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07-1301 City Code Fireworks Ordinance '.' CITY OF MERIDIAN ORDINANCE NO. j 7 --- I J 01 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, REPEALING CHAPTER 4 OF TITLE 5 OF THE MERIDIAN CITY CODE, RELATING TO FIREWORKS, PROVIDING FOR A NEW CHAPTER 4, TITLE 5, TO BE KNOWN AS "THE MERIDIAN FIREWORKS ORDINANCE"; PROVIDING FOR A SHORT TITLE; DEFINITIONS; SALE, STORAGE, POSSESSION, AND/OR DISCHARGE OF FIREWORKS; INSPECTIONS BY FIRE CHIEF; PERMITS FOR RETAIL SALES OF NON-AERIAL COMMON FIREWORKS; RETAIL SALES OF NON- AERIAL COMMON FIREWORKS; STORAGE OF NON-AERIAL COMMON FIREWORKS; GENERAL PROHIBITIONS; LIABILITY OF PARENTS OR GUARDIANS; VIOLATIONS AND PENAL TIES; PERMITS FOR PUBLIC FIREWORKS DISPLAYS; AND PUBLIC FIREWORKS DISPLAYS. WHEREAS, the regulation of the sale, storage, possession, and discharge of fireworks is within the City's authority under Article 12, ~ 2 of the Idaho Constitution to pass police regulations for the protection of the people's health, safety, and welfare; WHEREAS, the protection of persons and property from unreasonable fire hazards is in the best interest of the City of Meridian; WHEREAS, the Idaho State Fireworks Act of 1997 (Idaho Code ~~ 39-2601 et seq.), specifically, Idaho Code ~ 39-2604(1) authorizes the City of Meridian to require a permit for the retail sale of non-aerial common fireworks; and WHEREAS, the Idaho State Fireworks Act of 1997 (Idaho Code ~~ 39-2601 et seq.), specifically, Idaho Code ~ 39-2605(1) authorizes the City of Meridian to require a permit for a public fireworks display; WHEREAS, the City Council of the City of Meridian finds appropriate circumstances justifying the reasonable variance herein from strict compliance with Idaho Code ~ 39- 2607; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 4, Title 5, of the Revised and Compiled Ordinances of the City of Meridian be repealed.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 shall be enacted to read as follows: Section 5-4-01: SHORT TITLE: MERIDIAN FIREWORKS ORDINANCE Page 1 of22 'Ii .~ This chapter shall be known as THE MERIDIAN FIREWORKS ORDINANCE. Section 5-4-02: DEFINITIONS: A. FIREWORKS: 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, including 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 I.3G or UN 0336 I.4G. B. DANGEROUS FIREWORKS: All fireworks other than non-aerial common fireworks. C. NON-AERIAL COMMON FIREWORKS: 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 height of twenty (20) feet. Non-aerial common fireworks shall not include firecrackers, jumping jacks, or similar products. D. NOVELTY FIREWORKS: 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. E. OPERATION: A business, whether formally or informally organized, in which the operator sells fireworks at retail. F . OPERATOR: Any person, sole proprietor, partnership, or corporation selling fireworks at retail. This definition shall include such operator's agents, employees, partners, and officers. G. SHORT-TERM STORAGE CONTAINER: Any container that is used for the storage of non-aerial common fireworks when: 1. The non-aerial common fireworks stored therein are possessed under the authority of a Non-aerial Common Fireworks Permit and: a. The operation is closed, and/or b. Such fireworks are inventory and/or not actively being sold or offered for sale. " MERIDIAN FIREWORKS ORDINANCE Page 2 of 22 ,1 2. The non-aerial common fireworks stored therein are possessed under the authority of a Public Fireworks Display Permit and such fireworks are not actively being used for public fireworks display. Except as otherwise provided in this chapter, for purposes of this definition, short- term storage facilities may include, but are not limited to, the following, where fireworks are stored therein: any stand, tent, truck, trailer, or other vehicle; a fully enclosed inter modal container; or a shed, detached garage, barn, outbuilding, or other permanent structure. H. SUMMER SALES AND USE PERIOD: From 11 :59 p.m. June 22 to 11 :59 p.m. July 5. I. WINTER SALES AND USE PERIOD: From 11 :59 p.m. December 25 to 11 :59 p.m. January 1. J. CARETAKER UNIT: A recreational vehicle or motor vehicle equipped as living quarters parked at the site of an operation for the purpose of providing security for an operation during non-business hours. This definition shall not include camping tents. K. PERMITEE: The person to whom a Non-aerial Common Fireworks Permit or Public Fireworks Display Permit is issued pursuant to this chapter. L. PUBLIC FIREWORKS DISPLAY: The discharging of fireworks for the purpose of producing a visible or audible effect. This definition shall not include the discharging of novelty fireworks. M. TEMPORARY FIREWORKS STAND: A temporary stand or tent from which non- common aerial fireworks are sold and/or offered for sale. A temporary fireworks stand may serve as a short-term storage container pursuant to the provisions of this chapter. Section '5-4-03: SALE, STORAGE, POSSESSION, AND/OR DISCHARGE OF