869 City Code Fireworks Ordinance
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ORDINANCE NO. 869
Al'\I ORDINANCE OF THE CITY OF lvlERlDIAN REL\TING TO FIREvVORKS,
REPEALING CHAPTER 4 OF TITLE 5 OF THE lvlERlDIAN CITY CODE,
PROVIDING FOR A NEvV CHAPTER 4, TITLE 5 TO BE Iú~OWN AS "THE
jylERIDIAN FIREWORKS ORDINAL~CE"; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PERLvIIT; PROVIDING FOR APPLICATIONS; PROVIDING
FOR INVESTIGATIONS; PROVIDING FOR TERN!; PROVIDING FOR
INSURANCE REQUIREMENT; PROVIDING FOR AUTHORIZATION DATE;
PROVIDING FOR. TEjylPORARY FIREWORl(S STAL~DS; PROVIDING FOR
LIABILITY; PROVIDING FOR RECORD KEEPING; PROVIDING FOR
COjylPLIANCE WITH IDAHO STATE CODE Ai~D PROVIDING FOR
VIOLATIONS AND PENALTIES.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CIIT OF jy1ERIDL<\1~, ADA COUNn-, IDAHO:
SECTION 1:
That Chapter 4, Title 5, of the Revised and Compiled
Ordinances of the City of Meridian be repealed.
SECTION 2:
That a new Chapter 4, Title 5 be enacted to read as follows:
MERIDIAN FIREWORI(S ORDINANCE
Sections:
5-4-01
5-4-02
5 -4-03
5-4-04
5-4-05
5-4-06
5-4.07
5-4-08
FIREWORKS
DAL"TGEROUS FIREvVORKS
NONAERIAL COMNION FIREì¡VORKS
FlREvVORKS DISPLAY PERMIT
NONAERIAL COMNION FIR.EvVORKS PERlvIIT
QUALIFIED APPLICAJ."TT
APPLICATION FOR NONAERIAL COjyIMON FIREvVORKS PER1\iIIT
APPLICATION FOR FIREWORKS DISPLAY PERl\1IT
ORDINANCE. 1
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5 -4-09
5-4.10
5-4-11
5-4-12
5-4-13
5-4.14
5-4.15
5-4-16
5-4.17
5-4-18
5-4-19
5-4-20
FORNI OF APPLICATION
INVESTIGATION
CLERK TO ISSUE PERt\ilIT
TERlvi OF PER1\¡IIT
INSURANCE REQUIRED
AUTHORlZED DATES FOR THE SALE AL,\[D USE OF FIREvVORl<S
TENIPORARY FIREWORKS STAL"TDS
GENERAL PROHIBITIONS
LIABILITY OF PARENTS OR GUARDIA.L"TS
RECORDS TO BE KEPT
CONIPL Y 'WITH IDAHO STATE FIREWORKS ACT
VIOLATION AND PENALTY
Section 5.4.01: FIREWORKS
"Fireworks" means 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 lAG. The tenn
"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, pop.its or other
devices which contain twenty~five hundredths (.25) of a grain or less of explosive
substance.
Section 5-4-02 DANGEROUS FIREWORI(S
"Dangerous Fireworks" includes any of the follmving:
A.
All "fireworks" other than Nonaerial Common Fireworks.
Section 5-4-03 NONAER1AL COMMON FIREWORKS
"N onaerial Common Fireworks" means 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 (15) foot diameter circle or emit sparks or
other burning material which land outside a twenty (20) foot diameter circle or above a
ORDINANCE - 2
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height or twenty (20) feet. Nonaerial common fireworks do not include firecrackers,
jumping jacks, or similar products.
Section 5.4-04 FIREWORKS DISPlAY PERNIIT
It shall be unlawful for any person in the City to impon, export, offer for
sale, sell, possess, keep, or store or pem1it the keeping or stOring of any "fireworks" for
any use or purpose, except that a person holding a "Fireworks Display Pennit" 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.
Section 5-4.05 NONAERIAL COMMON FIREWORKS PERNlIT
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 Cornman Firevvorks" for
any use or purpose.
