HomeMy Public PortalAboutORD-CC-1981-07ORDINANCE NO. %'gi
MOAB CITY CODE
CHAPTER 17 - OFFENSES INVOLVING FIREWORKS
BE IT ORDAINED by the City Council of the City of Moab, that
the following be, and the same is, hereby adopted by the City of
Moab:
ARTICLE II
17-2-1 Legislative Declaration.
The City Council of the City of Moab finds, determines, and
declares that illegal fireworks and other explosives are,dangerous to
the health, limb, and life of persons who use them and others, that
the noise of exploding illegal fireworks and other explosives dis-
turbs the tranquility enjoyed by the citizens of the City of Moab,
and that therefore, illegal fireworks and other explosives are nui-
sances and should be abated.
17-2-2 Definitions.
As used in this ordinance, unless the context otherwise requires:
A. "Fireworks" means any article, device, or substance prepared
for the primary purpose of producing a visual or auditory sensation
by combustion, explosion, deflagration, or detonation, including,
without limitation, the following articles and devices commonly known
and used as fireworks: Toy cannons or toy canes in which explosives
are used, blank cartridges, the type of balloon which requires fire
underneath to propel the same, firecrackers, torpedoes, skyrockets,
rockets, roman candles, dayglo bombs, and torches, or other fireworks
of like construction and any fireworks containing any explosive or
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flammable compound, or any tablets or other device containing any
explosive substance.
B. "Fireworks" does not include:
1. Toy paper caps which do not contain more than twenty-
five hundredths of a grain of explosive compound per
cap;
2. Sparklers, trick matches, cigarette loads, trick noise-
makers, toy smoke devices, and novelty auto alarms;
3. Highway flares, railway fuses, ship distress signals,
smoke candles, and other emergency signal devices.
C. "Explosives" are articles, devices, or substances which
decompose by detonation, including but not limited to acetylides,
ammonium nitrates, anhydrous hydrazine, azides, black powder, clasting
gelatin, chlorates, cylonite or hexogen (cylotrimethylene trinitramine),
dinitrorescorcinol, dinitrotolene, dinol, dynamite, fireworks, ful-
minates, Greek fire, guanidine nitrate, gun cotton (cellulose nitrate
with nitrogen content exceeding 12.2% or pyroxylin), hexamine, nitro-
glycerine, pentaerythritoltetranitrate, perchlorates, when mixed with
carbonaceous materials, permanganates, peroxides (except hydrogen
peroxide in concentrations of 35% or less in acqueous solution),
petrol picric acid, tetryl (trinitrophenylmethyltramine), trinitro-
toluene, commonly known as T.N.T., and Molotov cocktails. However,
the term "explosives" excludes ammunition for firearms legally pos-
sessed, gasoline, kerosene, benzine, and natural gas.
D. "Pyrotechnic device" means and includes any fireworks not
prohibited by, and any article, device or substance excluded from the
definition of fireworks.
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17-2-3 Displays -- license.
A. In his discretion, the City Administrator of the City of
Moab may issue a license authorizing a responsible licensee to con-
duct a public fireworks display.
1. In issuing such fireworks display license, the City
Administrator may be regulation or order, impose rea-
sonable regulations, requirements and conditions for
the protection of the health, safety, and property of
the citizens of the City of Moab.
2. He may control the type of fireworks and may limit the
quantity of fireworks to be exploded in such display,
and he may designate the date, time, and place of such
display and may, by order, control any traffic resulting
from such display.
3. Any aggrieved person may request the City Council of
the City of Moab to review any decision made by the
City Administrator in the implementation of this section.
4. Nothing in this ordinance shall be deemed to require
either the City Administrator or the City Council of the
City of Moab to grant any license whatever.
B. If such license is granted, the licensee shall be required
to provide a performance bond in an amount not less than $1,000.00,
conditioned on compliance with the provisions of this ordinance, and
the regulations of the Secretary of State of the State of Utah. No
bond shall be required when such license is granted to the City.
17-2-4 Unlawful acts.
A. It shall be unlawful for any person to manufacture, sell,
keep or store in the City of Moab, any fireworks as defined by this
ordinance.
B. It shall be unlawful for any person, with intent to manu-
facture, sell, or distribute fireworks, to keep, store or possess in
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Offenses Involving Fireworks 17-2-6
the City of Moab any fireworks prohibited by State law or any explo-
sives as defined by this ordinance.
C. Pyrotechnic devices, as defined by this ordinance, may be
used, burned, exploded or detonated:
1. By any person of the age of eighteen (18) years or
more, on his own property or on other private property
with the permission of the owner;
2. By a person of the age of seventeen (17) years or less,
under the direct supervision of a person of the age of
eighteen (18) years or more, on the private property on
which he resides or on other private property with the
permission of the owner.
D. It shall be unlawful for any person knowingly to use, burn,
explode or detonate any fireworks or explosives in the City of Moab,
except when:
1. Such act is authorized by the license provided for in
this ordinance.
17-2-5 Violations -- penalties.
Violations of any provisions of this ordinance for which another
penalty is not expressly provided shall be punishable by a fine of
not more than Two Hundred Ninety-nine Dollars ($299.00) or by impri-
sonment in the City jail or County jail for not more than ninety (90)
days, or by both such fine and imprisonment.
17-2-6 Licenses.