FIREWORKS: A. The sale, storage, possession, and/or discharge of dangerous fireworks is prohibited at all times, except where such sale, storage, possession, and/or discharge complies with: 1. A Public Fireworks Display Permit validly issued pursuant to this chapter; and 2. All provisions of this chapter. B. The sale, storage, possession for purposes of sale, and/or possession for purposes of storage of non-aerial common fireworks is prohibited at all times, except that non- MERIDIAN FIREWORKS ORDINANCE Page 3 of 22 . aerial common fireworks may be sold and/or stored during the summer sales period or the winter sales period so long as such sale and/or storage complies with: 1~ A Non-aerial Common Fireworks Permit validly issued pursuant to this chapter; and 2. All provisions of this chapter. '" ~ C. The possession for purposes of discharge and/or discharge of non-aerial common fireworks is prohibited at all times, except that non-aerial common fireworks may be possessed and/or discharged during the summer sales period, the winter sales period, or the period specified in a validly issued Public Fireworks Display Permit, so long as such possession and/or discharge complies with all provisions of this chapter. D. Novelty Fireworks may be sold, stored, possessed, and/or discharged at any time. Section 5-4-04: INSPECTIONS BY FIRE CHIEF: The Fire Chief and/or his or her designee shall be authorized to: A. Inspect any and all operations at which fireworks are sold, offered for sale, and/or stored to ensure compliance with this chapter and any and all other applicable laws. B. Inspect any and all temporary fireworks stands from which fireworks are sold, offered for sale, and/or stored. C. Inspect and/or require operator to produce any records required by law. D. Revoke a Non-aerial Common Fireworks Permit or Public Fireworks Display Permit on the grounds and pursuant to the procedures set forth in this chapter. E. Conduct any other inspections or undertake any other acts authorized by this chapter and any and all other applicable laws. Section 5-4-05: PERMIT FOR RETAIL SALES OF NON-AERIAL COMMON FIREWORKS: A. No person, without having a valid Non-aerial Common Fireworks Permit issued pursuant to this chapter, shall offer for sale; possess or store for the purpose of sale; sell; cause to be offered for sale; cause to be possessed or stored for the purpose of sale; or cause to be sold non-aerial common fireworks in any manner or for any use or purpose. MERIDIAN FIREWORKS ORDINANCE Page 4 of 22 B. Application for a Non-aerial Common Fireworks Permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Applicant's name, age, and social security number; 2. If operation is a partnership, corporation, or limited liability company, the names and addresses of, as applicable: a. All partners; b. All corporation and corporate officers; or c. The company and its members. 3. Physical and mailing addresses of applicant's home and principal place of business; 4. Name and address of applicant's registered agent for service of process; 5. Idaho sales tax seller's permit number, if applicable; 6. Physical address and description of each and every location at which fireworks are to be stored; 7. Dates during which non-aerial common fireworks are to be stored; 8. Physical address and description of any and all locations at which non-aerial common fireworks are to be sold and/or offered for sale; 9. Dates during which non-aerial common fireworks are to be sold and/or offered for sale; 10. A site plan, which shall include a description of: a. Location, type, and dimensions of any temporary fireworks stand and/or short-term storage container to be located at the sales site; b. Parking areas; c. Vision sight triangle, if located on a corner; d. Waste receptacles or garbage cans. MERIDIAN FIREWORKS ORDINANCE Page 5 of 22 C. The City Clerk shall direct the necessary investigations into the application in order to determine: 1. Whether the proposed operations, activities, and/or uses are in compliance with this chapter; and 2. Whether use of such permit by applicant or applicant's agent, employee, partner, or officer will likely endanger the health, safety, and/or welfare of persons or property. The City Clerk shall notify the Planning Department, Building Department, Fire Department and the Police Department, which departments shall, with the City Clerk, cause an investigation to be made of each application and applicant, and shall recommend to the City Clerk whether he or she should grant or deny the Non-aerial Common Fireworks Permit. D. Applications for Non-aerial Common Fireworks Permits authorizing the permitee to sell non-aerial common fireworks during the summer sales period or during the winter sales period shall be filed with the City Clerk on or before April 15, or the next business day if such date falls on a non-business day. E. So long as the application is filed by the applicable April 15 deadline, the City Clerk shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant more than 30 days after the respective April 15 deadline shall be denied. F. A separate application shall be filed for each and every operation and location at which non-aerial common fireworks are to be sold and/or offered for sale. G. An operator intending to sell fireworks during the winter sales period pursuant to a Non-aerial Common Fireworks Permit shall provide written notification of such intent to the City Clerk by mailing same by U.S. Post to the City Clerk between the period of December 1 and December 15 preceding the winter sales period during which the fireworks are to be sold. H. The City Clerk shall deny an application for a Non-aerial Common Fireworks Permit: 1. Where the applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of Title 39, Chapter 26, Idaho Code. MERIDIAN FIREWORKS ORDINANCE Page 6 of 22 2. Where the applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding one (1) year of a violation of the Unified Development Code of the City of Meridian. ...~....r.; !Ii 3. Where the City has revoked from applicant, or applicant's agent, employee, partner, or officer a Non-aerial Common Fireworks Permit issued pursuant to this chapter, in the preceding one (1) year. 4. Where the Planning Department, Building Department, Fire Department or Police Department report that: .. a. The proposed operations, activities, and/or uses are not in compliance with this chapter; or b. Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property. Any denial of an application for a Non-aerial Common Fireworks Permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing the City Clerk shall present findings and information as to the basis of the denial. The City Council shall have the authority to affirm the denial or order the City Clerk to grant the permit. The action of the City Council shall be final. I. Each Non-aerial Common Fireworks Permit application shall be accompanied by an application fee of twenty-five dollars ($25.00) for each operation for which a permit is sought. J. Each Non-aerial Common Fireworks Permit application shall be accompanied by a Certificate of Insurance for public liability and property-casualty insurance providing coverage of up to one hundred thousand dollars ($100,000) for personal injury and property damage. 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. K. A Non-aerial Common Fireworks Permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and for only the specific dates and location designated in the permit, and shall be nontransferable. L. The City Clerk, the Fire Chief, or a designee of either, may revoke a Non-aerial Common Fireworks Permit issued pursuant to this chapter where: MERIDIAN FIREWORKS ORDINANCE Page 7 of22 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 7. The permittee fails to comply with any provision of Meridian City Code, including, but not limited to, this chapter. Any revocation of a Non-aerial Common Fireworks Permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the permitee's mailing address as set forth in the application. The permitee may request a hearing on such revocation before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing, the City Clerk, the Fire Chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The City Council shall have the authority to affirm the revocation or order the City Clerk to reinstate the permit. The action of the City Council shall be final. Section 5-4-06: RETAIL SALES OF NON-AERIAL COMMON FIREWORKS: The following provisions shall apply to each and every operation. The sale of non-aerial common fireworks in violation of this section or in any manner or by any means not in accordance with the provisions of this section shall be unlawful. A. No person, without having a valid Non-aerial Common Fireworks Permit issued pursuant to this chapter, shall offer for sale; possess for the purpose of sale; sell; cause to be offered for sale; cause to be possessed for the purpose of sale; or cause to be sold non-aerial common fireworks in any manner or for any use or purpose. B. Only one (1) temporary fireworks stand shall be allowed per site. MERIDIAN FIREWORKS ORDINANCE Page 8 of22 C. No temporary fireworks stand used during the summer sales period shall be erected before June 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than noon on July 12. No temporary fireworks stand used during the winter sales period shall be erected before December 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than noon on January 8. D. One (1) caretaker unit may be allowed per sales site and shall be used only for the purpose of security of an operation. Such caretaker unit shall be located a minimum oftwenty-five feet (25') from any temporary fireworks stand or short-term storage container. Caretaker units used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after noon on July 12. Caretaker units used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after noon on January 8. E. The sale of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code. F. Non-aerial