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HomeMy WebLinkAbout1968 Ordinance No. 033I I :1 Introduced a• a Bill by councilman Parkinaon. By Authority ORDillAllCB a>. 33, SBRIBS OP 1968 All ORDillAllCB MDDillG CllAP1'BR 12 OP 'l'BB llUllICIPAL CODB OP TllB CITY OP BRGLBllOOD, COLORADO, BY TllB ADDJ'l'IO• '1'llBRB'1'0 OP 112.20 TBROUGB, AllD IllCLUDillG 112.28, PROBIBI'l'Im '1'BB SALB OP •DAJIGBROUS PIRE- 111DRD •, AS DBPDIBD 'l'BBRBm s RBGULA'l'IllG AllD LICBSSDG '1'BB SALB OP •SAFE AllD 8AllB PIRmK>JtKS•, AS DBPDIBD 'l'BBRBI9J RllCRJL&'l'IllG AllD LICBRSDG PUBLIC OR PRJVA'l'B DISPLAYS OP PJRBIK>RKSJ AllD PROVD>DIG IOR PBDL'l'JBS POR ITS VJOLATJOllS. BB I'l' ORDADIBD BY TllB CI'l'Y COUllCIL OP 'l'BB CI'l'Y OP BRGLB1IOOD, COLORADO, a• followas Sect:ion 1. Chapt:er 12 of the Municipal Code of the City of Bnglewood la hereby ... nded by the addition thereto of new 1112.20 through, and including, 1112.28 which •hall read a• followas •112.20 Applica))ilitx '!he proviaion• of 112.20 through, and including 112.28 shall apply to the poaaeaaion, aale or uae by any per•on, partnerahip, association or corporation of any "fireworka" a• that term i• defined in 112.28 within the corporate boundarie• of the City of Bnglewood, Colorado: provided, however, that none of the provi•ion• thereof •hall be conatrued to apply to, or to prohibit, any of the followings · (a) '!he aale, poaaeaaion, atorage or uae of railroad tract torpedoear (b) 'lhe aale, poaaeaaion, atorage or uae of flaahlight can- poaition by photographer• or dealer• in photographic supplies: (c) '!he poaaeaaion or atorate of any firework• by any whole- aaler thereof, or the aale by auch wholeaaler to another whole- aaler or to a retailer conducting a retail buaine•• solely outaide the corporate boundarie• of the City of Englewood. (d) 'fh• po••e••ion of fir.work• for the aole purpo•e of inaediate ahipment: or r..oval of the •-, by the peraon, partnership, aaaociat:ion, or corporation to a location outaide the City of Bnglwood. 112.21 pefinitiona. Por purpo••• of the proviaion• of 112.20 through, and including, 112.28, the following word•, tera• and pbra••• •hall be de .. ed to carry the following definition•, or ~o include the followings (a) •pirework•• •hall include blank cartridge•, toy pistols, toy cannon•, toy cane• or t:oy gun• in which exploaives are used, fire balloon• (balloon• of a type which have burning material of any kind attached thereto or which require fire underneath to propel th .. ), firecracker•, torpedoea, akyrockets, rockets, Rallan Candle•, fountain•, wheel•, Dago ballba, •parklers, other firework• of like conatruction and any fir.work• containing any CCllbuatible or exploaive aubatance for the purpose of pro- ducing a viaible or audible effect by canbuation, def lagration, exploaion or detonation. '!he tem shall not include toy piatola, toy cannon•, toy canes., toy gun• and •iailar device•, auch a• party popper• or party favor•, in which paper cap• containing no~ JDOre than twenty five hundredt:h• (.25) grain of exploaive COlllpound per cap are used, whether auch cap• are of the aingle, roll or tape type. (b) "Dangerou• Pirework•" include any of the followings (i) Pirecrackera, cannon cracker•, giant cracker•, salutes, •ilver tube aalutea, cherry bollba, mine•, ground bombardllaent, gra••-hopper• and other explo•ive articles of aiailar nature: (ii) Blank Cartridge•: (iii) Skyrocket• and rocket•, including all aimilar devices .. ploying any cClllbuatible or exploaive material and which riae in the air during diacharge: (iv) Raaan Candle•, including all device• which discharge ball• of fire into the air: (v) Chaaer• and whiatlea, including all devices which dart or travel about the •urf ace of the ground during di•charge1 (vi) Snake• and hat• containing bichloride of mercury, (vii) Sparkler• more than