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Discussion on allowance of Fireworks within the City of Brookings City Limits.
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Summary:
A request for the review of fireworks within Brookings city limits for the 2021 Fourth of July holiday was made. State Law allows the discharge of fireworks at the discretion of municipalities. City Code does not allow discharge, but for special events through a process. City Council will need to determine if Brookings will allow the discharge of fireworks within the city limits.
Background:
City Code Article IV. - Prohibited use of fireworks within Brookings city limits. <https://library.municode.com/sd/brookings/codes/code_of_ordinances?nodeId=CH34FIPRPR_ARTIVFI>
It is unlawful for any person to use or explode any fireworks in the city or to offer for sale, expose for sale or sell at retail any fireworks in the city, except as provided in subsections (c) through (g) of this section.
State law 34-37-16.1 <https://sdlegislature.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=34-37-16.1>. - Periods during which use of consumer fireworks permitted--Violation as misdemeanor.
Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period from June twenty-seventh to the first Sunday after July fourth, and during the period beginning December 28 to January 1.
Recommendation
Recommendation:
Staff recommends the City Council determine if the discharge of fireworks is desired in Brookings. If desired, staff will work towards a recommended code revision.
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Attachments:
Memo - City Manager
Memo - City Attorney
City Code
SDCL