common fireworks and/or related merchandise shall not be sold or offered for sale, structures or signs shall not be erected, and/or business shall not be conducted within the public right-of-way, unless otherwise authorized by the appropriate transportation authority. If a private sidewalk or pedestrian way is occupied by a structure, stand, tent, or sign associated with an operation, a minimum width of four feet (4') shall remain unobstructed along the entire width of such . private sidewalk or pedestrian way. If such private sidewalk or pedestrian way is narrower than four feet (4') wide, at least one-half of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. G. No entrance and/or exit drive providing ingress or egress to an operation shall cause a traffic hazard or nuisance. Operators shall comply with all rules and standards for access as established by the appropriate transportation authority. H. No operation shall sell non-aerial common fireworks and/or offer non-common aerial fireworks for sale at a location lacking adequate off-street parking upon asphalt or other dustless material. Inadequate parking shall include, but shall not be limited to, such situation where parking by patrons of the operation displace off-street parking spaces or loading areas serving the site's permanent and/or primary use(s). ::. I. Compressors, fans, pumps, and/or other motorized equipment utilized by an operation shall be located and/or shielded in a manner that prevents unreasonable noise. J. No person shall construct, or cause to be constructed, any permanent structure for the sale and/or offering for sale of non-aerial common fireworks. No operator may sell or offer for sale non-aerial common fireworks from or in a permanent structure. MERIDIAN FIREWORKS ORDINANCE Page 9 of22 K. No person shall have an open flame or use an exposed-element heating device in any temporary fireworks stand. L. During business hours, each and every operation shall be staffed by at least one (1) person who is twenty-one (21) years of age or older. M. No person under sixteen (16) years of age shall be allowed in the non-public areas of a temporary fireworks stand. N. No operator shall sell fireworks to any person who is under the age of sixteen (16) years unless such person is accompanied by a parent or legal guardian. The burden of verifying the age of purchasers of fireworks shall be borne by the operator. O. Fireworks offered for retail sale shall not be readily accessible to the public. P. As to each and every temporary fireworks stand, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands. 1. Any and all temporary fireworks stands shall comply with all applicable provisions of Meridian City Code, including, but not limited to, the Unified Development Code, the Building Code, the Fire Code, and the Electrical Code. The operator shall obtain any and all required permits. 2. Prior to erecting any temporary fireworks stand, and throughout the applicable sales period, the ground underlying such temporary fireworks stand and all ground within a thirty-foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. No operator shall permit the accumulation of rubbish or trash in or around any temporary fireworks stand. No operator shall permit a fire nuisance or hazard to exist in or around any temporary fireworks stand. 3. No temporary fireworks stand shall have a floor area in excess of six hundred (600) square feet. 4. Any and all temporary fireworks stands shall have exit doors at least thirty inches (30") wide at both ends of the temporary fireworks stand and one (1) additional door for each thirty-two feet (32') of rear wall in excess ofthirty-two feet (32'). All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning. MERIDIAN FIREWORKS ORDINANCE Page 10 of 22 'S 5. Any and all temporary fireworks stands shall be located at least twenty-five feet (25') from any other building or structure. 6. Any and all temporary fireworks stands shall be located at least twenty-five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all temporary fireworks stands shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. 8. Any and all temporary fireworks stands shall contain a minimum of one (1) type 2A1OBC rated fire extinguisher, and one (1) 2A water type fire extinguisher. Such extinguishers shall, at all times: be in good working order, have a current inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof. 9. Any and all temporary fireworks stands shall be emptied of all fireworks when not open for business. This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as a short-term storage facility, in which case all provisions of this chapter governing short-term storage facilities shall apply, including, but not limited to, section 5-4-07(1). 10. No person shall sleep at any time in any temporary fireworks stand. 11. Vehicles shall not be parked within twenty-five feet (25') of the exterior of any temporary fireworks stand. 