HomeMy WebLinkAboutORD 10983
BILL No. 8 (AS AMENDED)
ORDINANCE NO. 1098
BY COUNCILMAN CARPENTER
AN ORDINANCE ADDING CHAPTER 10 TO TITLE IX OF THE CITY CODE OF THE
CITY OF CALDWELL, IDAHO, REGULATING THE SALE OF FIREWORKS IN THE
CITY OF CALDWELL, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH
Be it ordained by the Mayor and Council of the City of
Caldwell, Idaho:
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Section 1. That there is hereby added Chapter 10 to Title
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1� IX of the City Code of the City of Caldwell, to read as follows:
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11 "CHAPTER 10
12 FIREWORKS.
SECTION:
14 10 -9 -1: Definition of Fireworks
10 -9 -2: Definition of Dangerous Fireworks
15 10 - - Definition of Safe Fireworks
10 -9 -4: Permit
16 10 -9-5: Application for permit
10 -9 -6: Investigation of Applicant
17 10 -9 -7 : Discretion of Council
10 -9 -8 : Validity of Permit
18 10 -9 -9: Time of Application
10 -9 -10: Insurance
19 10 -9 -11: Time of Sale
10 -9 -12: Temporary Fireworks Stands and Business Structures
20 10 -9 -13: Penalty
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J 10 -9-1: FIREWORKS: "Fireworks" shall include blank cartridges,
toy pistols, toy cannons, toy canes or toy guns in which explosives
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are used, fire balloons (balloons of a type which have burning mat -
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erials of any kind attached thereto or which require fire under -
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neath to propel them), firecrackers, torpedoes, skyrockets, rockets,
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Roman candles, fountains, wheels, Dago bombs, sparklers, and other
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fireworks of a like construction and any fireworks containing any
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29 � combustible or explosive substance for the purpose of producing a
visible or audible effect by combustion, deflagration, explosion
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or detonation.
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Exempted from this part are all toy pistols, toy cannons,
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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) grain of explosive compound per cap are
used and such caps whether single, roll or tape type.
10 -9 -2: DANGEROUS FIREWORKS. "Dangerous fireworks" includes any
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of the following:
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(a) Firecrackers, cannon crackers, giant crackers, salute ,
silver tube salutes, cherry bombs, mines, ground bombardments, grass
hoppers and other explosive articles of similar nature;
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(b) Blank cartridges;
(c) Skyrockets and rockets, including all similar de-
vices employing any combustible or explosive material and which
rise in the air during discharge;
(d) Roman candles, including all devices which discharge
balls of fire into the air;
(e) Chasers and whistles, including all devices which
dart or travel about the surface of the ground during discharge;
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(f) Snakes and hats containing bichloride of mercury;
(g Sparklers more than ten (10) inches in length or one
quarter ( 1 /) 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;
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(i) All torpedoes which explode by means of friction, or
which contain arsenic, and all other similar fireworks devices in-
cluding cracker balls;
(J) Fire balloons or balloons of any type which have
burning material of any kind attached thereto;
10-9 -3 : SAFE FIREWORKS. "Safe Fireworks" includes any of the fol-
lowing:
(a) Cone fountains with pyrotechnic composition not ex-
ceeding fifty (50) grams each;
(b) Cylindrical fountains, whether base, spike or handle,
with pyrotechnic composition not exceeding seventy -five (75) grams
each and inside tube diameter not exceeding three- quarters (3/4)
inch;
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(c) Sparklers and "di ped sticks" not more than ten (10)
inches in length or one - quarter (U /4) inch in diameter made on
steel or iron wire and Suzuki and Morning Glories with pyrotechnic
composition not exceeding four (4) grams each;
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(d) Snakes which do not contain bichloride of mercury
and pyrotechnic composition not exceeding two (2) grams each;
(e) Wheels with pyrotechnic composition not exceeding
sixty (60) grams for each driver unit or two hundred and forty
(240) grams for each complete wheel. The inside tube diameter of
driver unit shall not exceed one -half (1/2) inch;
(f) Whistles, without report and which do not dart or
travel about the ground during discharge with pyrotechnic composi-
tion not exceeding six grams and containing no picric or gallic
acid.
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rl 10 -9 -4: PERMIT. It shall be unlawful for any person in the City
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of Caldwell to import, export, offer for sale, sell, possess, keep
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or store or permit the keeping or storing of any "dangerous fire -
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works" for any use or purpose, except that a person holding a
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"Dangerous Fireworks Permit" issued pursuant to the terms and con -
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ditions of this Code may use "Dangerous Fireworks" for a safely
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supervised and conducted public display of fireworks, and said fire -
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works may be stored for a period not exceeding four (4) days immed-
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iately preceding the date of said public display provided the fire -
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works are to be used exclusively for the public display.
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It shall be unlawful for any person, firm or association,
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without having a valid "Safe Fireworks Permit" issued pursuant to
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terms and conditions set forth in this Code to import, export,
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possess for the purpose of sale, offer for sale, or sell any "Safe"
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fireworks for any use or purpose.
