04-1082 City Code Fireworks Amended Ord
CITY OF MERIDIAN
ORDINANCE NO. 04- It? f}2-
BY: /4/:;;\.//31}-cL-
AN ORDINANCE FOR THE CITY OF MERIDIAN, IDAHO, AMENDING THE
FOLLOWING SECTIONS OF CHAPTER 4 OF TITLE 5 FIREWORKS:
SECTION 7.E. TO PROVIDE FOR INSPECTIONS BY THE FIRE
DEPARTMENT; SECTION 15.P. TO PROVIDE FOR THE INTERNATIONAL
FIRE CODE INSTEAD OF THE UNIFORM FIRE CODE AND TO PROVIDE
FOR A NEW SUBSECTION R. WHICH WILL PROVIDE FOR A PARENTAL
AND/OR GUARDIAN LIABILITY SIGN, AND SECTION 16 TO DELETE THE
LIMITATION OF DAMAGES FOR LIABILITY ARISING FROM THE USE OF
FIREWORKS; OF THE MERIDIAN CITY CODE; PROVIDING FOR
CONFLICT, VALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Section 7.E. Chapter 4 Title 5 Application for Nonaerial Common
Fireworks Permit of the Meridian City Code, be, and the same is hereby amended and
shall now read as follows:
5-4-7 APPLICATION FOR NONAERIAL COMMON FIREWORKS PERMIT:
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 bv 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 bond or cash deposit or letter of credit in the amount of not
less than fifty and no/lOO's dollars (50.00) to secure the applicants
performance if a permit is issued of the prompt removal of the temporary
fireworks stand and the cleaning up of debris at temporary fireworks stand
site.
Fireworks Amended Ordinance
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SECTION 2: That Section 15.P., and the additional of a new subsection R., Chapter 4
Title 5 Temporary Fireworks Stands and Tents of the Meridian City Code, be, and the
same is hereby amended and shall now read as follows:
5-4-15: TEMPORARY FIREWORKS STANDS AND TENTS:
P.
Only tents that comply with f.rticle 32 Chapter 24 of the Y-nitèml2000
International Fire Code as adopted by the City shall be used for the sale
and/or storage of non aerial common fIreworks.
R.
At each stand/tent the operator shall post a sign, in a conspicuous place,
warning parents and guardians of liabilitv for damage caused bv the use of
fireworks bv 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 8
1/2" x 11" in size, with a font pitch of not less than 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
MINOR SHALL BE LIABLE FOR DAMAGE CAUSED BY THE USE OF
FIREWORKS BY THE MINOR.
SECTION 3: That Section 16 of Chapter 4 Title 5 General Prohibitions of the Meridian
City Code, be, and the same is hereby amended and shall now read as follows:
5-4-16: GENERAL PROHIBITIONS:
It shall be unlawful for any person, except in compliance with this chapter to:
Alter any fIreworks;
(I)
(2)
Throw any fireworks ITom, into or at a moving vehicle or at any
person;
(3)
Sell or use any fireworks at any time not permitted under this
chapter;
(4)
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.
The parents, guardian or other persons having custody or control of minor shall be
liable for damage caused by the use of fireworks by the minor. Daæages are
Fireworks Amended Ordinance
Page 2 of 4
limited to an ameant net to 0¡¡øøed $2,500.00.
SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict
herewith are hereby repealed, rescinded and annulled.
SECTION 5: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this Ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it
would have passed all other portions of this Ordinance independent of the elimination
herefrom of any portion as may be declared invalid.
SECTION 6: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and effect
after its passage, approval and publication, according to law.
PASSJ.D BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
~ day of J~ ,2004.
APP~VED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
~ day of J Wro..t.- , 2004.
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An Ordinance of the City ofMeridiJ¡-'!ijl~I¥.IJf';Q~er{ Jr., City Clerk
First Reading: 6-(;¡;--t?4- 11111".:,,;;;,,\\\\\\
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES~ NO-
Second Reading:
Third Reading:
STATE OF IDAHO,)
Fireworks Amended Ordinance
Page 3 of 4
: ss.
County of Ada. )
On this l5~day of....L. ,2004, before me, the undersigned, a
Notary ~ and for said State, personally appeared TAMMY de WEERD and
WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of
the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
Fireworks Amended Ordinance
Page 4 of 4
WHITE PETERSON
ATTORNEYS AT LAW
KEvIN DINIUS
JULIE KLEIN FISCHER
CHRISTOPHER D. GABBERT
WM.F.GIORAY.ln
T. GINIIALLAM"
JILLS.HOUNKA
JOHNR. KORMANIK ,
WILUAM A MORROW
WILUAMF.NIŒOLS"
CANYON PARKA T THE IDAHO CENTER
5700 E FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAX (208) 4664405
CHIliSTOPHER S. NYC
PHlLW A PETERSON
ToooARoSSMAN
TERRENCER. WHrrE'"
. Alw "'mitted Ü, CA
.. Alw ",",i"ed i" OR
... Alw"'mi"edi"WA
May 27,2004
William G. Berg, Jr.
City of Meridian
33 E. Idaho
Meridian, Idaho 83642
Re:
Ordinance No, 04-!tlf}'l. , (Fireworks Amended Ordinance for the City of
Meridian) Summary of Publication
Dear Will:
Pursuant to the direction of the Meridian City Council, this office has prepared a
summarization of the ordinance providing for the Fireworks Amended Ordinance for the City of
Meridian, pursuant to the City's action. I do hereby advise the City, and make this statement, that
said summary is true and complete and provides adequate notice to the public of the provisions of
said ordinance.
You are hereby directed to file this statement with the ordinance, pursuant to the
provisions ofIdaho Code § 50-901(A).
~JL
Wm. F. Nichols
Enclosure
Z:\Work\M\MeridianIMeridian 15360MOrdinances City Hall\2004 OrdIBerg Fireworks Amend Sum Ord cover ltr 0524 04.do;
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.c. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 04-1 tJ ø 2-
PROVIDING FOR AMENDMENTS TO CHAPTER 4 OF TITLE 5
FIREWORKS
This ordinance of the City of Meridian is amending section 7.E. of Chapter 4 Title 5 of
Application For Nonaerial Common Fireworks Permit to provide for inspections by the Fire
Department, to provide for the International Fire Code instead of the Uniform Fire Code, and to
provide for a new subsection R. which pertains to a parental and/or guardian liability sign, in
section 15.P. Temporary Fireworks Stands and Tents of Chapter 4 Title 5, and to delete the
damages limitation in section 16 regarding liability for damages caused by fireworks.
A full text of this ordinance is available for inspection at City Hall, Ci~ of Meridian, 33 East
Idaho, Meridian, Idaho. This ordinance shall become effective on the I $i-day of <f~ ,
2004.
dI~~~{~.
City of Meridian
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading: ¡ -/>-114--
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902:
YES~ NO-
Second Reading:
Third Reading:
Z:\Work\M\MeridianlMeridian 15360M\Ordinances City Hall\2004 OrdIFireworks Amend Sum Oed 05 24 04.doc
Fireworks Summary Ordinance
Chapter 4 Title 5
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