12-1505 City Code Fireworks Code UpdatesCITY OF MERIDIAN ORDINANCE NO. ~~ ' ~ S 0
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-4-5, REGARDING
PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS; AMENDING
MERIDIAN CITY CODE SECTIONS 5-4-6(0) AND 5-4-6(P), REGARDING SIGNS AND
STANDARDS RELATED TO FIREWORKS OPERATIONS; AMENDING MERIDIAN
CITY CODE SECTIONS 5-4-7(I)(11-13), REGARDING SIGNAGE FOR SHORT TERM
STORAGE CONTAINERS; AMENDING MERIDIAN CITY CODE SECTIONS 5-4-8(A)(6-
8), REGARDING PROHIBITIONS ON DISCHARGING FIREWORKS, SMOKING, OR
IGNITING FLAMES NEAR SHORT TERM STORAGE CONTAINERS; AMENDING
MERIDIAN CITY CODE SECTION 5-4-10(B), REGARDING APPLICATION FOR A
PUBLIC FIREWORKS DISPLAY PERMIT; AMENDING MERIDIAN -CITY CODE
SECTIONS 5-4-10(G-K), REGARDING APPLICATION FOR PUBLIC FIREWORKS
DISPLAY PERMIT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
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 establish 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, City staff have identified measures to simplify and clarify the application and
inspection process for fireworks permitting in order to save administrative time and costs for both
applicants and the City;
WHEREAS, the City Council of the City of Meridian finds appropriate circumstances
j ustifying the reasonable variance herein from strict compliance with Idaho Code § 3 9-2607;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That Meridian City Code section 5-4-5 shall be amended as follows:
A. No person, without having a valid nonaerial 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 nonaerial common
fireworks in any manner or for any use or purpose.
B. Application for a nonaerial 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:
1. Applicant's name, nR°, n~,~ rnnin~ r°n„ri•~i ,~„m~.°r and date of birth;
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FIREWORKS CODE UPDATE PAGE l OF 10
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~2. Physical and mailing addresses of applicant's home and grin^~r^1N1^°^-^o€business;
4.3. Name and address of applicant's registered agent for service of process;
~4. Idaho sales tax °°11°~at identification number, if applicable;
5. Applicant's driver's license number and issuine state.
6. Physical address and description of each and every location at which fireworks are to be
stored;
7. Dates during which nonaerial common fireworks are to be stored;
8. Physical address and description of any and all locations at which nonaerial common
fireworks are to be sold and/or offered for sale;
9. Dates during which nonaerial 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 comer;
d. Waste receptacles or garbage cans:;
e. Location and type of electrical sourceL); and
f. Location and dimensions of suns.
11.9r1e-aApplication fee as set forth in the fee schedule of the city clerk's office for each and
every operation for which a permit is sought.
12. Fire department and Electrical inspection fees for each and ever~peration for which a
permit is sought.
13. Other inspection and permitting fees as map lip cable.
14. A certificate of insurance providin coverage of up to one hundred thousand dollars
($100,000.00 for personal injury and property damage, underwritten through or by a qualified
and duly licensed insurance company or companies doing or authorized to do insurance business
in Idaho.
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and
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C. The city clerk or desi~lree shall direct the Plannine. Buildine. and Police Deroartment to review
the application, and shall request that the Fire Chief or designee and the electrical inspector conduct
a site inspection at each operation, in order to determine:
1. Whether the proposed operations, activities, and/or uses are in compliance with this chapter
and any other applicable laws; and
2. Whether use of such roermit by anrolicant will likely endaneer the health. safety. and/or
welfare of persons or propert
FIREWORKS CODE UPDATE PAGE 2 OF 10
D. tlppkeatiexs Complete aynlications for nonaerial common fireworks permits authorizing the
permittee to sell nonaerial common fireworks during the summer sales period or during the
winter sales period shall be filed with the city clerk on or before flpril-d3 June 1, or the next
business day if such date falls on a nonbusiness day.
lE. A separate application shall be filed for each and every operation and location at which
nonaerial common fireworks are to be sold and/or offered for sale.
~F. An operator intending to sell fireworks during the winter sales period pursuant to a nonaerial
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.
