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Show ORDINANCE NO. 82-37 AN ORDINANCE PROVIDING PRO-VIDING FOR THE REGULATION OF FIREWORKS WITHIN THE CORPORATE LIMITS OF VERNAL CITY. CI-TY. BE IT ORDAINED BY THE CITY COUNCIL OF VERNAL CITY, UTAH: REGULATION OF FIREWORKS Section 1. Authority & Purpose. This chapter is adopted pursuant to the provisions of Section 11-3-8, U.C.A. 1953, as amended, and is done for the purpose of regulating the sale, exposure for sale, use, distribution or possession of fireworks or pyrotechnics within Vernal Ver-nal City. Section 2. Sale or Use of Fireworks Declared Against Safety and Welfare. The sale, exposure ex-posure for sale, use, distribution or possession of fireworks or pyrotechnics within Vernal. Ver-nal. City, except as hereinafter provided, is hereby declared to be against the public health, safety and welfare of the people of Vernal City. Section 3. Definition. From and after the effective effec-tive date of this ordinance it shall be unlawful for any person, firm, partnership part-nership or corporation to offer for sale, expose for sale, sell, possess or use, or explode any toy cannon in which explosives are used; the type of balloon which requires fire - underneath to propel the same; firecrackers; torpedoes, sky-rockets, Roman Candles, bombs or other fireworks containing con-taining nitrates, chlorates, oxalates, sulphides, phosphorust or any compound containing any of the same or other explosives or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, detona-tion, other than aviation and railroad signal light flares, except as in this ordinance provided; provided, pro-vided, further, this ordinance or-dinance shall not prohibit the use of toy pistols, toy canes, toy guns or sparklers. Sparklers shall not include any firework which can be aimed, directionally pointed or for which the main purpose pur-pose is explosion and noise. The term sparkler shall not include any firework which leaves the ground, with the exception excep-tion of parachutes which carry no flares or flame into the air. The term sparklers shall not include in-clude any fireworks which are prohibited as setforth above. Section 4. Public Display, When Permitted-Permit. The governing body of Vernal City, notwithstanding any of the provisions of this ordinance to the contrar-ty, contrar-ty, may, upon application in writing, upon the posting of a suitable bond, grant a permit for the public display of fireworks. After such permit per-mit shall have been granted, sales, possession, posses-sion, use and distribution of fireworks for such display shall be lawful for that purpose only. Section 5. Application for Permit. All such applications ap-plications for permits shall set forth the date, the hour and the place of making such display, and the place of storing fireworks prior to the display; and further, the name or names of the person, per-son, persons, firm, partnership, part-nership, corporation, association or group of individuals in-dividuals making the display; and the name of i the person or persons in charge of the igniting, firing, fir-ing, setting off, exploding or causing to be exploded such fireworks. The location loca-tion of the storage place shall be subject to the approval ap-proval of the chief of the fire department of Vernal City. No permit granted hereunder shall be transferable. Section 6. License Requirements. Re-quirements. No person, firm, partnership or corporation cor-poration shall offer for sale or sell at retail within the corporate limits of Vernal City any sparklers without having first applied ap-plied for and received a business license allowing such commercial activity. activi-ty. Section 7. License Application. Ap-plication. All applications for a license to sell sparklers from approved temporary sparkler stands shall: (a) be made in writing accompanied by a fee of $150.00 per stand. Said fee shall apply in business operations maintained primarily for the sale of sparklers. (b) set forth the proposed propos-ed location of the sparkler stand. (c) include for delivery to the City Recorder insurance in-surance certificates evidencing public liability liabili-ty coverage in favor of the applicant in the amount of $1,000,000$3,000,000; and property damage coverage in favor of the applicant in the amount of $3,000,000. designating the City as an additional insured. Said insurance i!r: i 1 II : , cerimcaie snail inciuae a minimum of $1,000,000 product liability coverage. (d) include a statement that the applicant agrees to comply strictly with the terms of any license granted and to furnish any additional information informa-tion upon request. (e) include a sales tax permit. Section 8. Notice of Approval Ap-proval or Denial of License. Applicants for a license to sell at retail sparklers from approved temporary sparkler stand shall be notified by the City Ci-ty of approval or denial of a license application no later than (30) day after the application is originally made. Section 9. Temporary Sparkler Stand. Temporary Tem-porary stands erected for the purpose of selling sparklers shall be subject to the following regulations: regula-tions: (a) No sparkler stand shall be located within 25 feet of any other building nor within 100 feet of any gasoline pump, liquid petroleum tank