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0315 Fireworks 1989CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 315 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING 8.08.010 TO PROVIDE FOR CONFORMITY WITH THE DEFINITION OF FIREWORKS IN THE CHUBBUCK CODE TO THE IDAHO CODE AND SPECIFICALLY TO CONFORM THE DEFINITION OF SKYROCKETS AND ROCKETS AND OF SPARKLERS TO THAT OF THE IDAHO CODE; AMENDING 8.08.040 TO PROVIDE FOR AN INSPECTION FEE OF ONE HUNDRED DOLLARS, AMENDING 8.08.040 TO PROVIDE THAT ANY APPLICATION FOR A FIREWORKS PERMIT BE SUBMITTED AT LEAST ~ DAYS PRIOR TO THE DATE OF THE CITY COUNCIL MEETING AT WHICH THE PERMIT WILL BE CONSIDERED; AMENDING 8.08.050 TO PROVIDE THAT FIREWORKS CAN BE SOLD ONLY FROM JUNE 21 TO JULY 4; AMENDING 8.08.060 TO ELIMINATE THE REQUIREMENTS OF A FIFTY-FIVE GALLON BARREL AT FIREWORKS STANDS; 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: 1. Section 8.08.010 is amended to read as follows: 8.08.010 Dangerous fireworks. A. "Dangerous fireworks" includes any of the following: (1) Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs, mines, ground bombardment, grasshoppers and other explosive articles of similar nature; (2) Blank cartridges; (3) Skyrockets a~-~oekee~, including all similar devices employing any combustible or explosive material and which rise in air during discharge; Dxcept model rockets and model rocket engines designed, sold and used for the purpose of propelling of recoverable aero model rockets; ORDINANCE - Page 1 dsc chbbck01.192 (4) Roman candles, including all devices which discharge balls of fire into the air; (5) Chasers and whistles, including all devices which dart or travel about the surface of the ground during discharge; (6) Snakes and hats containing bichloride of mercury; (7) Sparklers more than ten inches (10") in length or one- quarter inch /_l~J~J_ in diameter o~-ma~e-w~h-o~he~-~h~-~ (8) All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles, parachute shells, mines, Dago bombs and similar devices; (9) All torpedoes which explode by means of friction, or which contain arsenic, and all other similar fireworks devices including cracker balls; (10) Fire balloons or balloons of any type which have burning material of any kind attached thereto. B. "Fireworks" includes blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used; fire balloons (balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them); firecrackers, torpedoes, sky rockets, rockets, Ro~lan candles, fountains, wheels, Dago bombs, sparklers, and other fireworks of like construction; and any fireworks containing any combustible or explosive substances for the purpose of producing a visible or audible effect by combustion, deflagration, explosion or detonation. "Fireworks" does not include pistols, toy cannons, toy canes and toy guns and similar ORDINANCE - Page 2 dsc chbbck01.192 devises such as party poppers or party favors in which paper caps containing no more than twenty-five one hundredths grain of explosive compound per cap are used. C. "Safe and sane fireworks" include the following: (1) Cone foundations with pyrotechnic composition not exceeding fifty (50) grams each; (2) Cylindrical fountains, whether base, spike, or handle, with pyrotechnic composition not exceeding seventy-five (75) grams each and inside tube diameter not exceeding three-quarters inch (3/~"): (3) Sparklers and "dipped sticks" not more than ten inches (10") in length or one-quarter inch (1/4") in diameter s~ee~-~-½~-w½~e and Suzuki and Morning Glories with pyrotechnic composition not exceeding four (4) grams each; (4) Snakes which do not contain bichloride of mercury or pyrotechnic composition exceeding two (2) grams each; (5) Wheels with pyrotechnic composition not exceeding sixty (60) grains for each driver unit of two hundred and forty grains (240) for each complete wheel, a~-~-wh½eh-~he-½~½~e-~ype ~ame~e~-o~-~he-~ve~-un~-~oes-~o~-e~eee~-one-h~E6-½~eh. The inside tube diameter of driver unit shall not exceed one-half inch (1/2"); (6) Whistles without report ~he~-~o-~o~-~epo~ and ~ha~ which do not dart or travel about the ground during discharge with pyrotechnic composition not exceeding six (6) grams and containing no picric or gallic acid. ORDINANCE - Page 3 dsc chbbck01.192 2. Section 8.08.040 is Amended to read as follows: 8.08.040 Permit application, investiqation, 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. The application shall be