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23 10 -9-5 APPLICATION FOR PERMIT. Any reputable person, association,
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II firm or corporation in reasonable pursuit or furtherance of any
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legitimate personal, business or charitable purpose, desiring to
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engage in the sale of "safe" fireworks within the city shall first
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make written application to the City Clerk for a "Safe Fireworks
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Permit," and any reputable person, association, firm or corporation
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in reasonable pursuit or futherance of any legitimate personal,
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business or charitable purpose, desiring to make a public display
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of "dangerous fireworks" shall first make written application to
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,,j the City Clerk for a "Dangerous Fireworks Permit."
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1 No fees are required for such permits. Each applicant
21 for a "Safe Fireworks Permit" or a "Dangerous Fireworks Permit"
3, shall show the following:
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4 (a) Name and address of applicant.
5 (b) The purpose for which the applicant is primarily
existing and for which it was organized.
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(c) The names and addresses of the officers, trustees,
7 and /or directors, if any, of the applicant.
(d) The location where the applicant requests permission
to sell "safe" fireworks or display "dangerous fireworks."
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(e) When and where the applicant was organized and esta-
10i blished, or, if a natural person, the applicant's age.
11 (f) The location of the applicant's principal and per-
manent meeting place or places, or principal place or places of
12 business.
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13 (g) The applicant's State Sales Tax Permit Number.
14 (h) If the applicant is an entity other than a sole pro-
prietorship, the name and a general description of the business
15 activities of each parent or subsidiary company, business or entity,
and a general description of the ownership organization of each
16 parent or subsidiary, if any.
17 (1) Such other information as the City Clerk may require
on a standard form submitted to all applicants and which is reason -
18 ably necessary to protect the public health, safety and morals.
19 10 - INVESTIGATION OF APPLICANT. The City Council shall cause
20 an investigation to be made of each application and applicant by the
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1 1 Fire Chief and he shall submit a written report of his findings
22 and recommendations for or against the issuance of the permit, to-
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gether with his reasons therefor, to the City Council.
24 ' 10 -9 -7: DISCRETION OF COUNCIL. The City Council shall have the
25 power in its discretion to grant or deny any application, subject
26 to such reasonable conditions, if any, as it shall prescribe so long
27 as the denial of the application or any conditions imposed on the
28 granting of the application are reasonably necessary for protection
29 of the public health, safety and morals.
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10 -9 -8: VALIDITY OF PERMIT. A "Safe Fireworks Permit ", or a
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"Dangerous Fireworks Permit" issued pursuant to this Code shall be
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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 permits for more than one site or location within
the city. No permit shall be transferable or assignable.
10 -9 -9: TIME OF APPLICATION. Each application for a permit to sell
"safe" fireworks at retail shall be filed with the City Clerk on
or before April 1st of the calendar year for which the permit is
sought; except that for the calendar year of 1967, applications for
a permit may be filed on or before June 1st, 1967.
10 -9 -10: INSURANCE. Each applicant for a "Safe Fireworks 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 a certified true copy thereof, of public liability and
products liability insurance, including both "accident" and "occur-
to
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17 rence" coverage. The insurance coverage limits for both public
18 liability coverage and for products liability coverage shall be at
19 least $50,000.00 per person per occurrance bodily injury, $100,000.0(
20! per occurrence aggregate bodily injury, and $10,000.00 per occurrence
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21� aggregate property damage for a "Safe Fireworks Permit. The insur-
22: ante coverage limits for both public liability coverage and for pro -
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23 ducts liability coverage shall be at least $100,000.00 per person
24111 per occurrence bodily injury, $300,000.00 per occurrence aggregate
25 bodily injury, and $100,000.00 per occurrence aggregate property
26I damage for a "Dangerous Fireworks Permit ". Each policy of insurance
27I shall be in form and substance acceptable to the Council, and shall
2 name as insured parties under the terms of the policy the City of
29 Caldwell, all officials of the City of Caldwell in performance of
W official functions regarding all operations under or pertaining to
31 said permit, any licensee or licensor of the applicant, and all
32 vendors of the fireworks covered b the
y permit to be issued to the
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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 Caldwell from the underwriting insurance
company. The policy of insurance shall be underwritten through or
511 by a qualified and duly licensed insurance company or companies
61! doing or authorized to do insurance business in Idaho.
10 -9 -11: TIME OF SALE. No "Safe" fireworks shall be sold or offer-
8 11 ed for sale except from 12:00 o'clock noon on the 15th day of June
9 to midnight on the 31st day of July of each year.
10 10 -9 -12: TEMPORARY FIREWORKS STANDS AND BUSINESS STRUCTURES. All
11 retail sales of "safe" fireworks shall be permitted only from with-
121 in a temporary fireworks stand, and approved business structures.
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1J! 1. Temporary stands shall be subject to the following
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14 provisions:
15i (a) No fireworks stand shall be located within 25 feet
of any building nor within 100 feet of any gasoline station.
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17I (b) All stands shall meet the structural stability re-
quirements of the Building Ordinance of the City of Caldwell and
all lighting circuits and other electrical equipment shall meet the
18 requirements of the Electrical Ordinance of the City of Caldwell.
