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HomeMy Public PortalAboutOrd. 757 - Permitted Possession of FireworksORDINANCE NO. 757 CITY OF MCCALL, VALLEY COUNTY, IDAHO AN, ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, STATING A PURPOSE, AMENDING SECTION 5-3-430(B), ADDING SECTIONS 5-3-430(C) AND 5-3-430(D), PERMITTED POSSESSION: POSSESSION OF FIREWORKS IS LAWFUL IN THE FOLLOWING CASES; TITLE V, PUBLIC SAFETY; CHAPTER 3; SUBCHAPTER D, FIREWORKS AND EXPLOSIVES; PROVIDING SEVERABILITY; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall desires to extend the date for firework sales and limit the number of hawkers selling fireworks within the City. Now, therefore, be it ordained by the Mayor and City Council of the City of McCall, Valley County, Idaho as follows: Section 1: The purpose of this ordinance is: To extend the date for firework sales and limit the number of hawkers selling fireworks within the City by amending section 5-3-430(B), and adding sections 5-3-430(C) and 5-3-430(D) of Title V, Public Safety; Chapter 3; Subchapter D, Fireworks and Explosives. Section 2: Section 5-3-430(B) relating to permitted possession: possession of fireworks is lawful in the following cases amended to read as follows: 5-3-430(B) Permitted fireworks may be sold in fireworks packages at retail commencing not earlier than 8:00 am on June 30th and continuing until midnight on July 4th. Fireworks may be lawfully discharged by the consumer from 8:00 am on June 30th until midnight on July Sth, provided that their use is not then illegal pursuant to the Uniform Fire Code and the existing natural fire hazard conditions. Permitted fireworks shall not be used or possessed in hazardous fire areas or under hazardous fire conditions the existence of which may be publicly declared by the Fire Chief. Fireworks in violation of the Section are subject to seizure. Section 3: Section 5-3-430(C) and 5-3-430(D) relating to permitted possession: possession of fireworks is lawful in the following cases is added to read as follows: 5-3-430(C) The City Council will not extend the period of sale beyond the period indicated in this paragraph to accommodate sales on weekends. 5-3-430(D) Permits to sell fireworks under the provisions of a hawkers license will be limited to five hawkers in the City and will be available to requestors on a first come, first Page 1 of 2 Ordinance 757 Adopted June 29, 2001 served basis. No preference will be made for any organization in the permitting process. Permits for sale will commence on the first business day in May and continue until five permits are issued. Section 4: Severability: This ordinance is hereby declared to be severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 5: Repeal of Conflicting Provisions: All provisions of the current McCall Municipal Code or ordinances of the City of McCall that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6: Effective Date: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of a newspaper of general circulation in the City of McCall. Passed and approved this 29th day of June, 2001. ATT Cathleen A. Koch, Finance Director/City Clerk Allan Muller, Mayor Page 2 of 2 Ordinance 757 Adopted June 29, 2001 ORDINANCE NO. 757 CITY OF MCCALL, VALLEY COUNTY, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, STATING A PURPOSE, AMENDING SECTION 5-3-430(B), ADDING SECTIONS 5-3-430(C) AND 5-3-430(D), PERMITTED POSSESSION: POSSESSION OF FIREWORKS IS LAWFUL IN THE FOLLOWING CASES; TITLE V, PUBLIC SAFETY; CHAPTER 3; SUBCHAPTER D, FIREWORKS AND EXPLOSIVES; PROVIDING SEVERABILITY; REPEALING CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of McCall desires to extend the date for firework sales and limit the number of hawkers selling fireworks within the City. Now, therefore, be it ordained by the Mayor and City Council of the City of McCall, Valley County, Idaho as follows: Section 1: The purpose of this ordinance is: To extend the date for firework sales and limit the number of hawkers