accompanied by payment of a fee of ten dollars in cash for the permit and one hundred dollars in cash for an investigation fee. · he Both fee~ 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 fees 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 (5) 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 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; ORDINANCE - Page 4 dsc chbbck01.192 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, insuring against public premises, operations, and product liability with coverage of at least one hundred fifty thousand dollars per occurrence and against property damage with coverage of at least ten thousand dollars, in which the applicant is named as an insured and which has a rider listing and carrying the city as an additional insured under the policy. 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. 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 ORDINANCE - Page 5 dsc chbbck01.192 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 reasons for its decision shall be set forth in the minutes of the meeting. 3. Section 8.08.050 shall be amended to read as follows: 8.08.050 Permit--Time and 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. B. ~he-pe~m½~-sh~-~he~-~ee½~y-~h~-~he-~e~m~ee-may e~gage-~-ee~ea~n-~e~e~be~-~e~½e~-~em-ehe-~e-whe~-~he p~8~e~T-h~we~e~7-eh~-n~-~e~m½e-½m-amy-ee}em~e~-yea~-sha~-~e ~ssue~-9~-e~-ehe-ewemey-f~s~-~y-~-~une. The permittee may engage in the permitted activities from the later of a) the date the permit was issued or b)............lU_~ 2! until 11:59 p.mo of July 4 of that same year. 4. Section 8.08.060 shall be amended to read as follows: 8.08.060 Fireworks stands. All permitted activities shall be conducted from within a temporary fireworks stand, and the conduct of such activities from any other building, structure, or site is prohibited. Temporary fireworks stands shall be subject to the following regulations: ORDINANCE - Page 6 dsc chbbck01.192 A. No fireworks stand shall be located within twenty-five feet of any other building nor within one hundred feet of any site for storing or dispensing flammable liquids or gasses. B. No stand shall have a floor area in excess of seven hundred fifty square feet. C. Stands shall have an exit door at least thirty inches wide at either end of the structure and one additional door for each twenty-five feet of rear wall in excess of twenty-five feet. All doors shall open outward from the stand and doorways shall be kept free and clear from all supplies and materials at all times. D. Each stand shall be provided with two two and one-half pound ABC dry chemical type fire extinguishers, in good working order and easily accessible for use in case of fire. E. There shall be at least one supervisor, eighteen years of age or older on duty at all times. No person under sixteen years of ages shall be allowed inside the stand at any time, nor shall any person under sixteen years of age work at or about the premises where activities permitted by this chapter are conducted. F. No person employed as a watchman shall be permitted to remain inside any stand when it is not open for business. G. "No smoking" signs shall be prominently displayed, both inside and outside the stand. No smoking shall be permitted within the stand or within fifteen feet of the stand. H. No stand shall be placed upon the site before June 15 of any year. The premises on which the stand is placed shall be cleared of all structures, materials and debris not later than ORDINANCE - Page 7 dsc chbbck01.192 midnight of July 5 of the same year. If the permittee fails to clear such structures, materials and debris, the city may do so at the permittee's expense. I. No fireworks shall be discharged in or within twenty- five feet of any fireworks stand. J. No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance, as determined by the fire chief, to exist. K. Fireworks may be stored only at such places as are approved by the fire chief. ~---~oh-~-~h~-~e-p~o~½~e~-w½~h-~e-~w~-ga~-~e~e~ a~-o~e-~-~e-g~e~-o~e~-~p-~a~e~-w~h-~em~e-~=- ~he-f~-f~we-ga~-~e~-sha~-Be-~ep~-f~-of-w~e~-a~ w~en-~e~-~-~he-f~e-eh~e~-~-~he-e½~y= 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 a court of ORDINANCE - Page 8 dsc chbbck01.192 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. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this ATTEST: CITY CLERK 28th day of FEBRUARY , 1989. ORDINANCE - Page 9 dsc chbbck01.192