Loading...
0180 Fireworks 1977ORDINANCE NO. 180 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, REGULATING THE SALE OF FIREWORKS AND RELATED ACTIVITIES WITHIN THE CITY; DEFINING "FIREWORKS" AND THE CATEGORIES OF "DANGEROUS" FIREWORKS AND "SAFE AND SANE" FIREWORKS; PROHIBITING "DANGEROUS" FIREWORKS AND REQUIRING A PERMIT FOR "SAFE AND SANE" FIREWORKS; PRESCRIBING PROCEDURES AND INFORMATION REQUIRED WITH RESPECT TO OBTAINING SUCH PERMITS; REGULATING THE TIME AND PLACE OF PERMITTED ACTIVITIES; REQUIRING AND SETTING STANDARDS FOR TEMPORARY FIREWORKS STANDS; REQUIRING COMPLIANCE WITH APPLICABLE PROVISIONS OF THE IDAHO CODE AND ADOPTED NATIONAL CODES RELATING TO FIREWORKS; PROVIDING FOR REVOCATION OF PERMITS; ESTABLISHING CIVIL AND CRIMINAL REMEDIES FOR VIOLATIONS OF THIS ORDINANCE; REPEALING ALL PRIOR ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR THE THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1: General Application. It shall be unlawful for any person, corporation, firm or association to import, export, possess for the purpose of sale, offer for sale, or to sell within the City, any fireworks as defined herein except in compliance with the provisions of this ordinance. SECTION 2: Definitions. a. "Fireworks" shall include 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, skyrockets, rockets, Roman 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" shall not include pistols, toy cannons, toy canes and toy guns and similar devices such as party poppers or party favors in which paper caps containing not more than twenty-five hundredths (.25) grain of explosive compound per cap are used. b. "Dangerous fireworks" shall include: (1). Firecrackers, cannon crackers, giant crackers, silver tube salutes, cherry bombs, ground bombardment~ grass-hoppers and other explosive articles of similar nature; (2). Blank cartridges; (3). Skyrockets and rockets, including all similar devices employing any cOmbustible or explosive material and which rise in the air during discharge; (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 ~1/4") in diameter or made with other than iron wires; (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 explo~e by means of friction, or which contain arsenic, and all other similar fireworks device including cracker balls~ (10) o Fire balloons or balloons of any type which have burning material of any kind attached thereto. c. "Safe and Sane Fireworks" shall include: (1). Cone fountains 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 (13/4"); (3)~ Sparklers and "dipped sticks" not more than ten inches (10") in length or one-quarter inch (1/4") - 2 - in diameter made on steel or iron wire and Suzuki and Morning Glories with pyrotechnic composition not exceeding four (.4) grams each~ (4). Snakes which do not contain bichloride or 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 (240) grains for each complete wheel, and in which the inside tube diameter of the driver unit does not exceed one-half inch (1/2"); (6). Whistles that do not report and that 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. SECTION 3: Activities Prohibited and Permitted. It is prohibited and shall be unlawful for any person, corporation, firm, association, or other entity to sell, possess, keep, or store, within the City, any dangerous fireworks as defined above. It is further prohibited and shall be unlawful for any person, corporation, firm, association or other entity to transport, display, import, export, possess for the purpose of sale, offer for sale, or sell any safe and sane fireworks as defined above, within the City, unless a valid and unrevoked "safe and sane fireworks permit" has been obtained from the City. SECTION 4: Permits. a. Application: 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 ($10.00) in cash~ The fee shall be retained by the City to apply against its administrative costs of investigating and processing the application, - 3 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. b. Contents of application: Each application shall show the following: (l). Name and address of applicant; (2). The purpose for which the applicant is primarily existing and for which it was organized. The 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). %~en 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 applicants 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. 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 ($150,000) per occurrence and against property damage with coverage of at least ten thousand dollars ($10,000), in - 4 - which the applicant is named as an insured and which has a rider listing and carrying the City of Chubbuck as an additional insured under said policy. c. Investigation: 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. d. 