selling fireworks within the City by amending section 5-3-430(B), and adding sections 5-3-430(C) and 5-3-430(D) of Title V, Public Safety; Chapter 3; Subchapter D, Fireworks and Explosives. Section 2: Section 5-3-430(B) relating to permitted possession: possession of fireworks is lawful in the following cases amended to read as follows: 5-3-430(B) Permitted fireworks may be sold in fireworks packages at retail commencing not' earlier than 8:00 am on June 30th and continuing until midnight on July 4th. Fireworks may be lawfully discharged by the consumer from 8:00 am on June 30th until midnight on July 5th,' provided that their use is not then illegal pursuant to the Uniform Fire Code and the existing natural fire hazard conditions. Permitted fireworks shall not be used or possessed in hazardous fire areas or under hazardous fire conditions the existence of which may be publicly declared by the Fire Chief. Fireworks in violation of the Section are subject to seizure. Section 3: Section 5-3-430(C) and 5-3-430(D) relating to permitted possession: possession of fireworks is lawful in the following cases is added to read as follows: 5-3-430(C) The City Council will not extend the period of sale beyond the period indicated in this paragraph to accommodate sales on weekends. 5-3-430(D) Permits to sell fireworks under the provisions of a hawkers license will be limited to five hawkers in the City and will be available to requestors on a first come, first Page 1 of 2 Ordinance 757 Adopted June 29, 2001 served basis. No preference will be made for any organization in the permitting process. Permits for sale will commence on the first business day in May and continue until five permits are issued. Section 4: Severability: This ordinance is hereby declared to be severable. Should any provision of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity. Section 5: Repeal of Conflicting Provisions: All provisions of the current McCall Municipal Code or ordinances of the City of McCall that conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 6: Effective Date: This Ordinance shall take effect and be in full force upon its passage, approval and publication in one issue of a newspaper of general circulation in the City of McCall. Passed and approved this 29th day of June, 2001. ATTEST: Cathleen A. Koch, Finance Director/City Clerk llan Muller, Mayor Page 2 of 2 Ordinance 757 Adopted June 29, 2001 1 City of McCall Certificate of Recording Officer I STATE OF IDAHO} } County of Valley } I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 757 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on June 29, 2001 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 and that a legally sufficient number of members of the Council 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 29th day of June 2001. Cathleen A. Koch, City Clerk City of McCall Certificate of Recording Officer STATE OF IDAHO} } County of Valley } I, th'e undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I am statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. 757 is a true and correct copy of an ordinance passed at a regular meeting of the Council of the City of McCall held on June 29, 2001 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 and that a legally sufficient number of members of the Council 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 29th day of June 2001. Cathleen A. Koch, City Clerk Publisher's Affidavit of Publication --STATE OF-IDAHO County of Valley I, Carol J. Wright, being duly sworn and say, I am the receptionist 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 afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of which is enclosed hereto and is a part hereof, was published in said newspaper once a week for a period of one week in the regular and entire issue of every number there of during the period of time of publication, and was published in the newspaper proper and not in a supplement; and that publica- tion of such notice began July 12, 2001 and ended July 12, 2001. .SS • Subscribed and s(atdrn beforett+fte this the 13th day of July -, 2001. STATE OF IDAHO COUNTY OF VALLEY :On this 13th day of July, in the year of 2001, before me, a Notary Publpeu ?rsonally appeared Carol J. Wright, known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Tom Grote Notary Public for Idaho Residing at McCall, Idaho Commission Expires 2/6/06 :OgDINPiNCE NO 7sy�e S CIT1i OF IVIC• QALL, }V'ALL�; . COUNTY; IDAHO :� AN ORDINANCE . C F THE'. 