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| Chapter Seven, Fire Prevention ... | ||
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| 6-7B-1: FIREWORKS DEFINED | 6-7B-2: DANGEROUS FIREWORKS DEFINED | 6-7B-3: SAFE AND SANE FIREWORKS |
| 6-7B-4: DANGEROUS FIREWORKS PERMIT | 6-7B-5: SAFE AND SANE FIREWORKS PERMIT | 6-7B-6: APPLICATION FOR SAFE AND SANE FIREWORKS PERMIT |
| 6-7B-7: FORM OF APPLICATION | 6-7B-8: INVESTIGATION | 6-7B-9: CLERK TO ISSUE PERMIT |
| 6-7B-10: TERM OF PERMIT | 6-7B-11: TIME OF FILING APPLICATION | 6-7B-12: INSURANCE REQUIRED |
| 6-7B-13: AUTHORIZED DATES FOR THE SALE AND USE OF FIREWORKS | 6-7B-14: TEMPORARY FIREWORKS STANDS | 6-7B-15: GENERAL PROHIBITIONS |
| 6-7B-16: RECORDS TO BE KEPT | 6-7B-17: COMPLY WITH IDAHO STATE FIREWORKS ACT | 6-7B-18: VIOLATION AND PENALTY |
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| ARTICLE B. FIREWORKS | ||
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6-7B-1: FIREWORKS DEFINED: "Fireworks" 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 thereto or which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, rockets, Roman candles, fountains, wheels, dago bombs, sparklers, and other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, deflagration, explosion or detonations. Not to be included 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 (0.25) grain of explosive compound per cap is used for such caps whether single, roll, or tape type. (Ord. 1387, 4-26-2004) |
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6-7B-2: DANGEROUS FIREWORKS DEFINED:
"Dangerous fireworks" includes any of the following: A. Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs, mines, ground bombardment, grasshoppers, ground blooms and other explosive articles of similar nature. B. Blank cartridges, with the exception of official school sponsored track meets and cross country meets and military funerals. C. Skyrockets and rockets, including all similar devices employing any combustible or explosive material and which rise in the air during discharge, with the exception of ground spinners, chasers, including all devices which dart or travel about the surface of the ground during discharge and which do not exceed twelve inches (12") of vertical movement at any time. D. Roman candles, including all devices which discharge a 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 dichloride of mercury. G. Sparklers more than ten inches (10") in total length or one-quarter inch (1/4") in diameter. H. All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles, parachute shells, mines, dago bombs and similar devices, with the exception of parachute shells including all ground to air projectiles that deploy a parachute and do not carry a flame, ember, spark, or any pyrotechnic discharge and which the vertical movement of the projectile shall be restricted to twenty feet (20'). 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. (Ord. 1387, 4-26-2004) |
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6-7B-3: SAFE AND SANE FIREWORKS: "Safe and sane fireworks" includes any pyrotechnic device that meets the following requirements: A. The product shall be "listed" by the Mountain Home city fire department. B. Testing (if required) shall be conducted using the following criteria: 1. The item must not leave the ground or move laterally beyond a ten foot (10') radius except as stated in subsection 6-7B-2C of this article. 2. The pyrotechnic discharge from the item shall not extend beyond a twenty foot (20') radius both vertically and laterally. 3. The combined movement and pyrotechnic discharge of any device shall not extend beyond a twenty foot (20') radius vertically or laterally. (Ord. 1387, 4-26-2004) |
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6-7B-4: DANGEROUS FIREWORKS PERMIT: It shall be unlawful for any person in the city of Mountain Home 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 conditions of this article may use "dangerous fireworks" for a safely supervised and conducted public display of fireworks. Said fireworks may be stored for a period not exceeding ten (10) days immediately preceding the date of said public display, provided the fireworks are to be used exclusively for public display. (Ord. 1387, 4-26-2004) |
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6-7B-5: SAFE AND SANE FIREWORKS PERMIT:
No person, without having a valid "safe and sane fireworks permit" issued pursuant to terms and conditions set forth in this article shall import, export, possess for the purpose of sale, offer for sale, or sell "safe and sane fireworks" for any use or purpose. (Ord. 1387, 4-26-2004) |
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6-7B-6: APPLICATION FOR SAFE AND SANE
FIREWORKS PERMIT: Any reputable person, in reasonable pursuit or furtherance 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 clerk for a "safe and sane fireworks permit". Each applicant shall pay to the city clerk a fee of twenty five dollars ($25.00) at the time he/she files his/her application. At the time and as a condition of such filing and with each application, each applicant shall pay an additional fee to defray costs of preliminary investigations required hereunder which fee shall be twenty five dollars ($25.00) per site applied for, and shall not be refundable in any event. (Ord. 1387, 4-26-2004) |