ten (10) inch•• in length or one-quarter (1/4) inch in di ... ter or made with other than iron wire•1 (viii) All article• or pyrotechnic di•play •uch a• aerial 8hella, aalute•, flaah ahell•, •ky battle•, parachute ahella, ainea, Dago balba and •imilar devices1 (ix) All torpedoe• which explode by mean• of friction, or vhich contain ar•enic, and all other •imilar fireworks device• including cracker ball•1 (x) Fir• balloon• or balloon• of any type which have burning material of any kind attached thereto1 (c) •safe and Sane Firework•• include any of the following: (i) cone fountain• with pyrotechnic ccmpo•ition not exceeding fifty (SO) gr ... each1 (ii) Cylindrical fountain•, whether baae, spike or handle, with pyrotechnic ccmpo•ition not exceeding aeventy- five (75) gr ... each and in•ide tube diameter not ex- ceeding tbreewquartera (3/4) inch1 (iii) Sparkler• and •dipped aticka• not more than ten (10) inch•• in length or one-quarter (1/4) inch in diameter made on·•teel or iron wire and Suzuki and Morning Glori•• with phrotechnic ccmpoaition not exceeding four (4) gr ... each1 (iv) Snake• which do not contain more than two (2) grams each of bichloride of mercury or pyrotechnic composition: (v) 11heel• with pyrotechnic ccmpo•ition not exceeding sixty (60) grain• for each driver unit or two hundred and forty (240) grain• for each complete wheel. The inside tube di ... ter of drive unit •hall not exceed one-half (1/2) inch1 (vi) Whi•tlea, without report and which do not dart or travel mbout the ground during di•charge with pyrotechnic caapoaition not exceeding •ix (6) gram• and containing no picric or gallic acid. 112.22 paggerou• Firework• Unlawful. Subject to the proviaiona of 112.27, no per•on, partnerahip, aaaociation or corporation •hall po•••••, •tore, keep, •ell, u•e, or permit the •toring or keeping, of any dangerou• fir.work•. . 112.23 Licenae for Safe and Sane Fir9WOrk•. 112.23-1 Unlicenaed Act• unlawful. Bo per•on, partner•hip, aaaociation or corporation ahall import, export, •ell, offer, to •ell or po••••• for purpoae of •ale any •afe and •ane firework• for any u•e or purpo•e, without fir•t having received a •rire work• Sale Permits therefore. 112.23-2 Application for Permit. Any peraon, partnerahip, aaaociation or corporation deairing to obtain a Firework• Sale Permit •hall file an application therefore with the Chief of the Fire Department, which application ahall be accaapanied by an application fee of fifty dollars ($50.00) and which ahall contain the following: (a) •-and addre•• of applicant. (b) 'ftle n .. aa and addre•••• of the officer•, if any, of the applicant. (c) Location where the applicant will •ell fireworks. (d) When the applicant waa organized and eatabliahed. (e) The n .. e and addr••• of any wholeaaler or distributor fran wham the retailer propo••• to purchaae firework• for re-sale. I I 'I I • (f) 'lhe applicant'• State Sale• Tax Permit llumber. (g) 'l'he manner, method and time•, when and how the applicant propo••• to aell •aafe and aane• firework•. (h) Such other information a• the Chief of the Fire Department may require to make the inveatigation required by 112.23-3. 112.23-3 Inveati9ation. 'l'he Chief of the Fire Department •hall cauae an investigation to be made of the applicant and of the location which is named in the application and, if he conclude•Ithat the applicant can aaf ely engage in the aale of firework• at the location named in th• application, the applicant •hall be iaaued a •Fireworks Sale Peaait.• If any application i• denied, the applicant shall have hi• application fee returned. 812.23-4 Limit on Location. A •FirtNOrk• Sale Permit• •hall be valid only within the calendar year in which iaaued. Only thr.. (3) pezmit• •hall be issued to any applicant, and auch permit or pemita •hall be valid only for the pr-1••• or location for which iaaued. Ro permit •hall be trana~erable, aaaipable or renwable. 