6I116:::OF MCCALL, A IVIUMCIPAL CORPORATION OR.THE STATE OF4DAHO 3TATING'A PURPOSE, AMENDING SECTION15=3,.,. 430(13); ADDING SECTIONS'S 30(C) AND;5-3-430(D), PERMITTED344{pOSSES- SION: POSSSSSION'OF FIREWORKS IS LAWFUL IN- THE FOLLOWING !`ASKS; TITLE V, PUBLICSAFETY E CHAPTER;3; • ,SUBCHAPTER D, FIREWORKS AND', PLOSIVES PROVIDING SEVERAtliftly.; • REPEALING CONFLICTI NGPROVISIONS AND•PROVIDI1NG1AN EFFECTIVE DATE WHEREAS; the'Cityof McCall desires to, extend the date fog firewdrk salestirtd Itmu he numberefhawkeis selling firewbrks:wuhtn the 'Clty• •' 4r a • New, therefor` liiiterdatned'bytheM'ayer= and City Councilof. the City of McCall Valley: County; Idaho as: follows:=• Section t: Thepulposeofthtsorditianc�ts TO-mitend the date for+fireworltlsales andr,` limit the number, of hawkers selling-freworli within the City by'ainending secttert5.=3430(13),•' and adding sections 5 3-430(C) and 5=3; 430(I)) of Title V pubbe'safety Chapter3 Subehapi • ter D, Fireworks and t' : ' SExplo'si�es s ` e eehon 5=3-430(B) relating opermittetypossessien' possession of fireworks me fo ?; is lawful thllowing cases amended to; . read as fellows w, •i • 5=3-430(13) Permuted freworks Sold in fireworks packages at retail court retie„ hit not. earlier than 8 00 am •on June`30'" and . continuing until ;midnight 'en July 4:,' y Fire'.; viorks: may berflawfully hdischarged,' by t1C• consumer from ;8 0(V am on June 3a^ until • Midnight on July 3!" provtded'ttiat their'usels. not then illegal piirsuanLtt rthe Uniform Fire Coderand;the existing natural fire• hazaM con ' duions:; Permitfedfreworks`shalln8t�be}dsed.}' or possessed ih harardous'fre areas' oriunder hazardousfrccondihonstheeztstenceofwh'lch •`may Ue'publicly'!declared-ny t rdAre:Chief Fireworks.m violation of the Seetton_are sub jectao seizure _..,,... "S• Section 3 'Section 5.3430(C) and:5-3- 430(D).•relatmg ,to' permuted. possession: peisession'of f reworks is laWful in the follow- +ing cases:is added te.read as;follows 5 3=430(C) The City Councilwtll''net ex - ,tend the ; period , of . sale beyond <the period . indicated in this paragraph to accommodate• j 3-430(D) Permits to sell'fireworks under the previsions • of a'•hawkers'•lt¢ense'will: be - ]imited to'ftvehawkers in theCity and•wilI be' . available.to•requestors on ::first ceine::first 'setvedbasjs No preference Wilt be' made for � anv oreanizAnon`m t►+e rinuu E rp'ocess •' permits for sale will commence`on the Trist- tiusmess day in M#S, and ctifitmue until fiat; permits are issued eSe..Ctton 4 Severabihty This' ordmanoe•_is hereby declared• to severable ;,Should any provision of this ordi- nance'1be,,'declaredOrryilid'by a tiOurt of . 'competentjilti dictions„the,remammg.prove- . :sions shalkentinuca full force and effect and shall•b( reed ii carry out thepurpose(s) of the " ordmance:before the declaration of partial m- validtry ¢ + $ecnon 5 �2epeal of Conflicting. Prove sions All provesionsjof thecurtentMcCall Mu ntwpal Codeor ordinances ofthe City Of McCall that contliet with ttie propisions of this ridt nance atellereby repeated to the extent of such cotlfltct1� Secpon 6 Et%cftve Datit:. , r ;3fi , his brdinanceWshall takeeffectiand b Te in T � t full force upon its passage, approve[ and`pub ;licatton tn.one issue of'a newspaperof general circulation m th`e C4.0f McCall I?assed'and approved tfiis29th day of June, 200), l,� Ytt7;��aa rii 4 €A r��Y t n�}l r� '= Allan Muller, Mayor` 4 ATTEST Cathleen A Koch,�manceDi ; rectodCtty;Clerk Ite7/l2 (4.: , c.., m ry.