HomeMy WebLinkAbout0485 Fireworks 1998CITY OF CHUBBUCK, IDAHO
ORDINANCE NO. 485
AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REPEALING SECTIONS
08.08.010, 08.08.020 AND 08.08.030 OF THE CHUBBUCK MUNICIPAL CODE AND
INSERTING IN LIEU THEREOF SECTION 08.08.010 REQUIRING ANY RETAIL
SALES OF NON -AERIAL COMMON FIREWORKS OR PUBLIC DISPLAY OR
OTHER EVENT USING FIREWORKS TO HAVE A PERMIT; ADDING SECTION
08.08.020 TO CONFORM THE DEFINITIONS IN THE CHUBBUCK MUNICIPAL
CODE TO THE IDAHO STATE CODE; ADDING SECTION 08.08.030 TO
CONFORM THE TIME OF SALES AND PLACE OF SALES TO THE PROVISIONS
OF THE IDAHO CODE; AMENDING SECTION 08.08.040 TO CHANGE THE FEE
TO TWENTY-FIVE DOLLARS FOR A PERMIT AND TO REQUIRE LIABILITY
AND PROPERTY CASUALTY INSURANCE OF $100,000 FOR RETAIL SALES
AND $1,000,000 FOR PUBLIC DISPLAYS OR OTHER EVENTS USING
FIREWORKS; AMENDING 08.08.050 TO DELETE THE PROVISIONS FOR THE
TIME OF RETAIL SALES SINCE SUCH IS COVERED BY IDAHO CODE;
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. Sections 8.08.010, 8.08.020; 8.08.030; and 8.08.060 are repealed in their
entirety and substituted in lieu thereof the following sections:
8.08.010 Permit Required. To provide for the safety of citizens of Chubbuck, no retail
sale of non -aerial common fireworks as defined in the Idaho Code and no public display or other
use of fireworks as defined in Idaho Code shall take place within the City of Chubbuck without a
valid permit issued pursuant to this Chapter.
8.08.020 Definitions. The definition set forth in Title 39, Chapter 26 Idaho Code shall
apply; provided however, if the Chubbuck fire chief or the chief s designee, reasonably believes a
fireworks device is unsafe for sale or use in a particular fact situation, the use or sale of such
device may be prohibited by the fire chief or the chief's designee.
8.08.030 Retail Sales. Retail sales of non -aerial common fireworks shall be permitted
only for the time set forth in Idaho Code § 39-2606(1) and such sales shall be made only from
temporary fireworks stands conforming with all of the provisions of Idaho Code § 39-2607.
Section 2. Section 8.08.040 is amended as follows:
Ordinance - Page 1
dsc chbbck03.235
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 safe and sane fireworks permit for either the retail sales of non -aerial common fireworks or
public display or other events using fireworks. The application shall be accompanied by payment
of a fee of ten twenty-five dollars in cash for the permit and one hundred dollars 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 at least
five days 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;
3. The names and addresses of the officers, if any, of the applicant
organization that the applicant represents;
4. When 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. The name and address of any wholesaler or distributor from whom the
applicant proposes to obtain fireworks;
7. The activities in which the applicant seeks to engage and the proposed
location of such activities;
8. 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, ' , and pr-eduret liability
with eeveFage „F.,,. Least - o �,,,pAa -aaed te,. *h,,,,s ,,,a_a„iia, per-eraeur-Fenee and
property damage with eever-age of at least ten theusand do!! Of public
liability and property -casualty insurance providing coverage of one hundred
thousand dollars ($100,000)for personal injury and property damage in the event
of a retail sales permit and coverage of one million dollars ($1,000,000) for the
public display of fireworks or other event using 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.
Ordinance - Page 2
dsc chbbckO3.235
E. At its next regular meeting following receipt of the report furnished by the fire
chief, the city council shall decide whether or not to approve the application. The
applicant 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 as for its decisions
shall be set forth in the minutes of the meeting.
Section 3. Section 8.08.050 is amended as follows:
8.08.050 Permits -awl place of activity. A, Each permit shall specify a single site
where the activities governed by this chapter may be conducted, and the permittee shall
not conduct such activities at any other location.
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. Severability. 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. Effective 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.
Ordinance - Page 3
dsc chbbck03.235
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF CHUBBUCK, IDAHO, this 12th. day of MAY , 1998.
AYOR
ATTEST:
4� & ��
CITY CLERK
Ordinance - Page 4
dsc chbbckO3235