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CHAPTER 4
FIREWORKS
5-4-1: FIREWORKS:
"Fireworks" mean any combustible or explosive composition, or any substance or
combination of substances, or article prepared for the purpose of producing a visible or
audible effect by combustion, explosion, deflagration or detonation. "Fireworks" include
items classified as common or special fireworks by the United States Bureau of Explosives
or contained in the regulations of the United States Department of Transportation and
designated as UN 0335 1.3G or UN 0336 1.4G. The term "fireworks" shall not include any
automotive safety flares, toy guns, toy cannons, caps or other items designed for use with
toy guns or toy cannons, party poppers, pap-its or other devices which contain twenty five
hundredths (0.25) of a grain or less of explosive substance. (Ord. 869, 4-4-2000)
5-4-2: DANGEROUS FIREWORKS:
"Dangerous fireworks" include any of the following:
A. All "fireworks" other than nonaerial common fireworks. (Ord. 869, 4-4-2000)
5-4-3: NONAERIAL COMMON FIREWORKS:
"Nonaerial common fireworks" mean any fireworks such as ground spinners, fountains,
sparklers, smoke devices or snakes designed to remain on or near the ground and not to
travel outside a fifteen foot (15') diameter circle or emit sparks or other burning material
which land outside a twenty foot (20') diameter circle or above a height of twenty feet (20').
"Nonaerial common fireworks" do not include firecrackers, jumping jacks, or similar
products. (Ord. 869, 4-4-2000)
5-4-4: FIREWORKS DISPLAY PERMIT:
It shall be unlawful for any person in the City to import, export, offer for sale, sell, possess,
keep,. or store or permit the keeping or storing of any "fireworks" for any use or purpose,
except that a person holding a "fireworks display permit" issued pursuant to the terms and
conditions of this Chapter may use "fireworks" for a safely supervised and conducted public
display of fireworks. Said fireworks may be stored for a period not exceeding ten (10) days
immediately preceding the date of said public display, provided the fireworks are to be used
exclusively for public display. (Ord. 869, 4-4-2000)
5-4-5: NONAERIAL COMMON FIREWORKS PERMIT:
No person, without having a valid "nonaerial common fireworks permit" issued pursuant to
terms and conditions set forth in this Chapter, shall import, export, possess for the purpose
of sale, offer for sale, or sell "nonaerial common fireworks" for any use or purpose. (Ord.
869, 4-4-2000)
5-4-6: QUALIFIED APPLICANT:
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For purposes of this Chapter a "qualified applicant" is defined as a person that has never
been convicted of a felony as defined in the jurisdiction in which the conviction was
entered, and has not been convicted of any crime within the preceding ten (10) years
involving fraud, fire or fireworks. (Ord. 869, 4-4-2000)
5-4-7: APPLICATION FOR NONAERIAL COMMON FIREWORKS PERMIT:
A.Any person, in reasonable pursuit or furtherance of any legitimate personal, business or
charitable purpose, desiring to engage in the sale of "nonaerial common fireworks"
within the city shall first make written application to the clerk fora "nonaerial common
fireworks permit".
B.Each application for a permit to sell "nonaerial common fireworks" at retail shall be filed
with the city clerk.
C.A permit to sell "nonaerial common fireworks" at retail, at a temporary fireworks stand,
may be granted for a summer period beginning at twelve o'clock (12:00) midnight June
23, and ending at twelve o'clock (12:00) midnight July 5, and/or far a winter period
beginning at twelve o'clock (12:00) midnight December 26, and ending at twelve o'clock
(12:00) midnight January 1. Each retail period requires a separate application and
permit.
