161 Regulating Sale of Fireworks
8
ORDINANCE NO. 161
AN ORDINANCE OF THE CITY OF MERIDIAN REGULATING THE SALE OF FIREWORKS IN 'rHE CITY
OF MERIDIAN, AND REPEALING SECTIONS 6-301 - 6-303, MERIDIAN CITY CODE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF MERIDIAN, IDAHO:.
Section 1. Sections 6-301 - 6-303, Municipal Code, are hereby repealed.
Section 6-301. ]'ireworks. "Fireworksll shall include blank cartridges, . toy
pistols, toy cannons, toy canes or toy guns in which explosives are used, fire
balloons, balloons of a type which have burning material of any kind attached there-
to or which require fire underneath to propel them, firecrackers, torpedoes, sky-
rockets, rockets, Roman candles, fountains, wheels, Dago bombs, sparklers, and other
fireworks of like construction and any fireworks containing any combustible or ex-
plosive substance for the purpose of producing a visible or audible effect by com-
bustion, deflagration, explosion or detonation. I
. Exempted from this part are all toy pistols, toy cannons, toy canes and toy
guns and similar devices such as party poppers or party favors in which paper caps
containing not more than twenty-five hundredths (.25) grains of explosive compound
per cap are used and such caps whether single, roll, or tape type.
Section 6-302. Dangerous Fireworks. flDangerous fireworks" includes any of the
following: . .
(A) Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes,
cherry bombs, mines, ground bombardment, grass-hoppers and other explosive
ar~icles of similar nature;
(B) Blank cartridges;
(C) Skyrockets and rockets, including all similar devices employing any combust-
ible or explosive material and which rise in the air during discharge;
(D) Roman candles, including all devices which discharge ball of fire into the
air;
(E) Chasers and whistles, including all devices which dart or travel about the
surface of the ground during discharge;
(F) Snakes and hats containing bichloride of mercury;
(G) Sparklers more than ten (10) inches in length or one-quarter (~) inch in
diameter or made with other than iron wires; .
(H) All articles for pyrotechnic display such as aerial shells, salutes, flash
shells, sky battles, parachute shells, mines, Dago Bombs and similar devices;
(I) All torpedoes which explode by means of friction, or which contain arsenic,
and all other similar fireworks devices including cracker balls;
(J) Fire balloons or balloons of any type which have burning material of any
kind attached thereto.
Section 6-303_ Safe and Sane Fireworks.!. "Safe and sane fireworks" includes any
of the following:
(A) Cone fountains with pyrotechinic composition not exceeding fifty (50) grams
each;
(B) Cylindrical fountains, whether base, spike or handle, with pyrotechnic com-
position not exceeding seventy-five (75) grams each and inside tube diameter
not exceeding three-quarter (~) inch;
. (C) Sparklers and "dipped sticks" not more than ten (10) inches in length or one-
quarter (}4) inch in diameter made on steel or iron wire. and Suzuki and morn-
ing Glories with pyrotechnic composition not exceeding four (4) grams each;
(D) Snakes which do~notcontain bichloride of mercury and pyrotechnic composi-
tion not exceeding two (2) grams each;
(E) Wheels with pyrotechnic composition not exceeding sixty (60) grains for each
driver unit or two hundred forty (240) grains: for each comPlete(11\).Nheel. The .1
inside tube diameter of driver unit shall not exceed one-half }2 inch;
(F) Whistles, without report and which do not dart or travel about the ground
during discharge with pyrotechnic composition not exceeding six (6) grams
and containing no picric or gallic acid.
Section 6-304. It shall be unlawful for any person in the City of Meridian to
import, export, offer for sale, sell, possess, keep, or store or permit the keeping
or storing of any "dangerous fireworks" for any use or purpose, except that a._person
holding a "Dangerous Fireworks Permit" issued pursuant to the terms and coriditi.bns__of
this ordinance may use "dangerous fireworks" for a safely supervised and-c9nduGted
public display of fireworks. Said fireworks may be stored for a period_-n6texcee~d=!-ng:=:-~
ten (10) days immediately preceding the date of said public display, p.rovidea-<t!:le-:,.-<:;"::::
fireworks are to be used exclusively for public display. .. ~
Section 6-305. No person, firm or association, without having a valiq:~)'~afe ::::::.
and Sane Firewo~rksPermi t" issued pursuant to terms and conditions set. -forth in' this_: ,~
ordinance shall import, export possess for the purpose. of sale, offer for Saj,.g., ~:r--:' --- :~
sell "safe and sane fire\,!orks" for any use or IJurpose. _ _ ~ - ~ ~-- > ~ ~ -
,Section 6-306. .u...ny re:putl3_ble llcrson, association, firm or corporatiOllin:.-~-
reasonable pursuit or futherance of any legitimate personal, business or charitable
purpose, desiring to engage in the sale of "safe and sane fireworks" within the City
shall first make written application to the City Clerk for a "Safe and Sane Fireworks
~ermit". Each applicant shall pay to the City Clerk a fee of ~ Dollars ($10.00)
I
I
9
G_t the time he files his RpJ)lication. .:~ t the time: cmd
and wit:10lach ,cpf:ication, each applicant shall pay an
of preliminary investigations required hereunder.
