council meeting 3 request to discharge fireworks before each home football game. RE: AUn: Rodney ;;''J~, Augtlst ~J'. 2(:}O3'" Owasso City Council City Hall YOIII' Com11nlftill/. Yil/{/, Brmk. EXCI-IANGE BANK 08/23 '04 14:25 NO.81? 02/03 'Yl($6U'YOOjl EXCHANGE BANK OWASSO - A ALLIED SPECIALTY INSURANce, INC. lZED ~ Difl-uy eil~!fIGAT~ ~~A~~ City of Owasso 111 North Main OwassQq OR. It 10 ~ cond1~1~n of th~ p~11ey that ~11 d1aplays be ~~port~d to th~ Company at l~..t 24 hcu~~ in adv~ne. of th~ di.plmy ~at~. , Th1~ c~rt1f1e.t~ n~ith@~ a~firm~t1v~ly n~r neg~t~v~ly ~m~nd~p ~xtends or alt~r~ th~ cov~r~ge ~~forded by th@ P011Gr(ies) d~mcrib~d h~regn. NOTE~ In t event that r81n Or in~lem.nt weather ~roh bits tb1~ di~plar~ coverage will apply on a ~ubaeq~ent dAte on whieh the display i~ held, w thin the terms 01 the policy eont~aet. Cl~a~up and po1~~ln~ of the d19play are th~ ~~.pon~1b~lity of the 8~O"SOrs. The fOllowing are 3ddi~1onal 1n~ur~ds: ~n1 f~i~ or exhibition, asaoe1~~ion, ~~oftSor1n9 or'An12~tion or committe~p ~h~ own~r or l~s~~e of any premises uS by the Nemoc naured,or any pub11e ~u~hority granting a p~rm1t to the Named Insured, but only as respect9 Beeid~nts Br1sin~ out of th~ n~911g~nce of th~ Named Insur~d oT th~ H~m~d Insur.d"s employ~~s acting in ~h~ course Bnd seo~ Og their ~mploym~nt. AlSOp as addit10n~1 Named Insur~d, any Indepond~nt Contractor who tires the diBpley on beh31f of the H~med In8ured. This insuranc@ does not ~pply to any failure to police or cleanup tho di~pl~ @r 11~b11it1 3ri81ng there from. Cov~rege und.r the policy is conditioned upon full comp11~nc~ by all 1naur~d with all applieabl~ N&tion~l '1r~ Protection Aaaoe1~tian (NFPA) ecd~m and ~~~fidsrd~ 1n @tf@c~ st the tim@ of the di8pl~y. Tb~~ ~111~~. ~~ Da~ Y~ld un1~ ~ or1g~n81 m1gn8~m~ appe.r~ ~l~~o (Cop1~ Rot V_lid.) 00/00/00 00/00/00 00/00/00 00/00/00 ~ - COftBIH~D SINGLE ~I~IT In ~h@ event of mny ~~terial eh~ng~ 1n~ Qr e~ncel1at1on of SQid po11cy(1~s). the Company vill end~avQ~ to give wr1t~~n not1c~ to the p~rty whom thl~ cert1f1e~te is 1~8ued~ but f~llure to give su~h notice shall impose no liability or obligation upon the comp~ny. Sept~ 3, Oet. 1, lI'AQ ~ ADDna OF BtLDD~ DATE OF DISPLA1'~ 15. :l~ & ijQvy I .AIR DAft 11 " - DISPLAY MWUn~ QTIDIr'(W SPUY: Football stadium ~ tlll 0 00'II~iil' PdIOul1i F~om; ~6/01/04 Tag ~6/~1/05 1l a @ Owasso Public Schools Ekchang-e Bank ADDITIDlAL llmUlb~ Of' IEWmDI ORKS S. Ave I- IMPEIUAL 12809 So C;OWETA DK 74429 16 C~rt1f1eAt~ Numb~r= 31 CDTIFICAm OF :IEUtiilCi: FIRmlORlIS DISPLAY 08/23 '04 14:25 NO.81? 03/03 IMPER1AL FIREWORKS PAGE 02 EXCHANGE BANK OWASSO 9186090031 . , 08~iB/2ea4 15:19 918-4863933