D.Beginning August 1, 2000, and thereafter, all applications, which include a request far a
permit to sell "nonaerial common fireworks" at retail at a temporary fireworks stand far
the summer period, must be filed with the city clerk on or before April 15, preceding the
summer period; and applications, which include a request for a permit to sell "nonaerial
common fireworks" at retail at a temporary fireworks stand for the winter period, must be
filed with the city clerk on or before October 15, preceding the winter period. For the
summer retail period of June 23, 2000, through July 5, 2000, all applications must be
filed no later than May 10, 2000. (Ord. 869, 4-4-2000)
E.Each applicant shall pay to the city clerk a fee of twenty five dollars ($25.00) at the time
they file their application. At the time and as a condition of such filing and with each
application, each applicant shall pay an additional fee to defray costs of preliminary
investigations and inspections by the fire department required hereunder which fee shall
be twenty five dollars ($25.00) per site applied for, and shall not be refundable in any
event, and the applicant shall also post with the city clerk a cash band or cash deposit
or letter of credit in the amount of not less than fifty dollars ($50.00) to secure the
applicant's performance if a permit is issued for the prompt removal of the temporary
fireworks stand and the cleaning up of debris at the temporary fireworks stand site.
(Ord. 04-1082, 6-15-2004)
F.The city clerk shall conduct the necessary investigation into the application in order to
determine that the application is in compliance with this chapter, and that the applicant
is a qualified applicant, and a permit shall be granted only in the event upon
investigation the clerk determines the applicant is a qualified applicant, and the
application is otherwise in compliance with this chapter and the required permit fee and
deposit have been paid.
G.No deposit shall be refunded until the site has been inspected by the fire chief or the
chiefs designee and found to be in compliance with the requirements of this section for
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the timely removal of the temporary fireworks stand and cleanup of debris at thc: site.
H.In no event shall the applicant be entitled to the return of said cash bond or cash deposit
if he has failed to remove said temporary fireworks stand and clean up all debris by
twelve o'clock (12:00) noon of the seventh day following the summer or winter period in
which fireworks were sold of the year in which the permit is granted, and failure to do so
shall be punishable as provided in section 1-4-1 of this code. (Ord. 859, 4-4-2000)
5-4-8: APPLICATION FOR FIREWORKS DISPLAY PERMIT:
A.Any person, in reasonable pursuit or furtherance of any legitimate personal, business, or
charitable purpose desiring to make a public display of "fireworks" shall first make
written application to the city clerk and the Meridian fire department fora "fireworks
display permit".
B.The city clerk, in conjunction with the fire department, shall conduct the necessary
investigation into the application in order to determine if the application is in compliance
with this chapter, and that the applicant is a qualified applicant, and a permit shall be
granted only in the event upon investigation the clerk determines the applicant is a
qualified applicant, and the application is otherwise in compliance with this chapter and
the required permit fee and deposit have been paid.
C.Application for "fireworks display permit" shall be filed not less than sixty (50) days prior
to the proposed display date.
D.Each applicant shall pay to the city a fee of one hundred twenty five dollars ($125.00) at
the time he files his application. In the event the "fireworks display permit" is denied, the
city shall refund the application fee. The applicant shall also reimburse the City for all
reasonable expenses incurred in investigation to determine whether the permit should
be granted.
E.At the time and as a condition of such filing and with each application, each applicant
shall pay an additional fee to defray casts of preliminary investigations required
hereunder which fee shall be twenty five dollars ($25.00) per site applied for, and shall
not be refundable in any event, and the applicant shall also past with the City Clerk a
cash bond or cash deposit or letter of credit in the amount of not less than fifty dollars
($50.00) to secure the applicant's performance if a permit is issued for the prompt
removal and the cleaning up of debris of all property and/or debris associated with the
display. Cleanup shall be completed within three (3) days of the date of the display.
(Ord. 859, 4-4-2000)
5-4-9: FORM OF APPLICATION:
Each qualified applicant fora "nonaerial common fireworks permit" or a "fireworks display
permit" shall file his application with the Clerk. Each application shall show the following:
A.Name and address of applicant.
B.Except for applicants who are individuals, the purpose for which the applicant is primarily
existing and for which it was organized.
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C.If a permit is required the applications shall be on a form approved by the authority
having jurisdiction and shall include the name and address of the applicant, (or the
names of all partners, if a partnership, the name of the corporation and the corporate
officers if a corporation, or the name of the limited liability company and all of its
members, if a limited liability company) the primary location of the business, each
location at which fireworks are to be stored, if applicable.