19 (c) No stand shall have a floor area in excess of 750
square feet.
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(d) Stands shall have exit doors at least 30 inches wide
at both ends of the structure and one additional door for each 25
feet of rear wall in excess of 24 feet. All doors shall open out-
ward from the stand and all doorways shall be kept free and clear
from all supplies and materials at all times.
(e) Each stand shall be provided with two (2) 2 -1/2
gallon "soda and acid" type fire extinguishers, in good working
order, and easily accessible for use in case of fire.
(f) There shall be at least one supervisor, 21 years of
age or older, on duty at all times. No person under 18 years of age
shall be allowed inside the stand at any time nor shall any person
under 18 years of age work at or about any premises where "safe"
fireworks are sold or offered for sale.
(g) No person employed as a watchman shall be permitted
to remain inside of any stand when it is not open for business.
(h) "NO SMOKING" signs shall be prominently displayed,
both inside and outside the stand. No smoking shall be permitted
within the stand, or within 15 feet of the stand.
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(i) No stand shall be erected before June 10th 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 26th day
of July.
(j) No fireworks shall be discharged in or within 25
feet of any fireworks stand.
(k) No person shall allow any rubbish to accumulate in
or around any fireworks stand or permit a fire nuisance to exist.
(1) No fireworks shall remain unattended at any time
7I regardless of whether the fireworks stand is open for business or
not. If any fireworks are stored, they shall only be stored at
6, such places as are approved for storage of fireworks by the City
I Fire Inspector.
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2. Permanent business structures from which "Safe" fire-
all works are to be sold shall be subject to the following provisions:
(a) All such buildings shall meet the structural stabi-
12!i lity requirements of the building regulations of the City of Cald-
well and all lighting circuits and other electrical equipment shall
13 meet the requirements of the electrical regulations of the City of
Caldwell.
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��Q (b) The building shall have exit doors at least 30 inches
15 wide at both ends of the structure and shall otherwise conform to
the exit regulations established by the City building regulations
99 16 for structures of the size and nature of said building. All doors
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17 from all supplies and materials at all times.
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18 (c) Each building shall be provided with such number of
fire extinguishers as the Fire Chief of the City of Caldwell shall
19 deem adequate, but in all cases the number shall be not less than
two (2). The fire extinguishers shall be 22 gallon "soda and acid"
2M type extinguishers or other types approved by the Fire Chief. The
fire extinguishers shall be in good working order, easily accessible
21 for use in case of fire, and kept in immediate proximity to the
location when the fireworks are retailed.
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(d) There shall be at least one supervisor, twenty -one
2 (21) years of age or older, on duty at all times. All fireworks
�! shall be screened or otherwise effectively segregated from any kind
24 of self service by the public, and shall be placed in a location
which is unavailable and inaccessible to members of the public in
25 capacities other than as legal customers. No person under eighteen
(18) years of age shall be allowed at any time inside the screened
26 or otherwise segregated area where the fireworks are located.
(e) No person employed as a watchman shall be permitted
to remain inside the screened or otherwise segregated area when it
is not open for business.
(f) "NO SMOKING" signs shall be prominently displayed
both inside and outside the screened or otherwise segregated area.
No smoking shall be permitted within the screened or otherwise
segregated area or within fifteen (15) feet of such area.
(g) No fireworks shall be discharged in or within twenty -
five (25) feet of the screened or segregated area where fireworks
are kept.
1 (h) No person shall allow any rubbish to accumulate, or
permit a fire nuisance to exist in or around the area where fire -
2 ` works are sold.
3,1 (1) If fireworks are stored, they shall only be stored
in such places as are approved for storage of fireworks by the
4 Fire Chief.
5� (J) No building where alcoholic beverages are sold for
consumption on the premises shall be used for the retail sale of
6 "safe" fireworks.
7 (k) The City Council may establish other regulations for
permanent structures where fireworks are to be sold so long as said
regulations are reasonably necessary to protect the public health,
safety and morals, and apply uniformly to all applicants.
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10 -9 -13 PENALTY. It shall be the duty of every person issued a
"Fireworks Permit" to comply with all the provisions of the State
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Fireworks Law and this Chapter. The violation of the aforesaid
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13 State Fireworks Law or any of the provisions of this Chapter by
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o the permittee, or by any of its agents, employees, or officers shall
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�N5 ! constitute a cause, in and of itself, to deny any subsequent appli-
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i cation for a permit. Any person found guilty of violating the pro -
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visions of this Chapter shall be guilty of a misdemeanor and punish-
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able in accordance with the provisions of Chapter 3, Title I of
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this Code.
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1; Section 2. This ordinance shall be in full force and
21 j! effect from and after its passage, approval and publication, and re-
22 pealing all ordinances or parts of ordinances in conflict herewith.
PASSED By the Council of the City of Caldwell, this 15th
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day of May, 1967.
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25 APPROVED By the Mayor of the City of Caldwell, this 15th
_ _11 day of May, 1967.
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29I ATTEST:
City Cle