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0646 Fireworks Permit 2007CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 646 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 8.08.040 OF THE CHUBBUCK MUNICIPAL CODE TO REQUIRE ALL APPLICATIONS FOR A FIREWORKS PERMIT TO BE SUBMITTED NO LATER THAN MAY 15; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS AND PROVISIONS OF CHAPTER 8.08 NOT HEREIN AMENDED SHALL REMAIN IN FULL FORCE AND EFFECT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Section 8.08.040 is amended as follows: 8.08.040 Permit Application Investigation, And Issuance: A. Any adult person, corporation, firm, association, or other entity may submit to the city clerk a written application for a fireworks permit for either the retail sales of nonaerial common fireworks or public display or other events using fireworks. The application shall be accompanied by paymentof a fee of twenty five dollars ($25.00) in cash for the permit and one hundred dollars ($100.00) in cash for an investigation fee. Both fees shall be retained by the City to apply against its administrative costs of investigating and processing the application, regardless whether or not the application is approved; provided, however, that the fee shall not be refunded if the application is withdrawn prior to its approval or disapproval by the City Council. The application shall be submitted no later than MU 15 of the pertinent year to allow adNuate time to review prior to the date of the next regular City Council meeting at which the application will be considered by the Council B Each application shall show the following: 1. Name and address of applicant; 2. The purpose for which the applicant is primarily existing and for which it was organized; name of the organization that the applicant represents, if any; Ordinance Page 1 chubbuck071107fifeworksord.wpd • 3. The names and addresses of the officers, if any, of the applicant organization that the applicant represents 4. W wn and where the applicant was organized and established or, if a natural person, the applicant's age; 5. The location of the applicant's principal and permanent place or places of business; 6. Tho name and address of any wholesaler or distributor from whom the applicant proposes to obtn fireworks, 7. The activities in which the applicant seeks to engage and the proposed location of such activities; $. The- applicant's State sales tax permit number; 9. Such other information as the City Clerk or Fire Chief may require to make an investigation. C. The application shall be accompanied by a certificate of insurance, or copy of an insurance policy, of public liability and property -casualty insurance providing coverage of one hundred thousand dollars ($100,000.00) for personal injury and property damage in the event of a retail sales permit and o6versge of one million dollars ($1,000,000.00) for the public display of fireworks or other event wing fireworks. D. Upon receipt of -an application with proper payment of fee and attached certificate of insurance or copy of insurance policy, the City Clerk shall refer the application to the Fire Chief for investigation. The Fire Chief shall submit a report of his findings and recommendations for or against the issuance '-of the permit, together with the reasons underlying his recommendations, to the City Council. E. After receipt of the report furnished by the Fire Chief, the City Council shall decide whether or not to approve the application. The applicant Ordinance - Pape 2 chubbuck071107ftreworksord.wpd shall be notified by the City Clerk of the date and time of the meeting and the applicant may appear at the meeting to speak in support of the application. If the City Council votes to disapprove an application, the reason for its decisions shall be set forth in the minutes of the meeting. ADMINISTRATIVE. PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All other sections and provisions of Chapter 8.08 not herein amended shall remain in full force and effect. Section 2. Seyerability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Eff§ctive Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 14THdayof AUGUST , 2007. 41teven�M. England, 19ayor ATTEST: Ron Conlin, City Clerk Ordinance Page 3 chubbuck071107fireworksord.wpd