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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 -1- U ' 17-2-2 Offenses Involving Fireworks 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. -2- 17-2-3 Offenses Involving Fireworks 17-2-4 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 -3- - 17-2-4 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 -4- 17-2-6 Offenses Involving Fireworks 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. -5- 17-2-6 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 -6- ' 17-2-7 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. -7- ti. C '17-2-8 Offense Involving Fireworks 17-2-10 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. -8- ADOPTED this ATTEST: /fh day of RALP M URE, RECORDER , 1981. APPRt D: HAROLD yT�iCQS , MAYOR