Section 5.4-06 QUALIFIED APPLICANT
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.
Section 5-4-07 APPLICATION FOR NONAERIAL COMMON FIREWORKS
PERNIIT
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" vvithin the City shall first
make written application to the Clerk for a "N onaerial Common
Fireworks Pennit".
ORDINAL"TCE . 3
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ORDINANCE - 4
B.
Each application for a permit co sell "Nonaerial Common
Fireworks" at retail shall be filed with the City Clerk,
c.
A Pem1it to sell "Nonaerial Common Fireworks" at retail, at a
temporary fireworks stand, may be gramed for a SUITUner period
beginning at midnight June 23, and ending at midnight July 5,
and/or for a wimer period beginning at midnight December 26,
and ending at 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 for a permit to sell "Nonaerial Common
Fireworks" at retail at a temporary fireworks stand for the summer
period, must be filed "vvith 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 fire,vorks stand for (he vvimer period, must be
filed with the City Clerk on or before OctOber 15, preceding the
\vinter period. For the summer retail period of June 23, 2000,
through July 5, 2000, all applications must be filed no later than
May la, 2000,
Each applicant shall pay to the City Clerk a fee of twenty-five
dollars ($25.00) at the time they file their applicatiQn. At the time
and as a condition of such filing and vvith each appliCation, each
applicant shall pay an additional fee to defray costs 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 post "vvith the City Clerk a
cash bond or cash deposit or letter of credit in the amount of not
less than fifty and no/lOa'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,
The City Clerk shall conduct the necessary investigation into the
application in order to determine that the application is in
compliance ,vith this chapter, and that the applicant is a qualified
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applicant, and a pem1it shall be granted only in the event upon
investigation the Clerk detem1ines the applicant is a qualified
applicant, and the application is otheI\vise in compliance vvith 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 vvith the requirements of this section for the timely
removal of the temporary fireworks stand and clean up of debris at
the 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 follmving the summer or vvinter 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.
Section 5-4-08 APPLICATION FOR FIREWORlGS DISPLAY PER.L\iIIT
A.
B,
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ORDINANCE. 5
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 for a "Fireworks
Display Permit".
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 qualiHed applicant, and the application is
othenvise in compliance vvith this chapter and the required permit
fee and deposit have been paid,
Application for "Fireworks Display Permit" shall be HIed not less
than SL'<1y (60) days prior to the proposed display date.
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D.
Eac:., applicant shall pay to L1.e City of i\tleridian a fee of one
hundred twenty five dollars ($125.00) at the time he tìles his
application. In the event the "Fireworks Display Pennit", is denied,
the City of lvleridian shall refund the application fee. The
applicant shall also reimburse the City for all reasonable expenses
incurred in investigation to determine whether the pennit should
be granted.
E.
At the time and as a condition of such filing and vviLh each
application, each applicant shall pay an additional fee to defray
costs 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 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/lOOths dollars ($50.00)
to secure the applicants performance if a permit is issued of the
prompt removal of the cleaning up of debris of all property and/or
debris associated vvith Ll1e display, Clean up shall be completed
within three (3) days of the date of the display.
Section 5-4-09 FORM: OF APPLICATION
Each qualified applicant for a "Nonaerial Common Fireworks Permit" or a
"Fireworks Display PenTÚt" shall file his application with the Clerk. Each application
shall show the following:
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B,
c.
ORDINANCE - 6
Name and address of applicant.
Except for applicants who are individuals, the purpose for which the
applicant is primarily existing and for which it was organized.
If a permit is required the applications shall be on a fonn 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
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the business, each location at which fireworks are [Q be stored and
the applicant's Idaho sales ta..\: seller's pem1it number, if applicable.
D,
The location and dates where the applicant requests pem1ission to
sell "Nonaerial Common Fireworks" or display "Fireworks",
E.
vVhen 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 pennanent meeting place
or places, or principal place or places of business, and residence
address if an individual.
G.