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6-7B-7: FORM OF APPLICATION:
Each applicant for a "safe and sane fireworks permit" shall file his/her application with the clerk. Each application shall show the following: A. Name, address, date of birth and driver's license number of applicant. B. The purpose for which the applicant primarily exists and for 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 requests permission to sell "safe and sane fireworks" or display "dangerous fireworks". E. When and where the applicant was organized and established, or, if a natural person, the applicant's age. F. The location of the applicant's principal and permanent meeting place or places, or principal place or places of business. G. The applicant'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 subsidiary company, business or entity, and a general description of the ownership organization of each parent or subsidiary, if any. I. Such other information as the clerk may require on a standard form submitted to all applicants and which is reasonably necessary to protect the public health, safety and morals. (Ord. 1387, 4-26-2004) |
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6-7B-8: INVESTIGATION: The clerk shall notify the building department and the fire department which departments in confidence with the clerk shall cause an investigation to be made of each application and applicant. (Ord. 1387, 4-26-2004) |
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6-7B-9: CLERK TO ISSUE PERMIT: The clerk shall have the power in his/her discretion to grant or deny any application, subject to such reasonable conditions, if any, as he/she 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. (Ord. 1387, 4-26-2004) |
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6-7B-10: TERM OF PERMIT: A "safe and sane fireworks permit" issued pursuant to this article 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 permits for more than one premises or location within the city. No permit shall be transferable or assignable. (Ord. 1387, 4-26-2004) |
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6-7B-11: TIME OF FILING APPLICATION: The application for a "safe and sane fireworks permit" must be made on or before June 15 of each year. (Ord. 1387, 4-26-2004) |
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6-7B-12: INSURANCE REQUIRED: Each applicant for a "safe and sane fireworks permit" or for a "dangerous fireworks permit", shall have filed with the 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 one hundred thousand dollars ($100,000.00) per occurrence aggregate bodily, and one hundred thousand dollars ($100,000.00) per occurrence aggregate property damage, or personal injury. Each policy of insurance shall be in form and substance acceptable to the city, and shall name as insured parties under the terms of the policy the city, all officials, elected and appointed, of the city in performance of official functions regarding all operations under or pertaining to said permit, 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 canceled without at least ten (10) days' prior written notice to the city from the underwriting insurance company. 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 the state of Idaho, and a copy of said policy shall be filed with the clerk prior to the issuance of the permit. (Ord. 1387, 4-26-2004) |
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6-7B-13: AUTHORIZED DATES FOR THE SALE AND USE
OF FIREWORKS: Nonaerial common safe and sane fireworks may be sold at retail and used beginning June 28 and ending at twelve o'clock (12:00) midnight July 4. Common fireworks may be sold and used at any time during the above period in compliance with a permit issued under provisions of this article. (Ord. 1387, 4-26-2004) |
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6-7B-14: TEMPORARY FIREWORKS STANDS: Temporary fireworks stands from which "safe and sane fireworks" are to be sold shall be subject to the following provisions: A. All 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. B. The stand in which the fireworks will be stored or sold shall not be located within twenty five feet (25') of any other building nor within one hundred feet (100') of any gasoline station or flammable liquid dispensing device or installation. C. All such stands shall meet the requirements of the building code of the city of Mountain Home and all lighting circuits and other electrical equipment shall meet the requirements of the electrical ordinance of the city. No heating device may be used in a temporary fireworks stand at any time. D. The stand shall have exit doors at least thirty inches (30") wide at both ends of the structure and one additional door for each twenty five feet (25') of rear wall in excess of twenty five feet (25'). 