Section 6-307. Any reputable person, association, firm, or corporation in rea-
sonable pursuit or furtherance of any legitimate personal, business, or charitable
purpose desiring to make a public display of "dangerous fireworks" shall first make
written application to the City Clerk for a "Dangerous Fireworks Permit". Each
applicant shall pay to the City Clerk a fee of ten dollars ($10.00) at the time he
files his application. The applicant shall al~imburse the city for all reasonable
expenses incurred in investigating to determine whether the permit should be granted.
Section 6-308. Each applicant for a "Safe and Sane Fireworks Permit" ora
"Dangerous Fireworks Permit" shall file his application with the City Clerk. Each
application shall show the following:-
(A) Name and address of applicant.
(B) The purpose for which the applicant is primarily existing and which it was
organized.
(C) The names and addresses of the officers, trustees, and/or directors, if any,
of the applicant.
(D) The location where the applicant
fireworks" or display "dangerous
(E) When and where the applicant was
person, the applica~t's age.
(F) The location of the applicnat's principal and permanent meeting place or
places, or principal place or places of business.
(G) The applicnat's State Sales Tax Permit number.
(H) If the applicant is an entity other than a sole proprietorship, the name
and general description of the business activities of each parent or sub-
sidiary company, business or entity, and a general description of the own-
ership organization of each parent or subsidiary, if any.
(r) Such other information as the City Clerk may require and which is reasonably
necessary to protect the public health, safety and morals.
Section 6-309. The City Clerk shall notify the Police Departrnent and the Fire
Chief which offices shall cause an investigation to be made of each application and
applicant and shall submit a written report of its findings and recommendations for
or against the issuance of the permit, togetller with the reasons therefore, to the
City Council, which report shall not be a public information except on request of the
applicant or by order of the Mayor or City'Council.
Section 6-3l0~. The City Council shall have the power in its discretion to grant
or deny any application, subject to such reasonable conditions, if any, as it shall
prescribe so long as the denial of the application or any conditions imposed on the
granting of the application are reasonably necessary for protection of the public
health, safety and morals. -
Section 6-311. A "Safe and Sane Fireworks Permit", or a "Dangerous Fireworks
Permit" issued pursuant to this ordinance shall be valid only within the calendar year
in which issued. A permit shall be valid only for the specific premises or location
designated in the permit. However, subject to reasonable conditions necessary for
protection of the public health, safety and morals, an applicant may be granted per-
mits' for more than one premises or location within the City. No permit shall be
transferable or assignable.-
Section 6-312. Each application for a permit to sell "safe and sane fireworks"
at retail shall be filed with the City Clerk on or before April 1 of the calendar
year for .whichfue permit is sought; except that for the calendar year of 1967, appli-
cations for a perm~_t may be filed on or before June 15th, 1967.
Section 6-313. Each applicant for a "Safe and Sane .E'ireworks Permit" or for a
"Dangerous Fireworks Permit", shall.have filed with the City Clerk prior to the
issuance and validity of any permit, a policy, or certified true copy thereof, of
public liability and products liability insurance, including both "accident" and
"occurrence" coverage. The insurance coverage limits for both public liability
coverage and for products liability coverage shall be at least $100,000 per person
per occurrence bodily injury, $300,000 per occurrence aggregate bodily, and $100,000
per occurrence aggregate property damage. Each policy of insurance shall be in
form amd substance acceptable to the City, and shall name as insured-parties under
the terms of the policy the City of Meridian, all officials, elected and appointed,
of the City of Meridian in performance of official functions regarding all operations
under or pertaining to said permitk any licensee or licensor of the applicant, and all
vendors of fireworks covered by the permit to be issued to the applicant. Said policy
of insurance shall be so written that it cannot be cancelled without at least ten (10)
days prior written notice to the City of Meridian from the underwrittinginsurance
company. The policy of insurance shall be underwritten through or by a qua~i~.ied~ '
and duly licensed insurance company or companies doing or authorized to do insurance~--::.
business in Idaho, and a copy of said policy shall be filed with the City Cl"€frk prior/":,
to the issuance of the permit. '., -:::
Section 6-314. No "safe and sane fireworks" shall be mId or offered for sale "
except fro@ 12:00.0 I clock noon on the 15th day of June to midnight on the 5th day of ,-, ::
July of each year, provided however, that religious or charitable organizations_may -
apply for special permit for display or use of "safe and sane fireworks" for cele-,, ...
bration within a designated area and at other designated times.
