HomeMy Public PortalAboutOrd. 510 Safe & Sane Fireworks"
` 1 0 6
O R D I N A N C E N O . D C 3
A N O R D I N A N C E R E L A T I N G T O " S A F E A N D S A N E F I R E W O R K S " ;
A M E N D I N G S E C T I O N 5 - 3 - 3 O F T H E V I L L A G E C O D E O F M c C A L L ,
I D A H O , T O P R O V I D E T H E D A T E W H E N " S A F E A N D S A N E F I R E -
W O R K S " M A Y B E S O L D , A N D T O R E Q U I R E C E R T A I N S A F E T Y
P R E C A U T I O N S ; A M E N D I N G C H A P T E R 3 O F T I T L E V O F T H E
V I L L A G E C O D E O F M c C A L L , I D A H O , B Y T H E A D D I T I O N O F A
N E W S E C T I O N 5 - 3 - 4 O F T H E V I L L A G E C O D E O F M c C A L L ,
I D A H O , T O D E F I N E F I R E N U I S A N C E A N D M A K E I T U N L A W F U L
T O C R E A T E O R C O M M I T T H E S A M E ; A M E N D I N G C H A P T E R 3 O F
T I T L E V O F T H E V I L L A G E C O D E O F M c C A L L , I D A H O , B Y T H E
A D D I T I O N O F A N E W S E C T I O N 5 - 3 - 5 O F T H E V I L L A G E C O D E
O F M c C A L L , I D A H O , T O P R O V I D E F O R T H E E N F O R C E M E N T O F
T H I S C H A P T E R ; A M E N D I N G C H A P T E R 3 O F T I T L E V O F T H E
V I L L A G E C O D E O F M c C A L L , I D A H O , B Y T H E A D D I T I O N O F
A N E W S E C T I O N 5 - 3 - 6 O F T H E V I L L A G E C O D E O F M c C A L L ,
I D A H O , T O P R O V I D E A P E N A L T Y ; A M E N D I N G C H A P T E R 3 O F
T I T L E V O F T H E V I L L A G E C O D E O F m c C A L L , I D A H O , B Y T H E
A D D I T I O N O F A N E W S E C T I O N 5 - 3 - 7 O F T H E V I L L A G E C O D E
O F M c C A L L , I D A H O , T O D E F I N E " P A C K A G E " ; A M E N D I N G C H A P T E R
3 O F T I T L E V O F T H E V I L L A G E C O D E O F M c C A L L , I D A H O , B Y
T H E A D D I T I O N O F A N E W S E C T I O N 5 - 3 - 8 O F T H E V I L L A G E C O D E
O F M c C A L L , I D A H O , T O P R O V I D E T H A T P A C K A G I N G I S R E Q U I R E D ;
A N D T O P R O V I D E S E V E R A B I L I T Y .
B E I T O R D A I N E D B Y T H E M A Y O R A N D C O U N C I L O F T H E
C I T Y O F l i c C A L L , I D A H O , A S F O L L O W S :
S e c t i o n 1 . T h a t S e c t i o n 5 - 3 - 3 o f t h e V i l l a g e C o d e o f
M c C a l l , I d a h o , b e , a n d t h e s a m e i s h e r e b y a m e n d e d t o r e a d a s
f o l l o w s :
5 - 3 - 3 : S A F E A N D S A N E F I R E W O R K S : S a l e a t t h e r e t a i l a n d
t h e u s e o f " s a f e a n d s a n e f i r e w o r k s " a s h e r e i n d e s c r i b e d s h a l l
b e l a w f u l f r o m t w e l v e 1 2 : 0 0 n o o n t h e 2 0 t h d a y o f J u n e t o m i d -
n i g h t o n t h e 6 5 t h d a y o f J u l y o f e a c h y e a r , p r o v i d e d a n y
r e t a i l s t o r e o r s t a n d h a s o b t a i n e d a " s a f e a n d s a n e f i r e w o r k s
p e r m i t " f r o m t h e C i t y C l e r k . " S a f e a n d s a n e f i r e w o r k s " i n c l u d e s
a n y o f t h e f o l l o w i n g :
( A ) C o n e f o u n t a i n s w i t h p y r o t e c h n i c c o m p o s i t i o n n o t
e x c e e d i n g f i f t y ( 5 0 ) g r a m s e a c h ;
( B ) c y l i n d r i c a l f o u n t a i n s , w h e t h e r b a s e , s p i k e o r
h a n d l e , w i t h p y r o t e c h n i c c o m p o s i t i o n n o t e x c e e d i n g
s e v e n t y f i v e ( 7 5 ) g r a m s e a c h a n d i n s i d e t h e t u b e
d i a m e t e r n o t e x c e e d i n g t h r e e - q u a r t e r s i n c h ( 3 / 4 " ) ;
( C ) S p a r k l e r s a n d " d i p p e d s t i c k s " n o t m o r e t h a n
t e n i n c h e s ( 1 0 " ) i n l e n g t h o r o n e - q u a r t e r i n c h
( 1 / 4 " ) i n d i a m e t e r m a d e o n s t e e l o r i r o n w i r e a n d
S u z u k i a n d M o r n i n g G l o r i e s w i t h p y r o t e c h n i c c o m p o -
s i t i o n n o t e x c e e d i n g f o u r ( 4 ) g r a m s e a c h ;
(D) Snakes which do not contain bichloride of mercury
and pyrotechnic composition not exceeding two (2) grams
each;
(E) Wheels with pyrotechnic composition not exceed-
ing sixty (60) grains for each driver unit or two
hundred forty (240) grains for each complete wheel.