112.23-5 Tiae for Application. Bach application for a pemit to ••11 •aafe and sane" fireworks at retail •hall be filed with the Chief of the Fire Department on or before June lat of the calendar year for which the permit i• aought. · 112.23-6 Clean-Up Bond. Bvery pezmit•• ahall poat with the Director of Finance a cash bond or caah depoait in the 11110Unt not l••• than $100.00, or other auch aecuri ty a• may be acceptable to tm :Director of Finance, conditioned upon th• prc:apt r..ovabl• of any temporary firework• atand and the cleaning up of the debria frcm the site of any t-porary firework• atand, which depoait or aecurity shall be returned to the peraitee only in the event he rmoves said t .. porary f ireworka atand and clean• up all debria to the aatiaf action of the Director of Pinanae and th• Chief of the Fire Department of th• City of Bn9l.wooct. In the event of the perait••'• failure to ao r.-ove th• atand and debria, said cash bond or depoait ahall be forfeited to th• City of Bnglewood. In no event ahall the perait .. be mtitled to the return of said ca•h bond or caah depoait if he fail• to remove •aid temporary f ireworka atand and ha• not cleaned up all debri• by noon of the 10th day of July of the year in which th• perai.t ia granted. 112.23-7 Liability Inaurance. · Bach applicant for a •Firework• Sal• Peaait• ahall file with the Director of Finance prior to the iaauance of any permit, a policy of public liability inaurance with coverage of at least $100,000/$300,000 and a policy of property d ... ge inaurance with with at leaat $25,000 and a product• liability policy of at leaat $300,000. ·-'!b•.llPflicant for ~ pez8tt 8ball be ·~ponaible for t:h• procuring of th• nec•••ary inaurance to include coverage therein to protect the applicant, the aanufacturer, the supplier, the ••ller, the buyer, the uaer and th• City of Bnglewood. 112.23-8 Building Permit•. Bach applicant •hall obtain and preaent a buildi~g permit for the atand to be erected on the location aet forth in the appli- cation frma the Building Departaent of the City of Bnglewood to be aublaitted with their application. 112.24 Regulation• for Sale of Safe !Qd •an• Fireworks. All aalea of aafe and aane f ireworka purauant to a •Fireworks Sale Permit• iaaued under the proviaiona of 112.23 ahall be made only in accordance with the following regulationa1 (a) All aalea •hall be at retail by the applicant at the location aet forth in the perait1 (b) Ro •aafe and aane• firtNOrk• •hall be •old or offered for •ale except frcm 12100 noon on the 20th day of June to midnight on the 4th day of July of each year. (c) All retail aalea of •aafe and aane• firework• shall be permitted only frcm within a temporary fireworks stand, and the aale f raa any other buildinq or atructure i• hereby pro- hibited. Teaporary atanda •hall be aubject to the following proviaiona1 (i) Ro firework• atand ahall be located within 25 feet of any other buildinqr nor within 100 feet of any gaso- line atationr nor within 300 f••t of any auch other fire- work• atand. (ii) All atanda •hall meet the atructural atability require- ment• and the requir .. enta for electrical circuits and equipaent required by the buildinq code of the City of Englewood. (iii) 'fbe exterior of th• 8tand ia to be covered with aheet metal or non-ca111 fire reaiatant plywood, except that the front aay be opened for public diaplay of the firework• provided that the lower portion be covered with aheet .. tal or non-ca111 plywood to a ainimum height of 3 f .. t and the diaplay portion be acr .. ned with hardware cloth with a meah no larger than 1/4 inch by 1/4 inch, the top of which ahall be no lower than 4 feet 6 inches overall with a horizontal ahelf at leaat 6 inches in width to preclude the handlinq by the qeneral