HomeMy WebLinkAboutORD 2193BILL NO. 19
ORDINANCE NO. 2193
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 11 OF THE MUNICIPAL
CODE OF THE CITY OF CALDWELL PERTAINING TO FIREWORKS BY
DELETING AND ADDING CERTAIN LANGUAGE IN SECTIONS 01, 03, 05, AND
09 TO PROVIDE FOR TERMS DEFINED, PERMITS, TIME LIMITS, TEMPORARY
FIREWORKS STANDS AND BUSINESS STRUCTURES: REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT
HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO:
Section 1. That Section 1, of Chapter 8, Article 11 of the Municipal Code of the
City of Caldwell, pertaining to Terms Defined, Safe Fireworks, be amended as follows:
08- 11 -01: TERMS DEFINED:
DANGEROUS FIREWORKS: Shall be defined by Idaho Code, Chapter 26 Title 39.
FIREWORKS: Shall be defined by Idaho Code, Chapter 26, Title 39. ShMI inelude
-- = - 1 I R. 10-0
n .► F FrR F -- W O KS Nonaerial Common Fireworks Shall be as defined by Idaho
Code, Chapter 26 Title 39.
Section 2. That Section 3; 1 (B), (2) B; (3) and (4) of Chapter 8, Article 11 of
the Municipal Code of the City of Caldwell, pertaining to Permit be amended as follows:
M
08- 11 -03: PERMIT Qdaho Code, Chapter 26, Title 39)
(1) B. Safe Rim.var Nonaerial Common Fireworks: It shall be unlawful for any
person, firm or association, without having a valid " ' " " Nonaerial
Common Fireworks Permit issued pursuant to terms and conditions set forth in this
article to import, export, possess for the purpose of sale, offer for sale or sell any "SW'
" Nonaerial Common Fireworks for any use or purpose.
(2) Application for Permits:
B. " rn it.. N
rntie'. Etteh applieen'
fellew4ng� Aolicants for Fireworks Permits shall pay a fee for both the
Nonaerial Common Fireworks and Dangerous Fireworks which _ shall be
established by Resolution approved by the City Council as defined in Idaho
Code 39 -2604 and 39 -2605. Each gRI21icant shall show the following:
(3) Investigation of Applicant:
ponaj4, tegatherv his masear. therefor to the City Go . The Fire Department
and the Building Department shall cause an investigation of the Applicants and
determine if they are eligible for the Permit and inform the City Clerk who will then
issue the Permit.
Section 3. That Section 5, (2) and (3) of Chapter 8, Title 11 of the Municipal
Code of the City of Caldwell pertaining to Time Limits be amended as follows:
08- 11 -05: TIME LIMITS:
(2) Time of Application: Each application for a permit to sell "" " Nonaeria l
Common Fireworks at retail shall be filed with the City Clerk on or before May
June 15 of the calendar year for which the permit is sought. Variances may be
granted by the Fire Chief to said filing date under extenuating circumstances stibjeet
(W3) vote of the City Getmei .
(3) Time of Sale: No "sal$" ' Nonaerial Common Fireworks" shall be sold or offered for
sale except from twelve o'clock (12:00) noon on June 28 to twelve o'clock (12:00)
midnight on July 5 of each year.
0 0
Section 4. That Section 9, (1) H and I of Chapter 8, Title 11 of the Municipal
Code of the City of Caldwell pertaining to Temporary Fireworks Stands and Business
Structures be amended as follows:
08- 11 -09: TEMPORARY FIREWORKS STANDS AND BUSINESS STRUCTURES:
(1) Temporary stands shall be subject to the following provisions:
H. "NO SMO G!' si
th ate. "No Smoking within 25 feet" signs shall be prominently displayed on all
four (4) sides of the stand. Smokina shall not be permitted inside the stand.
1. No stand shall be erected before Ame 10 May 5 of any year. The premises on which
the stand is erected shall be cleared of all structures and debris not later than #Avlw
- o'eleek (12 neen d 26, Jul.
Section 5. All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
Section G. This Ordinance shall be in full force and effect from and after its
passage, approval and publication according to law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this 21 day of
April , 1997.
APPROVED BY THE MAYOR of the City of Caldwell this 21st day of
April _, 1997.
Mayor
ATTEST:
gX fl_ k - -,C ity Clerk