HomeMy WebLinkAbout0180 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")
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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,
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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
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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
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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
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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
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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
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