12. No person shall smoke within any temporary fireworks stand, nor within fifty feet (50') of any temporary fireworks stand. 13. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 14. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least two (2") high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 15. At least one (1) sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all MERIDIAN FIREWORKS ORDINANCE Page 11 of 22 temporary fireworks stands. Such signs shall be maintained in a legible condition at all times. 16. Waste receptacles or garbage calls in any temporary fireworks stand shall be non- combustible and shall have a securely-fitting lid. 17. All permits are required to be posted in the stand at all times. Section 5-4-07: STORAGE OF NON-AERIAL COMMON FIREWORKS: The following provisions shall apply to each and every operation. The storage of non- aerial common fireworks in violation of this section or in any manner or by any means not in accordance with the provisions of this section shall be unlawful. A. No person, without having a valid Non-aerial Common Fireworks Permit issued pursuant to this chapter, shall store for the purpose of sale or cause to be stored for the purpose of sale non-aerial common fireworks in any manner or for any use or purpose. ~.~ B. Only one (1) short-term storage container in addition to the temporary fireworks stand shall be allowed per site. C. Short-term storage containers used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after noon on July 12. Short-term storage containers used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after noon on January 8. D. The storage of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code. E. Short-term storage containers shall not be placed or erected within the public right-of- way, unless otherwise authorized by the appropriate transportation authority. If a private sidewalk or pedestrian way is occupied by a short-term storage container, a minimum width of four feet (4') shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. If such private sidewalk or pedestrian way is narrower than four feet (4') wide, at least one-half of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrian way. ~ F. No person shall construct, or cause to be constructed, any permanent structure for the storage of non-aerial common fireworks. G. Stored fireworks shall be secured in a manner that denies any and all access to such fireworks by persons other than the operator. MERIDIAN FIREWORKS ORDINANCE Page 12 of22 H. No operator shall cause or allow any exit from a short-term storage container to be obstructed, unopenable, inaccessible, or malfunctioning. I. As to each and every short-term storage container, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short-term storage containers. 1. Any and all short-term storage containers shall comply with all applicable provisions of Meridian City Code, including, but not limited to, the Unified Development Code, the Building Code, the Fire Code, and the Electrical Code. The operator shall obtain any and all required permits. 2. Non-aerial common fireworks may be stored in a short-term storage container no longer than sixty (60) days prior to, and fifteen (15) days after, the dates during which the sale of non-aerial common fireworks is allowed under a Non-aerial Common Fireworks Permit. The storage of fireworks by any person at any other time or for a longer duration shall be unlawful. 3. Prior to erecting, placing, and/or utilizing any short-term storage container, and throughout the applicable sales period, the ground underlying such short-term storage container and all ground within a thirty-foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. 4. No short-term storage container shall have a floor area in excess of three hundred and twenty (320) square feet. :it: 5. Any and all short-term storage containers shall be located at least twenty-five feet (25') from any other building or structure, including, but not limited to, any temporary fireworks stand. 6. Any and all short-term storage containers shall be located at least twenty-five feet (25') from any generator or other internal combustion power sources and/or their fuels. 7. Any and all short-term storage containers shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation. 8. Any and all short-term storage containers shall contain a minimum of one (1) pressurized water fire extinguisher with a minimum rating of 2A, which fire extinguisher shall be located in an accessible and visible location within forty- eight inches (48") of the access door. If such container has more than one access door, a fire extinguisher shall be located in an accessible and visible location within forty-eight inches (48") of each and every access door. MERIDIAN FIREWORKS ORDINANCE Page 13 of 22 9. No person shall sleep at any time in any short-term storage container. 10. Vehicles shall not be parked within twenty-five feet (25') of the exterior of any short-term storage container. 