The inside tube diameter or driver unit shall not
exceed one-half inch (1/2"). ; (wheels must be
secured as not to allow same to dart or travel about
the ground during discharge);
(F) Whistles, without report and which do not dart or
travel about the ground during discharge with pyro-
technic composition not exceeding six (6) grams and
containing no picric or gallic acid.
Section 2. That Chapter 3 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a NEW SECTION, to be known and designated
as Section 5-3-4 of the Village Code of McCall, Idaho, and
to read as follows:
5-3-4: FIRE NUISANCE DEFINED -CREATION OR COMMISSION
THEREOF UNLAWFUL: "Fire nuisance" means anything or any act
which increases, or may cause an increase of, the hazard or
menace of fire to a greater degree than customarily recognized
as normal by persons in the public service of preventing, sup-
pressing or extinguishing fires; or which may obstruct, delay
or hinder, or may become the cause of any obstruction, delay
or hindrance to the prevention or extinguishment of fire. It
shall be unlawful to create or commit a fire nuisance.
Section 3. That Chapter 3 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a NEW SECTION, to be known and designated
as Section 5-3-5 of the Village Code of McCall, Idaho, and
to read as follows:
5-3-5: ENFORCEMENT OF ORDINANCE: It shall be the duty
of any state or district fire wardens, county and municipal
peace officers, fire department chiefs, or their designated
representatives, in counties and cities to take such steps
as may be necessary for the enforcement of this ordinance.
Section 4. That Chapter 3 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a NEW SECTION, to be known and designated
as Section 5-3-6 of the Village Code of McCall, Idaho, and to
read as follows:
-2-
5-3-6: PENALTY: Any violation of the provisions of this
ordinance is hereby declared to be a misdemeanor, and/or any
person who wilfully or negligently is responsible for the
starting or existence of a fire shall be liable for cost incur-
red by the City or any authorized agencies in controlling or
extinguishing the same.
Section 5. That Chapter 3 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a NEW SECTION, to be known and designated
as Section 5-3-7 of the Village Code of McCall, Idaho, and
to read as follows:
5-3-7: FIREWORKS PACKAGE: "Package" includes any case,
container or receptacle used for holding fireworks, which shall
be closed or sealed by tape, cordage or any other secure means.
Section 6. That Chapter 3 of Title V of the Village Code
of McCall, Idaho, be, and the same is hereby amended by the
addition thereto of a NEW SECTION, to be known and designated
as Section 5-3-8 of the Village Code of McCall, Idaho, and
to read as follows:
5-3-8: SALE OF "SAFE AND SANE FIREWORKS" --PACKAGING:
No "Safe and Sane Fireworks" shall be sold or offered for sale
at retail unless the fuses or other igniting devices are pro-
tected by approved protective caps or each item or group of
items is enclosed or sealed in a package bearing such brand
and label.
Section 7. The provisions of this ordinance are hereby
declared to be severable and if any provision of this ordinance
or the application of such provision to any person or circum-
stance is declared invalid for any reason, such declaration
shall not affect the validity of remaining portions of this
ordinance.
Passed and approved this /4( day of May, 1987.
(1)44 (67/ijee
Mayor
Attest:
PUBLISHER'S AFFIDAVIT OF PUBLICATION
STATE OF IDAHO
SS.
County of Valley
•omi Grote, being duly sworn deposes and says, I am the book-
keeper of The Star -News, a weekly newspaper published at McCall,
in the County of Valley, State of Idaho; that said newspaper is in
general circulation in the county of aforesaid and is a legal newspaper;
that the ORDINANCE NO. 510
a copy of which is attached hereto and made a part hereof, was
published in said newspaper once a week for 011E con-
secutive weeks in the regular and entire issue of every number
thereof during the period and time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of
such notice began,
May 20 19 87
and endedr'lay 20 19 87
Subscribed and sworn before me, this the
9 day of _ June is 87
STATE OF IDAHO, COUNTY OF VALLEY, ss..