The applicant's State Sales Ta..\: 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 ovvnership organization of
each parent or subsidiary, if any.
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 comer.
Such other information as the Clerk may require on a Standard fonn
submitted to all applicants and which is reasonably necessary to
protect the public health, safety and morals.
Section 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.
ORDINANCE - 7
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Section 5-4-11 CLERl( TO ISSUE PERLV1IT
The Clerk shall have the power in his/her discretion to grant or deny any
applicaÜon, subject to such reasonable conditions, if any, as the Clerk shall prescribe so
long as the denial of the application or any conditions imposed on 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 not a qualified applicant or is not a legal entity, or is a legal entity
whose officers and/or directors are not qualified applicants.
Section 5-4-12 TERNI OF PER1v1IT
A "Nonaerial Common Fireworks Pennit" or a "Fireworks Display Permit"
issued pursuant to this Chapter shall be valid oruy for the period designated in the
permit and valid only "vithin the Calendar year in which issued, A permit shall be valid
oruy 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 vvithin the
City. No permit shall be transferable or assignable.
Section 5.~-13 INSURANCE REQUIRED
Each applicant for a "N onaerial Common Fireworks Permit" or for a
"Fireworks Display Permit", shall obtain the following insurance coverage, and §.hall have
filed vvith 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 anyone (I) 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 a&:,aregate propeny damage, or personal injury, for a
Fireworks Display Permit.
ORDINANCE - 8
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Each policy of insurance shall be in fonD and substance acceptable to the
City, and shall name as insured parties Lmder the tenns of the policy the City, all officials,
elected and appointed, of the City in performance of otncial functions regarding all
operations under or pertaining to said pennit, any licensee or licensor of the applicant, and
all vendors of fireworks covered by the permit to be issued to the applicam. Said policy of
insurance shall be so 'written that it cannot be canceled vvithout at least ten (10) days prior
written notice to the City from the underwriting insurance company, The policy of
insurance shall be undervvritten through or by a qualified and duly licensed insurance
company or companies doing or authorized to do insurance business in Idaho, and a
Certitìcate of Insurance of said policy shall be filed vvith the Clerk prior to the issuance of
the pennit.
Section 5-4-14 AUTHORIZED DATES FOR THE SALE AND USE OF
FIREWORI(S
(1)
Nonaerial common fireworks may be sold at retail and used
beginning at midnight June 23, and ending at midnight July 5 and
beginning at midnight December 26 and ending at midnight January
1.
(2)
N onaerial Common fireworks may be sold and used at any time
during the above periods in compliance vvith permits issued under
provisions of this chapter.
Section 5~4-15 TEMPORARY FIREvVORl<S STANDS AJ.~D TENTS
. Temporary fireworks stands/tents from which "Nonaerial Common
Fireworks" are to be sold shall be subject to the following provisions:
A.
All retail sales of "nonaerial common fireworks" shall be permitted
only from vvithin a temporary fireworks stand/tent, and the sale from
any other building or structure is hereby prohibited.
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The stand/tent in which the fireworks will be stored or sold shall not
be located vvithin twenty.five feet (25') of any other building nor
within one hundred feet (100') of any flammable liquid dispensing
device or installation.
ORDINANCE. 9
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ORDINANCE - 10
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All 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 Elecuical Ordinance 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 thiny inches (30") ,vide
at both ends of the structure and one (1) 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 vvith a minimum of one (1) type 2A
10BC rated fire extinguisherg, and one (1) water type fire
e.Xtinguisher, in good working order and ,vith a current inspection tag
in place and which shall be easily accessible for use in case of fìre 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 effeaively marketed
in a self service fashion unless in an approved stand/tent as here in
this chapter provided. N a person under eighteen (18) years of age
shall work at or about or inside any stand/tent where "nonaerial
common fìreworks" are sold or offered for sale, unless an adult
supervisor is present.
No person employed as a watchman shall be pennitted to sleep inside
of any stand/tent.
