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FIREWORKS PERMITS-SALE AND DISPLAY
Sections:
5.20.010 Definitions.
5.20.020 Unlawful to sell or use fireworks.
5.20.030 Applicability.
5.20.040 Public displays.
5.20.050 Application for permit.
5.20.060 Investigation.
5.20.070 Competent fireworks operators.
5.20.080 Spectators.
5.20.090 Issuance of permit.
5.20.100 Conducting displays and prohibition.
5.20.110 Transferability.
5.20.120 Liability insurance.
5.20.140 Sale of display fireworks at retail.
5.20.150 Application for permit to sell display fireworks
at retail.
5.20.160 Investigation.
5.20.170 Issuance of license.
5.20.180 Limit on location and transferability.
5.20.190 Filing application.
5.20.200 Insurance for sales at retail.
5.20.210 Seizure of fireworks.
5.20.010 Definitions.
As used in this chapter unless the context otherwise requires:
"Fireworks" means any combustible or explosive composition, or any
substance or combination of substances, or device prepared for the purpose of
producing a visible or an audible effect by combustion, explosion, deflagration
or detonation, and shall include blank cartridges, toy pistols, toy cannons,
toy canes or toy guns in which explosives are used, firecrackers, torpedoes,
sky-rockets, Roman candles, dayglo bombs, sparklers or other devices of like
construction and any devices containing any explosive or flammable compound,
or any tablet or other device containing an explosive substance, except that
the term "fireworks" shall not include any auto flares, paper caps
containing not in excess of an average of twenty-five hundredths of a grain
of explosive content per cap and toy pistols, toy canes, toy guns or other devices
for use of such caps, the sale and use of which shall be permitted at all times.
"Manufacturer" includes any wholesaler and any person who manufactures,
makes, constructs or produces any fireworks article or device.
"Person" includes an individual, partnership, firm, company, association
or corporation.
"Retailer" includes any person who sells, delivers, consigns or furnishes
fireworks to another person not for resale.
"Wholesaler" includes any person who sells, delivers, consigns, gives
or in any way furnishes fireworks to a retailer for resale. (Ord. O-86-7 §
2, 1986; Ord. O-81-78 § 2, 1981; Ord. O-74-38 § 1 (part), 1974).
5.20.020 Unlawful to sell or use fireworks.
Except as provided in Sections 5.20.030 and 5.20.040, it is unlawful in the
city for any person to:
A. Use or explode any fireworks; or
B. Offer for sale, expose for sale or sell any fireworks; or
C. Have fireworks in his possession with intent to offer the same for sale.
(Ord. O-74-38 § 1 (part), 1974).
5.20.030 Applicability.
This chapter shall not be construed to prohibit:
A. Any person, including a manufacturer, who has first obtained a license to
sell display fireworks in accordance with the provisions of this chapter, from
offering for sale, exposing for sale, selling and having in his possession with
intent to offer for sale, or sell display fireworks to any municipality, fair
association, amusement park or other organization or group holding a display
permit issued as provided in this chapter, or to the Colorado State Fair and
Industrial Exposition Commission, or to any county or district fair duly organized
under the laws of this state;
B. The manufacture or wholesale of fireworks, or any phase thereof, which are
of concern is subject to the sole authority of the Secretary of State of Colorado;
C. Any person from using or exploding fireworks in accordance with the provisions
of any public display permit issued as provided in this chapter, or as part
of a supervised public display of any county or district fair organized under
the laws of this state;
D. Any person from using, exploding, selling or offering for sale any fireworks
when such is done for a legitimate purpose other than for the purposes of display,
exhibition, noise, amusement or entertainment; provided, however, it shall be
the burden of those using, exploding or selling fireworks to prove their purpose
was a legitimate and permitted one. Such permitted legitimate purposes shall
include, but not be limited to, the following:
1. The explosion of blank cartridges for a show or theater or for signal or
ceremonial purposes in organized athletics or sports,
2. The sale or use of model or educational rockets which utilize a replaceable
engine or motor cartridge or nonmetallic construction, containing less than
two ounces of propellant and designed to be launched by an electrical ignition
system and which contain a parachute or other means for safe recovery of the
rocket vehicle,
3. The importation, purchase, sale or possession of fireworks which are used
or to be used solely to prevent damage to crops by animals or birds. (Ord. O-74-38
§ 1 (part), 1974).
5.20.040 Public displays.
The city may grant permits within the city boundaries for supervised public
displays of fireworks by fair associations, amusement parks or other organizations
and groups, subject to the rules and regulations hereinafter set forth. (Ord.
O-74-38 § 1 (part), 1974).
