HomeMy WebLinkAbout0315 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;
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(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
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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.
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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;
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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
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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:
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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
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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.
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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
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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.
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