11. No person shall smoke within any short-term storage container, nor within fifty feet (50') of any short-term storage container. 12. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 50 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times. 13. At least one (1) sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 300 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times. 14. No operator shall permit a fire nuisance or hazard to exist in or around any short- term storage container. 15. No operator shall permit the accumulation of rubbish or trash in or around any short-term storage container. 16. Waste receptacles or garbage cans are prohibited in any and all short-term storage containers, unless such receptacle is non-combustible and has a securely-fitting lid. J. Where a temporary fireworks stand is used as a short-term storage facility, such temporary fireworks stand: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this Chapt'er. 2. Where such temporary fireworks stand is constructed with hard sides, shall be secured with a lock and key at all access points. 3. Where such temporary fireworks stand is constructed with canvas or other soft material sides, shall be effectively secured by a person who shall remain awake, alert, and on site at all times and who shall prevent any and all access to fireworks or other merchandise stored therein. A dog or other animal is not a substitute for a person for purposes of this section. MERIDIAN FIREWORKS ORDINANCE Page 14 of22 . K. Where a truck trailer or a vehicle is used as a short-term storage container, such truck trailer or vehicle: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this Chapter. 2. Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading. 3. Be marked in accordance with United States Department of Transportation requirements. L. Where a permanent building or structure is used as a short-term storage container, such structure: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this Chapter; 2. Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading; 3. Shall contain no open flames; 4. Shall have no heating source; 5. Shall have no lighting source, except that hand-held, battery-operated flashlights may be used therein; and .6. Shall be separated by a minimum of twenty-five feet (25') from any other structure that: a. is used as a residence or business; b. is used for human habitation; '. c. contains open flames; d. contains a heating source; and/or e. contains a lighting source. Section 5-4-08: GENERAL PROHIBITIONS: A. It shall be unlawful for any person to: MERIDIAN FIREWORKS ORDINANCE Page 15 of22 1. Alter any fireworks, except where such alteration complies with: a. A Public Fireworks Display Permit validly issued pursuant to this chapter; and b. All provisions of this chapter. 2. Throw or discharge any fireworks from, into or at a vehicle or structure. 3. Throw or discharge any fireworks at any person. 4. Sell, store, possess, discharge, or use fireworks in violation of this chapter. 5. Use fireworks in any area where there exists a severe fire threat based on vegetative or other conditions as determined by the Fire Chief or his/her designee, provided that notice of such areas is given in advance. 6. Discharge fireworks within three hundred feet (300') of any temporary fireworks stand or short-term storage container. 7. Smoke within fifty feet (50') of any temporary fireworks stand or short-term storage container. 8. Ignite a flame within fifty feet (50') of any temporary fireworks stand or short- term storage container. 9. Park a motor vehicle within twenty-five feet (25') of any temporary fireworks stand or short-term storage container. 10. Obstruct or cause to be obstructed, inoperative, inaccessible, or malfunctioning any exit from a temporary fireworks stand or short-term storage container. B. It shall be unlawful for any person under the age of sixteen (16) years to purchase, possess, or discharge fireworks, except in the presence of a parent or legal guardian. Section 5-4-09: LIABILITY OF PARENTS OR GUARDIANS: The parent, guardian or other person having custody or control of a minor shall be liable for damage caused by the discharge or use of fireworks by the minor. Section 5-4-10: PERMIT FOR PUBLIC FIREWORKS DISPLAY: A. No person, without having a valid Public Fireworks Display Permit issued pursuant to this chapter, shall possess or store for the purpose of public fireworks display, or cause to possessed or stored for the purpose of public fireworks display, dangerous fireworks in any manner or for any use or purpose. MERIDIAN FIREWORKS ORDINANCE Page 16 of22 1J B. Application for a Public Fireworks Display Permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information: 1. Applicant's name, age, and social security number; 2. If the public fireworks display for which the permit is sought is to be performed by a partnership, corporation, or limited liability company, the names and addresses of, as applicable: a. All partners; b. All corporation and corporate officers; or c. The company and its members. 