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0485 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 Sections 8.08.010, 8.08.020; 8.08.030; and 8.08.060 are repealed in their entirety and substituted in lieu thereof the following sections: 8.08.010 Permit Required.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