Section 6-315. Temporary fireworks stands from which "safe and sane fireworks"
are to be sold shall be subject to the following provisions:
:~d~t~:::i-::i:: ~~ ~~~~a1:~8~\~~c
requests permission to sell "safe and sane
fireworks".
organized and established, or, if a natural
o
ID.. 1\:11 retail sales of "safe and sane fireworks" shall be permitted only from
within a temporary fireworks stand, and the sale from any other building or structure is
hereby prohibited.
2. The stand in which the fireworks will be stored or sold shall not be locate d
within twenty-five (25) feet of'any other building nor within one hundred (100) feet of
any gasoline station or flamnlable liquid dispensing device or installation.
3. All such stands shall meet the requirements of the Building Code of the City
of Meridian and all lighting circuits and other electrical equipment shall meet the re-
quirements of the Electrical Ordinance of the City of Meridian.
4. The stand shall have exit doors at least thirt" (30) inches wide at both ends
of the structure and one additional door for each 25 feet of rear wall in excess of
twenty-five (25) feet. All doors shall open outward from the stand "and all doorways
shall be kept free and clear from all supplies and materials at all times.
5. Each stand shall be provided with a minimum of two (2) ~h gallon water type
fire extinguishers, in good working order and easily accessible for use in case of fire
which shall be kept in immediate proxsimity to the location where the fireworks are
retailed.
6. There shall be at-least one "supervisor, twenty-one (21) years of age or older,
on duty at all times. All fireworks shall be effectively k.ept away from any kind of
self service by the publict and shall be placed in a location which is unavailable
and inaccessible to members of the public in capacities other t:b.an as legal customers.
No person under eighteen (18) years of age shall work. at or about any stand where "safe
and sane" fireworks are sold or offered for sale~
7. No person employed as a watchman shall be permitted to remain inside of any
stand when it is not open for business.
8. "NO SMOKING" signs shall be prominently displayed both inside and outside the
stand. No smoking shall be permitted within the stand or within twenty-five (25)
feet of the stand.
9. No temporary stand shall be erected before June 10 of any year~ The premises
on which the stand is erected shall be cleared of all structures and debris not later
than noon of the 6th day of July.
10. No fireworks shall be discharged in or within twenty-five (25) feet of any
fireworks stand.
11. No person shall allow any rubbish to accumulate in or around any fireworks
stand or permit a fire nuisance to exist.
12. No fireworks shall remain unattended at any time regardless of whether the
fireworks stand is open for business or not. If any fireworks are stored, they shall
only be stored at such places as are approved for storage of fireworks by the G2ity Fire
Chief or his representative.
13. No stand shall have a floor area in excess of Seven hundred fifty (750)
square feet.
14. No stand shall be erected at a location where retail sales are not allowed
under the Zoning Ordinance of the City of Meridian.
Section 6-316. Each permittee shall be required to retain at the licensed pre-
mises while said premises are open, and at his principal place of business for a year
thereafter, copies of all invoices, receipts and orders evidencing the 'source from which
he acquired the fireworks which he handled.
Section 6-317. The applicant ahallpost with the-City Clerk a cash bond or cash
deposit in the amount of not less than fifty dollars ($50.00) or such other security
as may be acceptable to the ~Iayor or Council conditioned upOn the prompt removal of the
temporary fireworks stand and the cleaning up of debris from the site of the temporary
fireworks stand, which deposit or security shall be returned to the applicant o~ly in
the event he removes said temporary fireworks stand and cleans up all debris to the
satisfaction of the Meridian City Fire Chief, or such other official as the City Council
or Fire Chief may designate. In the event of the applicants failure to so remove the
stand and debris, said cash bond or cash deposit shall be "forfeited .to the City of
Meridian~ In no event shall the applicant be entitled to the return of said cash bond
or cash deposit if he has failed to remove said temporary fireworks stand and clean
up all debris by noon of the 12th day of July of the year in^which the permit is
granted, and failure to do so shall be punishable by two hundred and__f~!~($250.00)
fine and/or thirty (3G) days confinement in the City Jail.
Section 6-318. It shall be the duty of every person issued a "Fireworks Permit"
to comply with all the provisions of the Idaho State Fireworks Act and thi~ ordinance.
The "conviction or violation of the aforesaid Idaho State Fireworks Act or any of the
provisions of this ordinance by the permittee, or by any of its agents, employees, or
officers'shall constitute a cause, in and of itself, to deny a subsequent application
for a permit. ' "
Section 6-319. An emergency existing this ordinance shall be in full force and
effe~t from and after passage thereof.
PASSED by the Council of the City of Meridian this 5th day of June, 1967."
~ ~ AP~~QYED by the Mayor of the City of Meridian this 5th day of June, 1967.
1
t\'~ (>.1
/~ 1./ rA^
C,'~' ~.
APPROV1W:
r;) (0\ 'V'A
~R
ATTEST:
" ~
. \ V.,l \
~"" ..'
'..
~
. - '~
~
~~
I
I