D.The location and dates where the applicant requests permission to sell "nonaerial
common fireworks" or display "fireworks".
E.When and where the applicant was organized and established, or, if an individual, the
applicant's age.
F.The location of the applicant's principal and permanent meeting place or places, or
principal place or places of business, and residence address if an individual.
G.The applicant's State sales tax permit number.
H.If the applicant is an entity other than an individual doing business as a sole
proprietorship, the name and general description of the business activities of each
parent or subsidiary company, business or entity, and a general description of the
ownership organization of each parent or subsidiary, if any.
I.A site plan which details the location, type and size of the structure, distances from other
structures, parking areas, and sight triangle if located on a corner.
J.Such other information as the Clerk may require on a standard farm submitted to all
applicants and which is reasonably necessary to protect the public health, safety and
morals. (Ord. $fi9, 4-4-2000)
5-4-10: INVESTIGATION:
The Clerk shall notify the Building Department, the Fire Department and the Police
Department, which Departments in confidence with the Clerk shall cause an investigation to
be made of each application and applicant. (Ord. 869, 4-4-2000)
5-4-11: CLERK TO ISSUE PERMIT:
The Clerk shall have the power in his/her discretion to grant ar deny any application,
subject to such reasonable conditions, if any, as the Clerk shall prescribe so long as the
denial of the application or any conditions imposed an the granting of the application are
reasonably necessary for protection of the public health, safety and morals, based upon the
results of the investigation. No permit shall be granted to an applicant that is nat a qualified
applicant or is nat a legal entity, or is a legal entity whose officers and/or directors are not
qualified applicants. (Ord. 869, 4-4-2000)
5-4-12: TERM OF PERMIT:
A "nonaerial common fireworks permit" or a "fireworks display permit" issued pursuant to
this Chapter shall be valid only for the period designated in the permit and valid only within
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the calendar year in which issued. A permit shall be valid only for the specific premises or
location designated in the permit. However, subject to reasonable conditions necessary for
protection of the public health, safety and morals, an applicant may be granted permits for
more than one premises or location within the City. Na permit shall be transferable or
assignable. (Ord. 869, 4-4-2000)
5-4-13: INSURANCE REQUIRED:
Each applicant, fora "nonaerial Gammon fireworks permit" ar for a "fireworks display
permit", shall obtain the following insurance coverage, and shall have filed with the Clerk
prior to the issuance and validity of any permit, a certificate of insurance, of public liability
and products liability insurance, including both "accident" and "occurrence" coverage. The
insurance coverage limits for both public liability coverage and for products liability
coverage for bodily or personal injury, death, or property damage, or other loss as the
result of any one occurrence or accident regardless of the number of persons injured or the
number of claimants, shall not be less than five hundred thousand dollars ($500,000.00)
per occurrence aggregate bodily, and five hundred thousand dollars ($500,000.00) per
occurrence aggregate property damage, or personal injury, for a nonaerial common
fireworks retail permit; and occurrence or accident, regardless of the number of persons
injured or the number of claimants, shall not be less than one million dollars
($1,000,000.00) per occurrence aggregate bodily, and one million dollars ($1,000,000.00)
per occurrence aggregate property damage, or personal injury, for a fireworks display
permit.
Each policy of insurance shall be in form and substance acceptable to the City, and shall
name as insured parties under the terms of the policy the City, all officials, elected and
appointed, of the City in performance of official functions regarding all operations under or
pertaining to said permit, any licensee ar licensor of the applicant, and all vendors of
fireworks covered by the permit to be issued to the applicant. Said policy of insurance shall
be so written that it cannot be canceled without at least ten (10) days' prior written notice to
the City from the underwriting insurance company. The policy of insurance shall be
underwritten through or by a qualified and duly licensed insurance company or companies
doing or authorized to do insurance business in Idaho, and a certificate of insurance of said
policy shall be filed with the Clerk prior to the issuance of the permit. (Ord. 869, 4-4-2000)
5-4-14: AUTHORIZED DATES FOR THE SALE AND USE OF FIREWORKS:
A.Nonaerial common fireworks may be sold at retail and used beginning at twelve o'clock
(12:00) midnight June 23, and ending at twelve o'clock (12:00) midnight July 5 and
beginning at twelve o'clock (12:00) midnight December 26 and ending at twelve o'clock
(12:00) midnight January 1.