I~G. The city clerk shall deny an application for a nonaerial common fireworks permit:
1, Where the applicant, °° °~~'~°°~"° °~°~*, °~~'°°°°, r°~°-, °- °'''~°'°, 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.
2. Where the applicant, °° °~~'~°°~*'° °'-°°*, °~~'°- °°, r°~'--°-, °- °~°°r, has been convicted in
the preceding one year of a violation of the unified development code of the city of Meridian.
3. Where the city has revoked from applicant, ° r~'~°°~*'° ° °~*, ° r'°°°°, ~°-'-~°~, ° °'~°°~
a nonaerial common fireworks permit issued pursuant to this chapter, in the preceding one 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 incompliance 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 nonaerial 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 permittee or mailing by U.S. post to the applicant's
mailing address as set forth in the application. The applicant may request a heaz~ing 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.
FIREWO2KS CODE UPDATE PAGE 3 OF ] 0
~H. A nonaerial 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.
ICI. The city clerk, the fire chief, or a designee of either, may revoke a nonaerial common
fireworks permit issued pursuant to this chapter where:
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 perrnittee fails to comply with any provision of this code, including, but not limited to,
this chapter.
Any revocation of a nonaerial 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 permittee or mailing by U.S. post to the permittee's mailing address as
set forth in the application. The permittee 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 2. That Meridian City Code sections 5-4-6(O) and 5-4-6(P) shall be amended as
follows:
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O. The followingprovisions shall apply to any and all temporary signs related to any fireworks
operation:
1. No more than two (2 temporary suns shall be installed, erected, posted, or displayed for the
purpose of identifying, promoting, advertising, or directing patrons to such operation. It
shall be unlawful for an~person to install, erect, post, or display or to allow or cause the
installation, erection, posting or display of more than two (2 temporary signs per operation
identifying, promoting, advertising, or directing patrons to such operation.
2. The area of any temporary sign installed, erected, posted, or displayed for the pumose of
identifying, promoting, advertising, or directing_patrons to an operation shall not exceed
thirty-two (32) square feet. It shall be unlawful for any person to install, erect, op st, 01.
display or to allow or cause the installation, erection, posting, or display of a temporary sign
identifying, promoting, advertising, or directingpatrons to an operation where the area of
such temporary sign exceeds thirt~(32) square feet.
3. It shall be unlawful for any~erson to install, erect, post, or display or to allow or cause the
installation, erection, posting or display of any temporary sign identifying, promoting,
FIltEWORKS CODE UPDATE PAGE 4 OF 10
advertising, or directing patrons to an operation a op n anyproperty other than that property
upon which the operation is located.
4. Any and all temporarLsrgns identifying, promoting, advertising, or directing patrons to an
operation shall be removed within twenty four (24) hours of the conclusion of such
operation.
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:
Any and all temporary fireworks stands shall comply with all applicable provisions of this
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 ~..:., r,...~=drz~o00) seven
hundred (700) square feet.
4. Any and all temporary fireworks stands shall have exit doors at least thinly inches (30") wide
at both ends of the temporary fireworks stand and one additional door for each thirty two
feet (32') of rear wall in excess of thirty two feet (32'). All doors shall open outward from
the 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.
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 type 2A1 OBC rated
fire extinguisher, and one 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 incase 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
FIREWORKS CODE UPDATE PAGE 5 OF 10
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, subsection 5-4-7(J) of this chapter.
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 ~F'-ra~y-~e`~~
twenty five feet (25') of any temporary fireworks stand.
13. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN 3&25 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 sign reading, "FIREWORKS - NO SMOKING WITHIN 39-25 FEET" in letters
at least two inches (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 sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 30&100
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 temporary fireworks stands. Such
signs shall be maintained in a legible condition at all times.
16. Waste receptacles or garbage cans in any temporary fireworks stand shall be
noncombustible and shall have a securely fitting lid.
17. All permits are required to be posted in the stand at all times.
Section 3. That Meridian City Code sections 5-4-7(I)(11-13) shall be amended as follows:
I. As to each and every short term storage container, operators shall comply with, and, as applicable,
shall ensare their patrons' and the public's compliance with, each and all of the following
provisions regarding short term storage containers:
*++
11. No person shall smoke within any short term storage container, nor within ~#
twenty five feet (25') of any short term storage container.
