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HomeMy WebLinkAbout027 - 04/23/1970 - RELATING TO THE SALE, POSSESSION, USE, DISTRIBUTION AND MANUFACTURE OF FIREWORKS IN THE CITY (EMERGE ORDINANCE NO. 27, 1970, BEING AN ORDINANCE RELATING TO THE SALE, POSSESSION, USE, DISTRIBUTION AND MANUFACTURE OF FIREWORKS IN THE CITY OF FORT COLLINS.AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE COUNCIL OF THE CITY. OF FORT COLLINS: Section 1. Scope. A. This ordinance shall apply to fireworks as hereinafter defined, except as provided in subsection B hereof. i B. Nothing contained in this article shall be construed to.prohibit any resident wholesaler, dealer, or jobber to sell at wholesale such fireworks as are not herein pro- hibited; or the sale of any kind of fireworks provided the same are to.be shipped directly out of state; in accordance with. the Interstate Commerce Commission Regulations covering the transportation of explosives and other dangerous articles by motor, rail, and water; or ' the use of fireworks by railroads or other transportation agencies for. signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. Such wholesalers, dealers, and jobbers shall store their supplies of fireworks in accordance with Section 12.7 of the Fire Prevention Code. Section 2. Definition. Fireworks shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article 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, the type of balloons which require fire underneath to pro- pel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other devices containing any explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap manufactured in accordance with the Interstate Commerce Commission Regulations for packing and shipping as providediherein, 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. Pyrotechnics (special fireworks) shall comply with- the applicable provisions of Article 12 of the Fire Prevention Code. Section 3. Manufacture, Sale and Discharge of Fireworks. A. The manufacture of fireworks is prohibited within the municipality. B. Except as hereinafter provided it shall be unlawful for any person to store, to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the Fire Chief or his designated representative may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals. Such permits may be granted upon application to the Fire Chief or his designated representative and after the filing of a bond by the applicant as provided hereinafter. Every such display shall be handled by a competent operator licensed or certified as to competency by the Fire Chief or his designated representative and shall be of such composition, character, and so located, discharged or fired as in the opinion of the Chief of the Fire Department, after proper inspection, and of the Chief of Police, shall not be hazardous to property or endanger any .persoh or persons . C. Application for permits shall be made in writing at least thirty (30) days in advance of the date of the display. After such privilege has been granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. D. The sale, possession, use and distribution of fireworks for display pur- poses shall be conducted so as to be reasonably safe to .persons and property. Evidence that the sale; possession, use and distribution of fireworks for display purposes has been conducted in accordance.with NFPA Publication No. 494,. Model State Fireworks Law, 1964 Edition, shall be evidence that such sale; possession, use and distribution of fireworks for display purposes provide reasonable safety to persons and property. Section 4. Bond and Responsibility. for Fireworks Display Required. A. The Chief of the Fire Department shall require a bond from the licensee in a sum not less than $1,000.00 conditioned on compliance with the provisions of this ordinance and the regulations of the Chief of the Fire Department adopted hereunder, provided that the City of Fort Collins shall not be required to- file such bond. B. Before any permit for a pyrotechnic display shall be issued, the person, firm, or corporation making application therefor shall furnish proof of financial respon- sibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm, or corporation or any agent or employee thereof, in such amount, character, and form as the Chief of the Fire Department or his designated representative determines to be necessary for the protection of the public. Section 5. Disposal of Unfired Fireworks. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining. Section 6. Seizure of Fireworks. The Chief of the Fire Department or any Fire Department officer or police officer shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this article. Section 7. Emergency. In the opinion of the City. Council an emergency exists for the actual preservation of the public peace, health; safety and property in that it is anticipated that fireworks in large quantities will be transported to the City of Fort Collins in the near future unless this ordinance is passed immediately; and, therefore, this ordinance shall take effect upon its passage under and by virtue of the authority contained in Sections 6 and 7 of Article II of the Charter of the City of Fort Collins. Introduced, read at length and adopted by the unanimous vote of all members of the city of Fort Collins City Council at a regular meeting held this 23rd day of April, A. D. 1970. May ATTEST: City Clerk -2-