On this 9 day of June 19 87
before me, a Notary Public in and for said State.
personally appeared Judy Brooks known to me
or identified to me to be the bookkeeper of
the corporation that executed the instrument
or the person(s) who executed the instrument
_ on behalf of said corporation, and acknowledged
to me that such copGretTtSft executed fhe same.
i
ORDINANCE NO. 510 '
AN ORDINANCE RELATING TO
"SAFE AND SANE FIREWORKS";
AMENDING SECTION 5-3-3 OF THE
VILLAGE CODE OF McCALL,
IDAHO, TO PROVIDE THE DATE
WHEN "SAFE AND SANE
FIREWORKS" MAY BE SOLD, AND
TO REQUIRE CERTAIN SAFETY
PRECAUTIONS; AMENDING
CHAPTER 3 OF TITLE V OF THE
VILLAGE CODE OF McCALL,
IDAHO, BY THE ADDITION OF A
NEW SECTION 5-3-4 OF THE
VILLAGE CODE OF McCALL,
IDAHO, TO DEFINE FIRE'
NUISANCE AND MAKE IT
UNLAWFUL TO CREATE OR
COMMIT THE SAME; AMENDING
CHAPTER 3 OF TITLE V OF THE
VILLAGE CODE OF McCALL,
IDAHO, BY THE ADDITION OF A
NEW SECTION 5-3-5 OF THE
VILLAGE CODE OF McCALL,
IDAHO, TO PROVIDE FOR THE
ENFORCEMENT OF THIS
CHAPTER; AMENDING CHAPTER 3
OF TITLE V OF THE VILLAGE
CODE OF McCALL, IDAHO, BY THE
ADDITION OF A NEW SECTION
5-3-6 OF THE VILLAGE CODE OF
McCALL, IDAHO, TO PROVIDE A
PENALTY; AMENDING CHAPTER 3
OF TITLE V OF THE VILLAGE
CODE OF McCALL, IDAHO, BY THE
ADDITION OF A NEW SECTION
5-3-7 OF THE VILLAGE CODE OF
McCALL, IDAHO, TO DEFINE
"PACKAGE"; AMENDING
CHAPTER 3 OF TITLE V OF THE
VILLAGE CODE OF McCALL,
IDAHO, BY THE ADDITION OF A
NEW SECTION 5-3-5 OF THE
VILLAGE CODE OF McCALL,
IDAHO, TO PROVIDE THAT
PACKAGING IS REQUIRED; AND
TO PROVIDE SEVERABILITY.
BE IT ORDAINED BY THE
MAYOR AND COUNCIL OF THE
CITY OF McCALL, IDAHO, AS
FOLLOWS:
Section 1. That Section 5-3-3 of the
Village Code of McCall, Idaho, be, and
the same is hereby amended to read as
follows:
5-3-3: SAFE AND SANE
FIREWORKS: Sale at the retail and the
use of "safe and sane fireworks" as
herein described shall be lawful from
twelve 12:00 noon the 20th day of June to
midnight on the 5th day of July of each
year, provided any retail store or stand
has obtained a "safe and sane fireworks
permit" from the City Clerk. "Safe and
sane fireworks" includes any of the
following:
(A) Cone fountains with pyrotechnic
composition not exceeding fifty (50)
grams each;
(B) cylindrical fountains, whether
base, spike or handle, with pyrotechnic
composition not exceeding seventy-five
(75) grams each and inside the tube
diameter" not exceeding three-quarters
inch (3/4");
(C) Sparklers and "dipped sticks" not
more than ten inches (10")" in length or
one -quarter inch (1/4 ") in diameter made
on steel or iron wire and Suzuki and Mor-
ning Glories with pyrotechnic composi-
tion not exceeding four (4) grams each;
(D) Snakes which do not contain
bichloride of mercury and pyrotechnic
composition not exceeding two (2) grams
each:
Tom Grote
Notary Public
Residing at McCall, Idaho
rnmmiccinn Cvniroe- 1 if.
CERTIFICATE OF RECORDING OFFICER
STATE OF IDAHO )
) ss
COUNTY OF VALLEY)
I, the undersigned, the duly appointed, qualified, City Clerk of
McCall City, Idaho, do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho
Code, I keep a correct journal of the proceedings of the Council of
McCall City, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. 570 is a true and correct
copy of an ordinance passed at a regular meeting of the Council of
McCall City held on 1140,..a / c( , 19 if%, and duly recorded in my
office; and
3. That said regular meeting was duly convened and held in all
respects in accordance with law and to the extent required by law, due
and proper notice of such meeting having been given; that a legal
quorum was present throughout the meeting and that a legally
sufficient number of members of the Council of McCall City voted in
the proper manner and for the passage of said ordinance; and that all
other requirements and proceedings incident to the proper adoption and
passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of McCall, Idaho, this /j X day of
Pt/ , 19 f12.
Arthur idt, City Clerk
(Seal of the City)