07-1301 City Code Fireworks Ordinance
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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of the City of Meridian be repealed.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
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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.
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MERIDIAN FIREWORKS ORDINANCE
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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
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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.
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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
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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
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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
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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.
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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:
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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
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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
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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).
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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.
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
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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
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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
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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
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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
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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
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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
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APPROVED:
MERIDIAN FIREWORKS ORDINANCE
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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