The text
4-3-1: - RETAIL SALES; PERMIT REQUIREMENTS; REGULATIONS:#
A.
Special Permit Required: No persons shall sell or offer for retail sale any fireworks within this city without first obtaining a special permit therefor in accordance with the provisions of this section.
B.
State Statutes Adopted: Utah Code Annotated sections 11-3-1 et seq., and 53-7-201 et seq., are hereby adopted by reference.
C.
Application: Any person seeking a special permit for the retail sale of fireworks within this city shall file a written application on a form to be adopted by the city administrator. Said application shall be accompanied by a copy of the applicant's state sales tax license and a permit fee in the amount provided for in section 1-12-2 of this code. All applications for special permits shall be referred to the building official, who shall issue the special permit if all provisions of this chapter are fully complied with.
D.
Display of Permit: The special permit for fireworks issued by the city shall be available at the store or stand for presentation upon request to duly authorized public safety officials.
E.
Revocation or Suspension of Permit: This city may revoke or suspend the permit and confiscate merchandise when this section is violated.
F.
Supervision Required: All fireworks retail sales locations shall be under the direct supervision of a reasonable person who is sixteen (16) years of age or older. A salesperson shall remain at the sales location at all times unless suitable locking devices are provided to prevent the unauthorized access to the merchandise by others or the merchandise is removed.
G.
Purchaser's Age: Fireworks shall not be sold to any person under the age of sixteen (16) years, unless accompanied by an adult.
H.
Construction of Stands: Buildings and temporary outdoor stands for the retail sales of fireworks shall be constructed in compliance with the ordinances of this city.
I.
Combustible Materials: All retail sales locations shall be kept clear of dry grass or other combustible material for a distance of at least twenty-five feet (25') in all directions.
J.
Storage Prohibited in Residential Areas: Storage of fireworks for sale shall not be located in residential areas.
K.
No Smoking: Smoking shall not be permitted within fifty feet (50') of any fireworks, either on display for retail sale or being stored. "Smoking prohibited within 50 feet" (or similar wording) signs shall be conspicuously posted at all sales and storage locations.
L.
Sign Indicating Dates of Authorized Discharge: A sign, clearly visible to the general public, shall be posted at all fireworks sales locations indicating the legal dates for discharge of fireworks.
M.
Fire Extinguisher Required: All retail sales locations shall be equipped with a fire extinguisher that has an approved portable rating of at least 2A:10BC.
N.
Hazard Not Allowed: No amount of retail storage or retail sales of class C fireworks shall, by its presence, create a distinct hazard to the life or safety of the customer, employee or property.
O.
Storage in Permanent Structures: In all retail sales locations in permanent structures, the area where fireworks are displayed or stored shall be at least fifty feet (50') from any flammable liquid or gas, or other highly combustible material. Fireworks shall not be stored (including stock for sale) near exit doorways, stairways or in locations that would impede egress.
P.
Sale in Packaged Units: Fireworks shall be stored, handled, displayed and sold only as packaged units inside buildings.
Q.
Two Exit Doors Required: Each temporary outdoor stand shall have a minimum of two (2) approved exit doors which swing out at opposite ends of the stand. Door locking devices, if any, shall be easily released from the inside without special knowledge, key or effort.
R.
Unobstructed Aisle Required: Each temporary outdoor stand shall have a minimum three foot (3') wide unobstructed aisle, running the length of the stand, inside and behind the counter.
S.
Customer Not to Handle: The "pass-through openings" for sales of fireworks in temporary outdoor stands shall be arranged to permit the customer to view the merchandise for sale but prevent the touching or handling of nonprepackaged fireworks by the customer.
T.
Location of Temporary Stands: Temporary outdoor stands for the sale of fireworks shall be located in properly zoned areas, at least twenty-five feet (25') from other fireworks stands, LPG flammable liquid or gas storage and dispensing units.
U.
Overnight Storage: If the temporary outdoor stand is used for the overnight storage of fireworks, it shall be equipped with suitable locking devices to prevent unauthorized entry.
V.
No Open Flame: Temporary outdoor stands shall not be illuminated or heated by any device requiring an open flame or exposed heating elements. All heaters and lighting devices shall be approved by the authority having jurisdiction.
W.
Penalty: Any person who violates any subsection of this section shall be guilty of a class B misdemeanor, and upon conviction, such person shall be punished as provided in section 1-4-1 of this code.
(Ord. 810, 7-17-2012)
4-3-2: - USE OF FIREWORKS:#
A.
Definitions: The city hereby adopts by reference the definitions set forth in Utah Code Annotated section 53-7-202 as if fully set forth herein.
B.
Use Restrictions:
1.
It shall be unlawful for any person to use, explode or discharge any fireworks within the city other than those defined in state statute except as provided in the most recently adopted international fire code, and Utah Code Annotated sections 11-3-1, 53-7-222, and 53-7-226. Any homeowner, property owner or renter over eighteen (18) years of age who knows that a person under eighteen (18) years of age is using, exploding or discharging any fireworks other than those defined in state statute on property under the adult's ownership, control or supervision and permits that activity to continue, shall be guilty of violating this section.
2.
The use of fireworks in certain areas designated and noticed by the city council and published by the fire chief as unsafe is also prohibited.
C.
Time for Use of Fireworks: The fireworks defined in state statute may be used, exploded or discharged only during the three (3) days prior to, on the day of, and three (3) days following July 4, July 24, January 1 and the Chinese New Year. Hours of use shall not extend past eleven o'clock (11:00) P.M. except on July 4, July 24, January 1, and the Chinese New Year when the hours of use shall be extended to twelve o'clock (12:00) midnight.
D.
Penalty: A violation of this section is a class B misdemeanor, punishable as is provided in Section 1-4-1 of this code.
(Ord. 810, 7-17-2012; Ord. 840, 6-18-2013)
4-3-3: - LAWS AND RULES ADOPTED:#
The city adopts the county and municipal fireworks act, Utah Code Annotated section 11-3-1 et seq., the definitions contained in the Utah fire prevention and fireworks act, Utah Code Annotated section 53-7-202, the Utah fireworks act, Utah Code Annotated section 53-7-220 et seq., and the department of public safety, state fire marshal rules pursuant to the Utah fireworks act, chapter 33 of the international fire code regulating fireworks and R710-2 et seq., all as amended periodically, as though set forth in their entirety. If any provision of this chapter conflicts with those state laws and rules, the state laws and rules shall control.
(Ord. 810, 7-17-2012)