3. Physical and mailing addresses of applicant's home and principal place of business; 4. Name and address of applicant's registered agent for service of process; 5. Physical address and description of each and every location at which fireworks are to be stored; . 6. Dates during which non-aerial common fireworks are to be stored; 7. Physical address and description of location at which public fireworks display is to occur; 8. Date(s) on which public fireworks display is to occur; 9. A site plan for the storage of fireworks to be used in the public fireworks display for which the permit is sought, which plan shall include, but shall not be limited to, a description of: a. Location, type, and dimensions of short-term storage containers to be used; b. The distance from other structures of any short-term storage container. 10. A site plan for the proposed site of the public fireworks display for which the permit is sought, which plan shall comply with the standards set forth in National Fire Protection Association standards ("NFP A") 1123 or NFP A 1126. 11. Description of prior pyrotechnical experience. MERIDIAN FIREWORKS ORDINANCE Page 17 of22 C. The City Clerk shall direct the necessary investigations into the application in order to determine: 1. Whether the proposed activities and/or uses are in compliance with this chapter and/or all other applicable provisions of Meridian City Code; 2. Whether the proposed activities and/or uses will be supervised by a qualified person; 3. Whether the proposed activities and/or uses will constitute an unreasonable hazard to persons or property; and 4. Whether the proposed activities and/or uses on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. The City Clerk shall notify the Fire Department and the Police Department, which departments shall, with the City Clerk, cause an investigation to be made of each application and applicant, and shall recommend to the City Clerk whether he or she should grant or deny the Public Fireworks Display Permit. D. Applications for Public Fireworks Display Permits shall be filed with the City Clerk at least forty-five (45) days preceding the date on which the proposed public fireworks display is to occur. E. So long as the application is filed at least forty-five (45) days preceding the date on which the proposed public fireworks display is to occur, the City Clerk shall notify the applicant if deficiencies in the application exist and the applicant shall have five (5) business days from the date of the notice to correct any deficiencies. Notwithstanding any such extension or extensions, any application pending required action by applicant within thirty (30) days ofthe proposed public fireworks display shall be denied. F. A separate application shall be filed for each and every public fireworks display. G. The City Clerk shall deny an application for a Public Fireworks Display Permit where: 1. The applicant is under the age of twenty-one (21) years. 2. The applicant, or applicant's agent, employee, partner, or officer, has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of Title 39, Chapter 26, Idaho Code. MERIDIAN FIREWORKS ORDINANCE Page 18 of22 3. The City has revoked from applicant, or applicant's agent, employee, partner, or officer a Non-aerial Common Fireworks Permit or Public Fireworks Display Permit issued pursuant to this chapter, in the preceding one (1) year. 4. The Fire Department or Police Department report that: a. The proposed operations, activities, and/or uses are not in compliance with this chapter and/or any other applicable provisions of Meridian City Code; b. Use of such permit by applicant or applicant's agent, employee, partner, or officer will constitute an unreasonable hazard to persons or property; or c. Use of such permit on the date(s) and at the time(s) proposed will constitute an unreasonable hazard to persons or property. Any denial of an application for a Public Fireworks Display Permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing the City Clerk shall present findings and information as to the basis of the denial. The City Council shall have the authority to affirm the denial or order the City Clerk to grant the permit. The action of the City Council shall be final. H. Each Public Fireworks Display Permit application shall be accompanied by an application fee of one hundred twenty-five dollars ($125.00) for each operation for which a permit is sought. I. Each Public Fireworks Display Permit application shall be accompanied by a Certificate of Insurance for public liability and property-casualty insurance providing coverage of up to one million dollars ($1,000,000) for personal injury and property damage. 