B.Nonaerial common fireworks may be sold and used at any time during the above periods
in compliance with permits issued under provisions of this Chapter. (Ord. 869, 4-4-2000)
5-4-15: TEMPORARY FIREWORKS STANDS AND TENTS:
Temporary fireworks stands/tents from which "nonaerial common fireworks" are to be sold
shall be subject to the following provisions:
A.AII retail sales of "nonaerial common fireworks" shall be permitted only from within a
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temporary fireworks stand/tent, and the sale from any other building or structure is hereby
prohibited.
B.The stand/tent in which the fireworks will be stored or sold shall not be located within
twenty five feet (25') of any other building nor within one hundred feet (100') of any
flammable liquid dispensing device or installation.
C.AII such stands/tents shall meet the requirements of the building code ~ of the City and all
lighting circuits and other electrical equipment shall meet the requirements of the
Electrical Ordinance 2 of the City. No open flame heating device may be used in a
temporary fireworks stand/tent at any time.
D.The stand/tent shall have exit doors at least thirty inches (30") wide at both ends of the
structure and one additional door for each thirty two feet (32') of rear wall in excess of
thirty two feet (32'). All doors shall open outward from the stand/tent and all doorways
shall be kept free and clear from all supplies and materials at all times.
E.Each stand/tent shall be provided with a minimum of one type 2A 10BC rated fire
extinguisher, and one water-type fire extinguisher, in good working order and with a
current inspection tag in place and which shall be easily accessible for use in case of
fire in the immediate proximity of where the fireworks are retailed.
F.There shall be at least one supervisor, twenty one (21) years of age or older, on duty at
all times. No fireworks shall be effectively marketed in aself-service fashion unless in
an approved stand/tent as herein this Chapter provided. No person under eighteen (18)
years of age shall work at or about or inside any stand/tent where "nonaerial common
fireworks" are sold or offered for sale, unless an adult supervisor is present.
G.No person employed as a watchman shall be permitted to sleep inside of any stand/tent.
H."No Smoking" signs shall be prominently displayed both inside and outside the
stand/tent. No smoking shall be permitted within the stand/tent or within twenty five feet
(25') of the stand/tent.
During the first selling period, no temporary stand/tent shall be erected before June 15 of
any year. The premises on which the stand/tent is erected shall be cleared of all
structures and debris not later than twelve o'clock (12:00) noon of July 12. For the
second selling period, no temporary stand/tent shall be erected before December 15 of
any year. The premises on which the stand/tent is erected shall be cleared of all
structures and debris not later than twelve o'clock (12:00) noon of the following January
8.
J.No fireworks shall be discharged in or within twenty five feet (25') of any fireworks
stand/tent.
K.No person shall allow any rubbish to accumulate in or around any fireworks stand/tent or
permit a fire nuisance to exist. Only noncombustible waste containers shall be permitted
within the stand/tent.
L.Unless the stand/tent is locked or otherwise secured no fireworks shall remain
unattended at any time regardless of whether the fireworks stand/tent is open far
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business or not. If any fireworks are stored, they shall only be stored at such places as are
approved for storage of fireworks by the fire chief or his representative.
M.No stand/tent shall have a floor area in excess of seven hundred fifty (750) square feet,
unless the fire department has approved such structure.
N.No stand/tent shall be erected at a location where retail sales are not allowed under
zoning ordinance s provisions of this code unless a permit for sales has been issued for
said location prior to the adoption of this chapter.
O.No dry vegetation, Christmas trees, or any other combustible material may be stared,
displayed, sold, or otherwise kept within twenty five feet (25') of a fireworks stand/tent.