public of the firework• durinq their diaplay for aale. (iv) Bach atand ahall have exit door• at leaat 30 inches wide at both end• of the atructure and one additional door for each 25 feet of rear wall in exceas of 25 feet. All door• ahall open outward f rcm the atand and all door- way• •hall be kept free and clear f rCD all supplies and aateriala at all tillea. (v) Bach atand ahall be provided with two (2) 2 1/2 gallon water type fire extinguiahera, in qood working order, and eaaily acceaaible for uae in ca•• of fire. (vi) 'there ahall be at leaat one auperviaor, 21 years of age or older, on duty at all ti.Ilea. Ro peraon under 16 year• of age ahall be allowed inaide the atand at any time nor ahall any peraon under 16 year• of age work at or about any pr..taea where •aafe and aane• firework• are sold or offered for •ale. (vii) Ro peraon .. ployed aa a watchman ahall be permitted to r ... in inaide of any atand when it ia not open for buaineaa. (viii) 80 SllOICDIG aiqna •hall be praninently displayed, both inaide and outaide the atand. Ro amokinq ahall be peraitted within the atand, or within 15 feet of the atand. (ix) Bo stand ahall be erected before June 14th of any year. The prmaiaea on which the atand ia erected ahall be cleared of all atructurea and debria, not later than noon of the 10th of July. (x) Bo peraon ahall allow any rubbiah to accumulate in or around any firework• atand or permit a fire nuiaance to exiat. · (xi) Bo firework• ahall r .. ain unattended at any time reqardl••• of whether the f ir.worka atand is open for buaineaa or not. If any firework• are atored, they shall only be atored at auch place• a• are approved for storate of firework• by the City Pire Inapector. (d) 'l'h• fuae of all f ireworka offered for aale or on display will be cappted, taped, or covered except thoae in a sealed carton or container•. · 112.25 Revocation of Permit. Should any licenaee fail to caaply with any provision of 112.24, the Chief of the Fire Department ahall forthwith and aUJ11Darily revoke the Pire Work• Sale Permit in which event the permitee shall illllediately ceaae the aale of f ir.worka and ahall iDlnediately dis- llafttle and remove the t .. porary atand. 112.26 Diacharge of Firework• In or ••ar Stand. Ro peraon ahall diacharqe any firework• in, or within 25 feet of, any atand where firework• are offered for aale. I I I I 112.27 Public DieplaYf. Public dieplay• of either dangeroua or •afe and •an• fireworks aay be conducted only if th• pereon, partnerehip, a••ociation or corporation de•iring to conduct •uch dieplay applie• for, and receive• a •Public Firework• Di•play .. aatt• in accordance with the provieion• of thi• eection. 112.27-1 Application for P!Zllit. Any per•on de•iring to conduct a public di•play of fireworks •hall •ubait an application therefor to the Chief of the Fire Department, together with an application fee of $50.00, which application •hall contain th• follOWiDCJ information. (a) th• n .. e of th• organisation epon.oring the di•play, to- gether with the n .. •• of pereon• actually in charge of the dieplay. (b) 'lb• date and ti.Jae of day at which the dieplay is to be held. (c) th• exact location planned for the di•play. (d) 'the n... of the pyrotechnic operator who is to supervise di8Charge of the firework•. (•) the cla•• of firework• to be di8Charged and the number of ••t piece•, •hell• (•pecifying eingle or multiple break), and other it .. • including experiaental or model rockets or mi••il••· (f) 'the manner and place of •torage of euch fireworks prior to and during the di•play. (g) A diagram of the ground• on which the di•play is to be held ehowing the point at which the firework• are to be discharged, the location of all building•, highway•, and other lines of cClllllunication, the lines behind which the audience will be reatrained, the location of all nearby tree•, telegraph or tele- phone line•, or other overhead ob•truction. (h) Proof that •atiefactory cClllpenaation in•urance is carried for all .. ployee•. (t) Proof of public liability ineurance in an amount of not less than $50,000. 