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 reasons for its decision shall be set forth in the minutes of the meeting. SECTION 5: Time and Place of Permitted Activities. a. Each permit shall specify a single site where the activities governed by this ordinance may be conducted; and the permittee shall not conduct such activities at any other location. b. The permit shall further specify that the permittee may engage in certain described activities from the date when the permit is issued until the next following 5th day of July (inclusive) during the hours 9:00 a.m. te 12:00 midnight; provided, however, that no permit in any calendar year shall be issued prior to the 21st day of June. SECTION 6: Temporary Fireworks Stands. Ail 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 subjlect to the following regulations: (1). No fireworks stand shall be located within twenty-five feet (125') of any other building nor within one hundred feet ,(100') of any gasoline station. (2). No istand shall have a floor area in excess of seven hundred fifty (750) square feet. (3). Stands shall have an exit door at least thirty inches (30") wide at either end of the structure and one additional door for each twenty-five feet (25') of rear wall in excess of twenty-five feet (25'). All doors shall open outward from the stand and doorways shall be kept free and clear from all supplies and materials at all times. (&). Each stand shall be provided with two (2) two and one-half (2 1/2) gallon "soda and acid" type fire extinguishers, in good working order, and easily accessible for use in case of fire. (5). There shall be at least one supervisor, twenty-one (21) years of age or older, on duty at all times. No person under eighteen, (18) years of age shall be allowed inside the stand at any time nor shall any person under eighteen (18) years of ~ge work at or about the premises where activities permitted by this ordinance are conducted. (6). No person employed as a watchman shall be permitted to remain inside any stand when it is not open for business. (7). "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 (15') of the stand. (8). No stand shall be placed upon the site before the 15th day of June of any year. The premises on - 6 - which the stand is placed shall be cleared of all structures, materials, and debris, not later than midnight on the 5th day of July 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. (9). No fireworks shall be discharged in or within twenty-five feet (25') of any fireworks stand. (10). 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. ~.1). Fireworks may be stored only at such places as are approved by the Fire Chief. SECTION 7: 'State ~and National Codes. As a condition for retention of a permit, the permittee shall comply with all applicable provisions of the Idaho Code and with all substantive provisions of any national code~ including without limitation, the Uniform Fire Code, adopted by Chubbuck City Ordinance. ~here the provisions of such a national code conflict with this ordinance, this ordinance shall govern. SECTION 8: Revocation of permit. If the Fire Chief determines that a permit was obtained by use of an application containing false information, or that a permittee is not complying with the terms of the permit or with the provisions of this ordinance, the Fire Chief shall issue and serve upon the permittee a written notice that the permit is revoked. Upon receipt of such notice, the permittee shall immediately cease to conduct any activity governed by this ordinance, and shall promptly remove any temporary fireworks stand, together with all of its contents, from the site where it is located. Provided, however, that the permittee may request in writing and obtain a hearing before a quorum of the City Council on the question of whether the revoked permit should - 7 - be reinstated; and such hearing shall be held within five (5) days after the wrtten request has been submitted by the permittee. Until such hearing is held, the permittee shall not be required to remove any temporary fireworks stand or its contents from the site where it is located; but the permittee shall cease all activities at the site. SECTION 9: Remedies. a. Civil remedies: The City may commence injunctive proceedings against any persons, corporations, firms, aasociations, or other entities engaging in activities prohibited by this ordinance or engaging without a valid and unreVoked permit in any other activities governed by this ordinance. In such proceedings, the City shall request, and the court may award the City its costs, as determined by court rule, together with a reasonable attorney's fee, and such other or further relief including judgment for site clearing expenses, as the court may deem just. b. Criminal remedies: Violation of any provision of this ordinance or of the terms of a permit issued persuant to this ordinance shall be unlawful and punishable as a misdemeanor. Each day that such violation occurs or continues may be deemed a separate offense. Prosecution for such offense shall not preclUde the City from seeking a civil remedy, for failure to comply with the ordinance or permit, as provided above. SECTION ]0: Repeal of Con~f!icting Ordin'ances. Ail prior ordinances and parts thereof, which contain provisions in conflict with the provisions of this ordinance, are hereby repealed to the extent of such conflict. SECTION 11:' Seve~r~bility. 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 12: Effective Date. The rule requiring - 8 - ordinances to be read on three separate occasions 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 16th day of June, 1977. ATTEST: C{ty Cl~rk - 9 -