12. At least one sign reading, "FIREWORKS - NO SMOKING WITHIN39-25 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 sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 390-100
FEET" in letters at least four inches (4") high on a contrasting background shall be posted
FIREWORKS CODE UPDATE PAGE 6 OF 10
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.
~~*
Section 4. That Meridian City Code sections 5-4-8(A)(6-8) shall be amended as follows:
A. It shall be unlawful for any person to:
*~~
***
6. Discharge fireworks within *'~~•°°''~~a~°a ~ °"'^^" one hundred feet (100'Zof any
temporary fireworks stand or short term storage container.
7. Smoke within ~"-~y-~(~~ twenty five feet (25'1 of any temporary fireworks stand or
short term storage container.
8. Ignite a flame within ~~'~` twenty five feet (25') of any temporary fireworks
stand or short term storage container.
Section 5. That Meridian City Code section 5-4-10(B) shall be amended as follows:
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 applicafion shalLinclude, but shall not necessarily be
limited to, the following information:
1. Applicant's name, °°°, °~a ° ~°' °° ~~*° ~~~-~'~°~ and date of birth;
nn ,h.,°,.,,.
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~2. Physical and mailing addresses of applicant's home and p~~~°~~' ~'~~~f business;
43. Name and address of applicant's registered agent for service of process;
~4. Physical address and description of each and every location at which fireworks are to be
stored;
~5. Dates during which nonaerial common fireworks are to be stored;
~:6. Physical address and description of location at which public fireworks display is to occur;
~7. Date(s) on which public fireworks display is to occur;
~8. 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 o£
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.
~&9. 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 (NFPA) 1123 or 1126.
X10. Description of prior pyrotechnical experience.
11. A certificate of insurance providin cg overage of up to one million dollars ($1,000,000.00)
for personal injury and proUerty damage, underwritten throu or by a qualified and duly
licensed insurance company or companies doing or authorized to do insurance business in
Idaho.
FIREWORKS CODE UPDATE PAGE 7 OF 10
12. Application fee as set forth in the fee schedule of the city clerk's office for each and every
operation for which a permit is sought.
13. Fire Department inspection fee.
Section 6. That Meridian City Code sections 5-4-10(G-K) shall be amended as follows:
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, ° ~~'~°°°"° ° °°~ ° ~1°°°° ~°~°« ° ,.Fr.°°° 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.
3. The city has revoked from applicant, ° ~rl~°°r"° ° °«4, ° rl°°°°, r°~*°°« ,. °Fr.°°« a
nonaerial common fireworks permit or public fireworks display permit issued pursuant to this
chapter, in the preceding one year.
4. The fire department or police department report that:
a. The proposed operations, activities, and/or uses are not incompliance with this chapter
and/or any other applicable provisions of this code;
b. Use of such permit by applicant ~« °....':,.....4... ° °.,*, ° ..'°.,°°, ..°..,.,°«, ° ..Ffl°°« 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 permittee 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.
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~H. 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.
1~I. The city clerk, the fire chief, or a designee of either, may revoke a public fireworks display
permit issued pursuant to this chapter where:
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.
FII2EWORKS CODE UPDATE PAGE 8 OF 10
3. The a lication for the permit contains any material false statements or misrepresentations.
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4. The ermit is used by a different operator or operation than to whom it was issued.
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5. The permit was issued in error or in violation of any ordinance or law.
6. The ermittee fails to comply with any order or notice duly served in accordance with the
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provisions of this chapter or other applicable law.
7. The permittee fails to comply with any provision of this chapter.
An revocation of a ublic fireworks dis la ermit shall be made in writing and shall describe the
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reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon
personal service to the permittee or mailing by U. S. post to the permittee's mailing address as set
forth in the application. The permittee 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 7. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 8. That this Ordinance shall be in full force and effect immediately upon its passage
and publication.
' ian Idaho this ~ da o
PASSED by the City Council of the City of Merid y
2012.
' ' ' ' ~~ a of A~[~e~h 2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this d y ,
APPROVED:
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FIREWORKS CODE UPDATE PAGE 9 OF 10