A. It shall be unlawful for any person to engage in the occu-
pation of a retailer selling pyrotechnic devices as defined in this
ordinance, in the City of. Moab, without first obtaining a license from
the City Administrator.
B. Such license shall be granted only on written application
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stating the name and address of the applicant, the exact location
to be licensed for the sale of pyrotechnic devices, and such further
and additional information as the City Administrator may require for
the administration and enforcement of the provisions of this ordinance.
C. Such licenses shall be issued only for locations in com-
mercial, industrial or agricultural zones of the City of Moab.
D. Such license shall authorize the sale at retail of pyro-
technic devices between June 26 and July 5 of the year for which the
license is ussed. It shall be unlawful for any person to sell or
give away any pyrotechnic devices in the City of Moab except between
June 26 and July 5 of any calendar year.
E. Each application for a license shall be accompanied by pay-
ment of the annual license fee of $10.00 which shall be refunded if
the license is not issued.
F. No license provided by this section shall be issued for
any temporary building, structure or stand until the applicant pro-
duces evidence of the issuance of the building permit required by
the section regarding building permits hereinafter set forth.
G. It shall be unlawful for any person, being a licensee or
the employee or agent of any licensee, to sell or give any pyrotechnic
devices to any person of the age of seventeen (17) years or less.
H. It shall be unlawful for any licensee under the provisions
of this section to employ or permit to work in or upon any premise
licensed under this section any person under the age of fourteen (14)
years.
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Offenses Involving Fireworks 17-2-7
I. It shall be unlawful for any person, being a licensee or
the employee or agent of any licensee engaged in the operation of any
business activity under such licensee to permit any person of the age
of fourteen (14) years or less to loiter or remain within the building,
structure or stand in which such business activity is located.
J. The City Administrator shall issue no license to any person
or organization which does not exhibit evidence of liability insurance
with limits not less than $50,000/$100,000 for bodily injury and
$25,000 for property damage covering liability arising out of the
use, display, sale or handling of pyrotechnic devices or fireworks.
17-2-7 Building permit required.
A. For each temporary building, structure or stand erected for
the sale of pyrotechnic devices, the owner or tenant of the property,
or the applicant for a license under the provisions above, shall obtain
a building permit from the City of Moab.
B. Such building permit shall be issued only in conformance
with the provisions of this ordinance and in conformance with all
applicable building codes and regulations of the City of Moab.
C. Every such building permit shall require for each 125
square feet of area used for the sale of ireworks a fire extinguisher
at least equal to:
1. A two and one-half gallon foam fire extinguisher; or
2. A ten -pound dry chemical fire extinguisher.
D. No building permit shall be issued for any location within
three hundred (300) feet of any residence, lumber yard, greenhouse
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Offenses Involving Fireworks 17-2-8
or gasoline service station.
E. The area within a radius of one hundred (100) feet of the
location for which such building permit is issued shall at all times
be kept clear of dry weeds and combustible materials.
F. As a condition precedent to the granting of such building
permit, the applicant shall deposit with the City of Moab, the sum
of Fifty Dollars ($50.00) subject to the following conditions:
1 If the temporary building, structure or stand authorized
by the permit shall be removed by the permittee on or
before the date of July 24 next following its erection,
the deposit shall be refunded; but
2. If such temporary building structure or stand shall not
be removed by the permittee on or before the date of
July 24 next following its erection, the deposit shall
be retained by the City of Moab, and the City Administra-
tor or his authorized representatives shall enter upon
the property and remove such temporary building, struc-
ture or stand.
17-2-8 License required for sale of display fireworks.
A. No person shall sell or offer to sell at retail, any fire-
works which are to be used for display purposes within the City until
he shall first obtain a license to do so from the Secretary of State
and the City of Moab.
B. The City license required by this section shall be granted
only by the City Council, and such license shall not be issued unless
and until the license required is issued by the Secretary of State.
C. Such license shall be valid for a period of twelve (12)
months from the date of issuance, and shall be subject to cancellation,
suspension and revocation in the manner and for the reasons set
forth in Article 1 of this chapter of the Municipal Code.
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D. The fee for any license to sell display fireworks at retail,
or for any renewal thereof, shall be Fifty Dollars ($50.00).
17-2-9 Toy propellant devices.
Nothing in this article shall prevent or regulate the manu-
facture, sale, use or possession of educational rockets and toy pro-
pellant device type engines used in such rockets when such rockets
are of nonmetallic construction and utilize replaceable engines or
model cartridges containing less than two ounces of propellant when
such engine or model cartridge is designed to be ignited by electrical
means.
17-2-10 Revocation and suspension of licenses and permits.
A. In addition to and notwithstanding all other consequences
provided for violations of the provisions of this ordinance, the City
Administrator shall have the power and authority to suspend or revoke
any license or building permit issued under the provisions of this
ordinance whenever it shall appear:
1. That any activity conducted under such license or permit
is in violation of the provisions of this ordinance or
in violation of the laws of this state; or
2. That any activity conducted under such license or permit
poses an immediate threat to public safety; or
3. That any such license or permit was obtained by fraud or
misrepresentation.
B. The City Administrator may delegate the authority provided
by this section to any police officer, code enforcement officer or
other officer of the City of Moab.
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ADOPTED this
ATTEST:
/fh day of
RALP M URE, RECORDER
, 1981.
APPRt D:
HAROLD yT�iCQS , MAYOR