"N 0 Smoking" signs shall be prominently displayed both inside and
outside the stand/tent. No smoking shall be pennitted 'within the
stand/tent or within twenty-fìve 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 noon of the twelfth day of July. For the second selling
period, no temporary stand/tent shall be erected before December 15
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ORDINANCE. 11
of any year. The premises on which the stand/tent is ereaed shall be
cleared of all structures and debris not later than noon of the
following eighth day of January.
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No fireworks shall be discharged in or \vithin tvvemy-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 pennit a fire nuisance to e.'<ist, Only non-
combustible waste containers shall be permitted \vithin the
stand/tent.
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Unless the stand/tent is locked or othervvise secured no fireworks shall
remain unattended at any time regardless of \'vhether the fireworks
stand/tent is open for 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,
zYt
No stand 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 provisions of the Meridian City
Code urness a permit for sales has been issued for said location prior
to the adoption of this ordinance.
No dry vegetation, Christmas trees, or any other combustible
material may be stored, displayed, sold, or othervvise kept within
twenty five (25) feet of a fireworks stand/tent.
Orùy tents that comply with Article 32 of the UIÚfonn Fire Code
as adopted by the City shall be used for the sale and/or storage of
nonaerial common fireworks.
(1 )
A short.term stOrage facility may be used for the storage on
non-aerial common fireworks for a period of SL'<ty (60) days
prior to, and fifteen (IS) days after, any authorized retail sales
date. The Fire Depanment shall be notified of the address or
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location of all short.term storage facilities when fireworks vvill
not be stored in a temporary fireworks stand/tent, If the short~
term storage faciliTY is not vvithin the boundaries of City of
1\ileridian, then the pennittee shall notify the authority having
jurisdiction where the storage is to take place,
(2)
Short-term storage is allowed in any of the follovving,
provided it is locked or othervvise secured: a temporary
fireworks stand/tent, trucl< trailer, or other vehicle. A trud~
trailer or other vehicle used for short-term storage must
remain at least twenty-five (25) feet from any other
inhabited building. Short.tenn storage may occur in a
locked or secured shed, garage, barn or other building or
stage container which is detached from an inhabited
building and contains no open flames, including heating and
lighting sources.
Section 5~4~16 GENERAL PROHIBITIONS
to:
(3)
(4)
ORDINANCE. 12
It shall be unlawful for any person, except in compliance vvith this chapter
( 1)
Alter any fireworks;
(2)
Throw any fireworks from, into or at a moving vehicle or at any
person;
Sell or use any fireworks at any time not permitted under this
chapter;
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 Hre Chief, provided that notice of such areas is
given in advance,
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Section 5A-I7 LIABILITY OF PARENTS OR GUARDIANS
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. Damages are
limited to an amount not to exceed $2,500,00.
Section 5-4.18 RECORDS TO BE KEPT
Each pennittee 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 Depanment 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.
Section 5-4"-19 COMPLY WITH IDAHO STATE FIREWORKS ACT
It shall be the duty of every person issued a "Fireworks Pennit" to comply
with all the provisions of the Idaho State Fireworks Act and this Chapter. The
conviction or violation of the aforesaid Idaho State Fireworks Act or any of the
provisions of this Chapter by the pennittee, or by any of its agents, employees, or
officers shall constitute a cause, in and of itself, to deny any subsequent application for
a pennit.
Section 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 of the Meridian City Code,
and any violation thereof shall constitute a misdemeanor.
B.
Upon conviction of any violation of any of the provisions of this
Chapter of the Meridian City Code, such person shall be punished by
a fine of not more than three hundred dollars ($300.00) or by
imprisonment for not more than thiny (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 Depanment. "
ORDINANCE - 13
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SECTION 3. DATE OF EFFECT. This ordinance shall (alo(e efÙ:Ct vvithin
one month after its passage and publication, according to law.
~('S~E CO~~~~OF ruE CITY OF MEJUDJA¡'1, IDAHO, this )11-- day
:¡p~y THE ~ ~~~ OF THE CITY OF MERlD lAt'l, IDAHO" this 11- day
CITY OF MERIDIAl"J
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ORDINANCE - 14