or dispensing dispen-sing device. lb) Sparkler stands need not comply with the provisions of the building code, however, all stands shall be erected in a manner man-ner that will reasonably assure the safety of attendants atten-dants and patrons, (c) Each stand less than 24 feet in length must have at least 2 exits and each stand in excess of 24 feet in length must have at least 3 exits. All exits shall be spaced at approximately approx-imately equal distance apart and be in good working order. (d) Each stand shall be . provided with a 2-'2 gallon water pressure type fire extinguisher or equivalent, at 8 foot intervals inter-vals for the total length of the stand, and all such extinguishers ex-tinguishers shall be in good working order and easily accessible for use in case of fire. (e) All weeds and combustible com-bustible material shall be cleared from the location of the stand, including a distance of at least 50 feet surrounding the stand. (f) There shall be placed plac-ed on each side of the fireworks stand a sign stating as follows: "No Smoking Within 25 Feet of this Stand." (g) A sign prohibiting the discharge of any sparklers within 100 feet of a sparkler stand shall be prominently displayed. (h) There shall be at least one supervisor, 18 years of age or older, on duty at all times. All sparklers shall be effectively effec-tively kept away from any kind of self-service by the public, and shall be placed in a location which in unavailable and inaccessible inac-cessible to members of the public in capacitities other than as legal customers. No person under 14 years of age shall work at or about any stand where sparklers are sold or offered for sale. ( i ) Prior to the issuance of a license, each applicant appli-cant shall file with the City Ci-ty Recorder a cash deposit, certificate of deposit or surety bond made payable to the City in the amount of $100.00 per stand to assure compliance com-pliance with the provisions provi-sions of this section, including, in-cluding, but not limited to, the removal of the. stand and the cleaning of the site. In the event the permittee does not comply comp-ly or remove the stand or clean the site, the City may do so, or cause the same to be done by other persons, and the reasonable cost shall be a charge against the permittee per-mittee and his deposit or surety bond. (j) No person (s) shall sleep in a sparkler stand. (k) Sparkler stands erected for the specific purpose of selling sparklers shall be removed remov-ed no later than July 25th of each year. Section 10. General Requirements Re-quirements for the Sale of Sparklers. (a) Retail sales of sparklers within the corporate cor-porate limits of Vernal City Ci-ty shall be allowed during the following periods of each year: (1) between June 26th and July 4th, inclusive. (2) between July 22nd and July 24, inclusive. ( b ) No sparkler shall be sold to any person under 12 years of age. Section 11. Display of License and Sales Tax Permit. The license to sell sparklers and the sales tax permit shall be displayed in a prominent place in the sparkler stand. Section 12. Prohibition on Discharge. (a) It shall be unlawful for any person to ignite, explode, project or otherwise other-wise fire or use, or permit the ignition, explosion or projection of any sparkler upon or over or onto the property of another, or to ignite, explode, project or otherwise fire or make use of any sparkler within 20 feet of any residence, dwelling or other structure. struc-ture. (b) The Fire Chief or Chief of Police is hereby authorized to prohibit the sale or discharge of any sparkler should the Fire Chief or Chief of Police determine that an unreasonable fire hazard or personal safety hazard is created by the use of such sparkler. Section 13. Extent of Restrictive Provisions. (a) The restrictive provisions provi-sions of this chapter which limit the type of and manner in which sparklers may be sold in Vernal City shall not apply app-ly to the retail sale by established stores licensed licens-ed by Vernal City of snakes, wire coated with pyrotechnic substance which are denominated as "common sparklers", caps, party poppers and snappers. (b) Retail sale of sparklers by established - store licensed by Vernal City shall be in compliance com-pliance with all applicable ap-plicable sections of this chapter. Section 14. Penalties. Persons violating this chapter shall be deemed guilty of a Class B Misdemeanor. Misde-meanor. Section 15. Repealer. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or-dinance or of the Code hereby adopted are hereby repealed. Section 16. Severability. Severabili-ty. The provisions of this ordinance shall be severable; and if any provision pro-vision thereof, or the application ap-plication of such provision provi-sion under any circumstances cir-cumstances is held invalid, in-valid, it shall not affect any other provision of this ordinance or the application applica-tion in a different circumstance. cir-cumstance. Section 17. Effective Date. This ordinance shall take effect on the day after publication, the 5th day of June, 1982. PASSED, ADOPTED AND ORDERED PUBLISHED by the City Council of Vernal, Utah, this 2nd day of June, 1982. SAMUEL SNYDER Mayor PEGGY KAPANUI Deputy City Recorder Published in the Vernal Express June 4, 1982. |