5.20.050 Application for permit.
Any fair association, amusement park or other organization or group desiring
to conduct a supervised public display of fireworks shall apply in writing to
the City Clerk for such a permit not less than thirty days in advance of the
date of the display. Such application shall be accompanied by a nonrefundable
application fee of twenty-five dollars; and such application shall contain the
following information:
A. The name of the organization sponsoring the display, together with the names
of persons actually in charge of the display;
B. The date and time of day at which the display is to be held;
C. The exact location planned for the display;
D. The name of the competent fireworks operators who are to supervise discharge
of the fireworks;
E. The type and class of fireworks to be discharged and the number of set pieces,
shells (specifying single or multiple break) and other items including experimental
or model rockets or missiles;
F. The manner and place of storage of such fireworks prior to and during the
display;
G. A diagram of the grounds on which the display is to be held showing the point
at which the fireworks are to be discharged, the location of all buildings,
highways, and the location of all nearby trees, telegraph or telephone lines,
or other overhead obstructions;
H. Proof that satisfactory compensation insurance is carried for all employees;
I. Proof of public liability insurance with the same limits and coverage as
are set forth in Section 5.20.120, protecting the city, applicant, manufacturer,
wholesaler, seller, supplier and property owner, and operators of the display
from liability. (Ord. O-74-38 § 1 (part), 1974).
5.20.060 Investigation.
On receipt of any such application, the City Clerk shall provide to the Police
Department and the Fire Department or fire protection district within which
the proposed location lies, a copy of the application together with a request
that an investigation of the location of the proposed display be conducted for
the purpose of determining if the fireworks will be of such character or so
located as to be hazardous to property or dangerous to any person. Before a
permit is granted, the location and handling of the display shall be approved,
after investigation, by the Chief of Police and the Chief of the Fire Department
or the fire protection district in which the display is to be conducted, or
their authorized agents. The Chief of Police and the Chief of the Fire Department
or fire protection district concerned or their authorized agents shall be requested
to report to the City Clerk with respect to the results of their investigations
and shall further be requested to make recommendations for the granting or denial
of the permit, and recommendations with respect to the prescribing of reasonable
conditions for the display, taking into account locations, parking of vehicles,
controlling spectators, storage and firing of fireworks, and precautions in
general, against danger to life and property from fire, explosion or panic.
No permit for public display shall be granted if the operator and the location
in the handling of the display are not approved by the Chief of Police and the
Chief of the Fire Department or the fire protection district in which such display
is to be located or their authorized agents. No permit for public display shall
be granted where discharge, failure to fire, faulty firing or fallout from any
fireworks or other objects would endanger persons, buildings, structures, woods
and trees, brush, parks or other grass-covered land. (Ord. O-93-64 § 23,
1993; Ord. O-74-38 § 1 (part), 1974).
5.20.070 Competent fireworks operators.
No public fireworks display permit shall be granted unless at least two experienced
fireworks operators are provided. Both operators shall:
A. Be responsible for, and have charge of, the display with respect to preparation
for transporting, unloading, storing, preparing special effects, set and mechanical
pieces, setting mortars and rocket launchers, loading, arming, firing and disposing
of all unfired or defective (dud) rockets, missiles and fireworks articles or
items;
B. Be responsible for setting all fireworks including mortars, finale batteries
(hedgehogs) and rocket launchers at locations designated by the fire department
or fire district, and take into account wind direction and velocity predicted
for the firing time in setting the firing angles. Shells, rockets and missiles
shall not be permitted to cross or burst above areas occupied by persons;
C. Be responsible for acts of all persons employed in connection with fireworks
for the display. He shall have authority to dismiss or discharge any employee
or person, whether remunerated or not, at any time during the operation of the
display who, through smoking, drinking, carelessness or negligence or any other
act, endangers the safety of himself, any other person or any property. (Ord.
O-93-64 § 24, 1993; Ord. O-74-38 § 1 (part), 1974).
5.20.080 Spectators.
Spectators at public displays of fireworks shall be restrained behind lines
or barriers as designated by local authorities. Only authorized persons and
those in actual charge of the display shall be allowed inside these lines or
barriers during the unloading, preparation or firing of fireworks. (Ord. O-74-38
§ 1 (part), 1974).
5.20.090 Issuance of permit.
If the required approval of the Chief of Police and Chief of the Fire Department
(or their authorized agents), or any of them, is not received by the City Clerk,
no permit shall issue; however, if such approval is received, the City Clerk
shall issue a public fireworks display permit, subject to such reasonable conditions
as may be prescribed by the Chief of Police or by the Chief of the Fire Department
or the fire protection district in which the display is to be conducted, if
all requirements of this chapter are met. (Ord. O-93-64 § 25, 1993; Ord.
O-74-38 § 1 (part), 1974).