(Ord. 869, 4-4-2000)
P.Only tents that comply with chapter 24 of the international fire code a' as adopted by the
city shall be used for the sale and/or storage of nonaerial common fireworks. (Ord. 04-
1082, 6-15-2004)
Q.1. A short term storage facility may be used far the storage of nonaerial common
fireworks for a period of sixty (60) days prior to, and fifteen (15) days after, any
authorized retail sales date. The fire department shall be notified of the address or
location of all short term storage facilities when fireworks will not be stored in a
temporary fireworks stand/tent. If the short term storage facility is not within the
boundaries of the city, then the permittee shall notify the authority having jurisdiction
where the storage is to take place.
2. Short term storage is allowed in any of the following, provided it is locked or
otherwise secured: a temporary fireworks stand/tent, truck trailer, or other vehicle. A
truck trailer or other vehicle used for short term storage must remain at least twenty five
feet (25') from any other inhabited building. Short term storage may occur in a locked or
secured shed, garage, barn or other building or storage container which is detached
from an inhabited building and contains no open flames, including heating and lighting
sources. (Ord. 869, 4-4-2000)
R.At each stand/tent the operator shall post a sign, in a conspicuous place, warning
parents and guardians of liability for damage caused by the use of fireworks by a minor.
For those stands/tents that have cash registers, the sign must be posted at each cash
register. The sign shall be not less than eight and one-half inches by eleven inches (8
1/2" x 11") in size, with a font pitch of not less than thirty six (36), and shall read as
follows:
WARNING
ACCORDING TO IDAHO CODE 39-2611, THE PARENTS, GUARDIANS OR OTHER
PERSONS HAVING CUSTODY OR CONTROL OF A M/NOR SHALL BE LIABLE
FOR DAMAGE CAUSED BY THE USE OF FIREWORKS BY THE MINOR.
(Ord. 04-1082, 6-15-2004)
5-4-16: GENERAL PROHIBITIONS:
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It shall be unlawful for any person, except in compliance with this chapter to:
A.Alter any fireworks;
B.Throw any fireworks from, into or at a moving vehicle or at any person;
C.Sell or use any fireworks at any time not permitted under this chapter;
D.Use fireworks in any area that constitutes a severe fire threat based on the vegetative
conditions during the current fire season as determined by the fire chief, provided that
notice of such areas is given in advance. (Ord. 04-1082, 6-15-2004)
5-4-17: LIABILITY OF PARENTS OR GUARDIANS;
The parents, guardians or other persons having custody or control of minor shall be liable
for damage caused by the use of fireworks by the minor. (Ord. 04-1082, 6-15-2004)
5-4-18: RECORDS TO BE KEPT:
Each permittee shall be required to retain at the licensed premises while said premises are
open, or at a location where they can be made readily available to the fire department or
police department during the applicable retail period, and at his principal place of business
for a year thereafter, copies of all invoices, receipts and orders evidencing the source from
which he acquired the fireworks which he handled. (Ord. 869, 4-4-2000)
5-4-19: COMPLY WITH IDAHO STATE FIREWORKS ACT:
It shall be the duty of every person issued a "fireworks permit" to comply with all the
provisions of the Idaho state fireworks act and this chapter. The conviction for violation of
the aforesaid Idaho state fireworks act or any of the provisions of this chapter by the
permittee, or by any of its agents, employees, or officers shall constitute a cause, in and of
itself, to deny any subsequent application far a permit. (Ord. 869, 4-4-2000)
5-4-20: VIOLATION AND PENALTY:
A.It shall be unlawful for any person, firm or corporation to violate any of the provisions of
this chapter, and any violation thereof shall constitute a misdemeanor.
B.Upon conviction of any violation of any of the provisions of this chapter, such person shall
be punished by a fine of not more than three hundred dollars ($300.00) or by
imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
C.Fireworks being used in violation of this chapter will be confiscated by the Meridian fire
department. (Ord. 869, 4-4-2000)
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