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. J. A Public Fireworks Display Permit issued pursuant to this chapter shall be valid only for the period designated and for the specific location designated in the permit, and shall be nontransferable. K. The City Clerk, the Fire Chief, or a designee of either, may revoke a Public Fireworks Permit Display issued pursuant to this chapter where: A MERIDIAN FIREWORKS ORDINANCE Page 19 of22 i" 1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit. 2. The operator violates conditions and/or limitations set forth in the permit. '. 3. The application for the permit contains any material false statements or misrepresentations. 4. The permit is used by a different operator or operation than to whom it was issued. 5. The permit was issued in error or in violation of any ordinance or law. 6. The permittee fails to comply with any order or notice duly served in accordance with the provisions ofthis chapter or other applicable law. . 7. The permittee fails to comply with any provision of this chapter. Any revocation of a Public Fireworks Display Permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permitee or mailing by U.S. Post to the permitee's mailing address as set forth in the application. The permitee may request a hearing on such revocation before the City Council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the City Council. At such hearing, the City Clerk, the Fire Chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The City Council shall have the authority to affirm the revocation or order the City Clerk to reinstate the permit. The action of the City Council shall be final. Section 5-4-11: PUBLIC FIREWORKS DISPLAY: A. No person, without having a valid Public Fireworks Display Permit issued pursuant to this chapter, shall possess or store for the purpose of public fireworks display, or cause to possessed or stored for the purpose of public fireworks display, dangerous fireworks in any manner or for any use or purpose. B. All Public Fireworks Display Permittees, and/or his or her agents, contractors, and/or employees, shall, in all facets of a public fireworks display undertaken pursuant to a validly issued Public Fireworks Display Permit, including, but not limited to, set-up, staging, and performance, strictly comply with any and all provisions of the current edition of each and all of the following National Fire Protection Association standards: 1. NFP A 1123, Fireworks Display; and MERIDIAN FIREWORKS ORDINANCE Page 20 of 22 2. NFP A 1126, Standard for the Use of Pyrotechnics before a Proximate Audience. C. Storage of dangerous fireworks to be used in a public fireworks display authorized by a valid Public Fireworks Display Permit issued pursuant to this chapter shall be stored in accordance with any and all applicable provisions ofthis chapter governing short- term storage containers and all applicable provisions of the International Fire Code, except that no person shall store dangerous fireworks: 1. In a temporary fireworks stand; 2. In any soft-sided structure, including, but not limited to, a tent; 3. In any place or in any manner allowing access to such dangerous fireworks by anyone other than the permittee; and/or 4. In any place or in any manner which endangers the health, safety, and/or welfare of persons and/or property. Section 5-4-12: VIOLATION AND PENALTY: A. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this chapter. Any violation thereof shall constitute a misdemeanor, which may be punishable by a fine and/or imprisonment. B. All fireworks possessed, discharged, or used in violation of this chapter may be confiscated and destroyed by the Meridian Police Department or the Meridian Fire Department. SECTION 3: That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. SECTION 4: That this Ordinance shall be in full force and effect after its passage, approval and publication according to law. PASSED by the City Council of the City of Meridian, Idaho, this day ofm 2007. APpROVED by the Mayor of the City of Meridian, Idaho, this ~ day <~+ ~:::::: o~y ....__.. ; ,,) ~007. MERIDIAN FIREWORKS ORDINANCE Page 21 of22 APPROVED: MERIDIAN FIREWORKS ORDINANCE Page 22 of 22 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 07- /9O / REPEALING CHAPTER 4, TITLE 5, AND PROVIDING FOR A NEW CHAPTER 4, TITLE 5 TO BE KNOWN AS THE MERIDIAN FIREWORKS ORDINANCE TO THE MERIDIAN CITY CODE An Ordinance of the City of Meridian repealing Chapter 4, Title 5 of the Meridian Code, relating to Fireworks, providing for a new Chapter 4, Title 5 to be known as "The Meridian Fireworks Ordinance". of the Meridian City Code. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This Ordinance shall become effective upon passage and publication. Mayor and City Counci of the City of Meridian By: William G. Berg, Jr., City Clerk First Reading: 3 -l3- D 7 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NOeK Second Reading: 3 - ZO- 07 Third Reading: 9- 2 7—O 7 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF `- SUMMARY OF ORDINANCE NO. 07- /,3m / The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- l30/ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ;--9tt' day of aZr&o , 2007. ` William. L.M ary, City Attorney SUMMARY FOR MERIDIAN FIREWORKS ORDINANCE PAGE I OF 1