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. E. Each stand shall be provided with a minimum of two (2) 2 1/2-gallon water type fire extinguishers, in good working order and easily accessible for use in case of fire, which shall be kept in immediate proximity to the location where the fireworks are retailed. F. 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 kept away from any kind of self-service by the public, and shall be placed in a location which is unavailable and inaccessible to members of the public in capacities other than as legal customers. No person under eighteen (18) years of age shall work at or about or be permitted inside of any stand where "safe and sane 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 twenty five feet (25') of the stand. I. During the first selling period, no temporary stand shall be erected before June 27 of any year. The premises on which the stand is erected shall be cleared of all structures and debris not later than twelve o'clock (12:00) noon of July 6. J. No fireworks shall be discharged in or within twenty five feet (25') 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. Only noncombustible waste containers shall be permitted within the stand. L. 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 fire chief or his representative. M. No stand shall be erected at a location where retail sales are not allowed under the zoning ordinance of the city of Mountain Home. N. No dry vegetation, Christmas trees, or any other combustible material may be stored, displayed, sold, or otherwise kept within twenty five feet (25') of a fireworks stand. O. 1. A short term storage facility may be used for the storage of nonaerial common fireworks for a period of sixty (60) days prior to, and fifteen (15) days after, any authorized retail sales date. The fire department shall be notified of the address or location of all short term storage facilities when fireworks will not be stored in a temporary fireworks stand. If the short term storage facility is not within the boundaries of the city of Mountain Home, then the permittee shall notify the authority having jurisdiction where the storage is to take place. 2. Short term storage is allowed in any of the following, provided it is locked or otherwise secured: a temporary fireworks stand, truck trailer, or other vehicle. A truck trailer or other vehicle used for short term storage must remain at least twenty five feet (25') from any other inhabited building. Short term storage may occur in a locked or secured shed, garage, barn or other building or storage container which is detached from an inhabited building and contains no open flames, including heating and lighting sources. (Ord. 1387, 4-26-2004) |
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6-7B-15: GENERAL PROHIBITIONS:
It shall be unlawful for any person, except in compliance with this article, to: Alter any fireworks; Throw any fireworks from, into or at a moving vehicle or at any person; Sell or use any fireworks at any time not permitted under this article; Use fireworks in any area that constitutes a severe fire threat based on the vegetative conditions during the current fire season as determined by the fire chief, provided that notice of such areas is given in advance. (Ord. 1387, 4-26-2004) |
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6-7B-16: RECORDS TO BE KEPT:
Each permittee shall be required to retain at the licensed premises while said premises is open, and at his/her principal place of business for a year thereafter, copies of all invoices, receipts and orders evidencing the source from which he/she acquired the fireworks which he/she handled. (Ord. 1387, 4-26-2004) |
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6-7B-17: COMPLY WITH IDAHO STATE FIREWORKS
ACT: 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 this article. The conviction or violation of the aforesaid Idaho state fireworks act or any of the provisions of this article by the permittee, or by any of its agents, employees, or officers shall constitute a cause, in and of itself, to deny any subsequent application for a permit. (Ord. 1387, 4-26-2004) |
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6-7B-18: VIOLATION AND PENALTY: A.It shall be unlawful for any person, firm or corporation to violate any of the provisions of this article, and any violation thereof shall constitute an infraction and shall be punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding one hundred dollars ($100.00) and for which no period of incarceration may be imposed. There is no right to a trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. B.A second and any subsequent conviction of any violation of any of the provisions of this article within five (5) years shall constitute a misdemeanor, and shall be punished as provided in section 1-4-1 of this code. C.Fireworks being used in violation of this article will be confiscated by the Mountain Home fire department. (Ord. 1432, 9-27-2005) |
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