5.20.100 Conducting displays and prohibition.
The display shall be conducted only at such times, at such places and pursuant
to such conditions as may be prescribed by the Chief of Police or the Chief
of the Fire Department or the fire protection district in which the display
is to be conducted. No public display of fireworks shall be conducted by any
person or organization without a duly issued public display permit issued as
provided for in this chapter. (Ord. O-93-64 § 26, 1993; Ord. O-74-38 §
1 (part), 1974).
5.20.110 Transferability.
No public fireworks display permit shall be transferable or assignable. (Ord.
O-74-38 § 1 (part), 1974).
5.20.120 Liability insurance.
Each applicant for a public display permit shall file with the City Clerk, prior
to the issuance of any such permit, a policy of public liability insurance,
in form satisfactory to the City Clerk, with coverage of at least three hundred
thousand dollars and a policy of property damage insurance in the amount of
at least one hundred thousand dollars, all protecting from liability the applicant,
the manufacturer, the supplier, the seller, the buyer, the property owner, the
user, and the city. (Ord. O-89-29 § 1, 1989; Ord. O-87-33 § 1, 1987;
Ord. O-74-38 § 1 (part), 1974).
5.20.140 Sale of display fireworks at retail.
It is unlawful for any person to sell or offer to sell at retail in this city
any fireworks which are to be used for display purposes until he first obtains
a permit for the sale of display fireworks at retail from the city. (Ord. O-74-38
§ 1 (part), 1974).
5.20.150 Application for permit to sell display fireworks
at retail.
Any person, partnership, association or corporation desiring to obtain a fireworks
sale permit shall file an application therefor with the City Clerk, which application
shall be accompanied by a nonrefundable application fee of fifty dollars and
which shall contain the following:
A. Name and address of applicant;
B. If applicant is a corporation, the names and addresses of the principal officers
of the corporation and the name of the person who will manage, be responsible
for and be in charge of the sale of fireworks;
C. If the applicant is a partnership, the names and addresses of the partners
and the name and address of the person who will be in charge of and supervise
and manage the sale of display fireworks;
D. Location where the applicant will sell display fireworks;
E. The manner and method of proposed sales at retail of display fireworks;
F. Such other information as the City Clerk may require to make, or aid in,
the investigation required by Section 5.20.160. (Ord. O-74-38 § 1 (part),
1974).
5.20.160 Investigation.
Upon receipt of an application for a permit to sell display fireworks at retail,
the City Clerk shall refer the same to the Chief of Police and the Chief of
the Fire Department or fire protection district within which the location named
in the permit lies with a request that they determine whether the applicant
can safely engage in the sale of such fireworks at the location named in the
application. (Ord. O-93-64 § 27, 1993; Ord. O-87-33 § 3, 1987; Ord.
O-74-38 § 1 (part), 1974).
5.20.170 Issuance of license.
If the City Clerk receives a report from the Police Department or the Fire Department
or fire protection district concerned, approving the issuance of the license
on the basis of the criteria set forth in Sections 5.20.150 and 5.20.160, the
City Clerk, upon payment of a license fee of twenty-five dollars for each location
at which display fireworks shall be sold at retail, shall issue a permit for
the sale of display fireworks at retail which shall be valid for a period of
twenty months from the date of issuance. Each separate permit issued shall apply
and be valid only with respect to the location for which it is issued. If the
report of the Police Department or the Fire Department or fire protection district
indicates that the criteria set forth in Section 5.20.160 are not met, then,
and in that event, no license shall be issued. (Ord. O-93-64 § 28, 1993;
Ord. O-87-33 § 4, 1987; Ord. O-74-38 § 1 (part), 1974).
5.20.180 Limit on location and transferability.
A fireworks sale permit shall be valid only for the premises or location for
which it is issued. Such permit or permits shall not be transferable, assignable
or renewable. (Ord. O-74-38 § 1 (part), 1974).
5.20.190 Filing application.
Each application for a fireworks sale permit shall be filed with the City Clerk
on or before June 20th of the calendar year in which the permit is sought. (Ord.
O-74-38 § 1 (part), 1974).
5.20.200 Insurance for sales at retail.
Every applicant for a permit to sell display fireworks at retail shall comply
within the insurance requirements in the amount set forth in Section 5.20.120.
(Ord. O-93-64 § 29, 1993; Ord. O-74-38 § 1 (part), 1974).
5.20.210 Seizure of fireworks.
The Chief of Police or any authorized agent of the City shall seize, take and
remove at the expense of the owner or possessor all stocks of fireworks stored
or held in violation of this chapter. (Ord. O-93-64 § 30, 1993; Ord. O-74-38
§ 1 (part), 1974).
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