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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 Page I of 4 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. """~ AITEST' ",,~, if " "" .. - . " :\, "'l " ~~à o\,\p°R-17-" 't- "\ !ò #' 'ö -:: dI~b~'ç.(.. '< SEAL \ City Clerk ' '% "'~Q. ,cf 0 ! <;. 7<:> ù,sr 15""\ ' ",",!Ò 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 Page 1 of 1