112.27-2 Inve•tigation. 'the Chief of the Fire Department •hall make, or cause to be made, inve•tigation of •ite of the propo•ed di•play for the purpose of detenainin9 if the firework• will be of auch a character or so located a• to be haaardou• to property or dangeroua to any person. Be ehall, in the exerci•e of reaeonabl• di8Cretion, grant or · deny the application eubject to reaeonable conditions, if any, a• he may pre•cribe, taking into account location•, parking of vehicle•, controlling epectator•, •torage and firing fireworks, and precaution• in general againet danger to life and property from fire, explo•ion, and panic. Ro .permit for public display aay be granted where the di•charge, failure to fire, faulty firing, or fallout of any firework• or other object s would endanger per•on•, building•, •tructuree, fore•ts, brush, or other graes covered land. 112.27-3 PY!Otechnic Operator•. Ro •Public Firework• Di•play Permit• •hall be granted unless at lea•t two experienced pyrotechnic operator• are provided. Both operator• •halls (a) Be re•pon•ible for, and have charge of, the display with re•pect to preparation for tranaporting, unloading, storing, preparing •pecial effects, set and mechanical pieces, setting mortar• and rocket launcher•, loading, arming and firing and di•po•ing of all unfired or defective (dud) rockets, missiles and firework• article• or it .. •r (b) Be reepon•ible for ••tting all firework• including mortars, finale batterie• (hedgehog•) and rocket launchers at locations deaignated by the authority having juri•diction and take into account wind direction and velocity predicted for the firing time in .. tting the firing angl••· Shell•, rocket• and/or mi••il•• •hall not be permitted to cro•• or bur•t above areas occupied by per•on•r (c) Be held re•pon•ible for act• of all per•on• .. ployed in connection with firework• for the diaplay. Be •hall have authority to dimli•• or di•charge any .. ploy.. or per.on whether remunerated or not at any tiae frCID delivery to final firing of the display who, through molting, drinking, carel•••n••• or negligence or any other act, endanger• the •afety of hia•elf, any other per80ll, or any property. 112.27-4 Spectators. Spectator• at public displays of firework• shall be restrained behind line• or barrier• as d••ignated by local authorities. only authorized persona and tho•• in actual charge of the diaplay shall be allowed inside the.. line• or barriers during the unloading, preparation, or firing of firework•. 112 .27-5 Conduct"• Di•play. 'the display •hall be conducted only at •uch tiaea, at such sites and pur•uant to •uch condition• and specifications as to discharge as may be prescribed by the Chief of the Pire Departllent. 112.28 Penalties. Any violation by any.,peraon, partner•hip, association or corpora- tion of any provision of 112.20 thrOUCJh, and including, 112.27 ahall be de .. ed a violation of a •unicipal ordinance and shall aubject •uch violator• to the penalties prescribed by Chapter 27 of the Municipal COde of the City of ~9lewood." Introduced, read · in full and pa••ed on first reading on the 16th day of Septmlber, 1968. · Publiahed a• a Bill for an Ordinance on the 19th day of September, 1968. Read by title and paa•ed on final reading on ·the 7th day of October, 1968. Publiahed a• Ordinance Ro. 33, Seri•• of 1968, on the 10th day of October, 1968. ~ /--" Jlayorr Attests I, Stephen A. Lyon do hereby certify that the above and foregoing i• a true, accurate and complete copy of Ordinance Ro. 33, Series of 1968, published on the 10th day of October, 1968. Attests -Trea I I .