The text
Sections:
8.18.010 - Permitted sales.#
Only outdoor sales of fireworks are permitted in the city subject to all requirements and limitations of this chapter.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.18.020 - Selling fireworks—License required.#
No person shall offer for sale or sell at retail any fireworks without holding a valid license from the city.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.18.030 - License application.#
All applications for a license to sell fireworks shall: A.
Be on a form provided by the city;
B.
Set forth the proposed area and location where the fireworks will be sold and stored;
C.
Include written consent for the sale of fireworks and the erection of the fireworks stand from the owner of the property upon which fireworks are to be sold;
D.
Include insurance certificates evidencing (1) general liability coverage in favor of the applicant of at least two hundred thousand dollars ($200,000.00); (2) property damage coverage in favor of the applicant of at least two hundred thousand dollars ($200,000.00); and (3) designation of the city as an additional insured with a waiver of subrogation;
E.
Be accompanied by the fee set forth in the consolidated fee schedule;
F.
Be accompanied by a refundable cleanup fee set forth in the consolidated fee schedule;
G.
Include a statement that the applicant agrees to strictly comply with the terms of the license and furnish any additional information upon request; and
H.
Include a copy of a valid Utah sales tax permit for the firework sales business.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.18.040 - Appeals.#
Appeals of decisions regarding fireworks shall be made using the administrative hearing process outlined in Chapter 2.22 of this Code. A hearing request shall be in writing and must be received no later than ten (10) days following such decision.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.18.050 - Display of license and sales tax permit.#
The city license to sell fireworks and the Utah sales tax permit shall be displayed in a prominent place immediately adjacent to the cash register in the building or on the stand where fireworks are sold.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.18.060 - Outdoor sales—Stand requirements.#
A.
At each location where fireworks are sold or stored, there shall be an easily accessible 2.5-gallon water pressure fire extinguisher or equivalent.
B.
"No Smoking" signs shall be prominently displayed throughout the area where fireworks are sold or stored.
C.
Smoking, the use of an open flame, or the discharge of fireworks is prohibited within fifty (50) feet of any location where fireworks are sold or stored.
D.
Every fireworks stand shall have posted on it in a prominent manner signs that read substantially as follows:
1.
No smoking, open flames, or discharge of fireworks within one hundred (100) feet; and
2.
The dates on which fireworks may be legally discharged pursuant to state law.
E.
No fireworks stand shall be erected more than five (5) days before each of the permitted sales dates under state law.
F.
Every fireworks stand must be removed within five (5) days of the end of each of the permitted sales periods.
G.
All electrical installations associated with a fireworks stand must conform to the applicable electrical code and be accompanied by an electrical permit obtained from the city building department.
H.
Each stand shall be located in accordance with the applicable city zoning ordinances.
I.
No stand shall be located in such a way as to eliminate the off-street parking required by the applicable zoning ordinances.
J.
All stands shall have an aisle at least three (3) feet wide that must be maintained free and clear of all obstructions.
K.
All stands shall be constructed to prevent customers from reaching the fireworks until the fireworks are actually purchased.
L.
All stands must be securely locked when not in use, and no person shall be allowed to sleep overnight in the stand.
M.
The area surrounding the stand shall be kept free and clear of all weeds, debris, and other flammable materials for a distance of twenty-five (25) feet in all directions.
N.
Stands shall only be located on hard surface.
O.
No stand shall be located within one hundred (100) feet of a gasoline, propane, oil, or other flammable material storage site or dispensing device.
P.
Stands shall be maintained in a neat and orderly fashion at all times. All wastepaper, spilled powder, and broken fireworks shall promptly be removed from the stand and properly disposed of.
Q.
Stands shall have at least one (1) supervisor, eighteen (18) years of age or older, on duty at all times. No Person under fourteen (14) years of age shall be employed anywhere fireworks are sold or offered for sale.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.18.070 - Fireworks stand cleanup assessment and deposit return.#
Upon removal of the fireworks stand, the fire department will assess the cleanliness and condition of the stand location. If the fire department finds the site sufficiently clean and in appropriate condition, the licensee may reclaim his/her cleanup deposit from the city.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.18.080 - Persons under sixteen—Prohibited acts.#
It is illegal for any person under sixteen (16) years of age to purchase fireworks unless accompanied by a parent or guardian. It is illegal to sell fireworks to any person under sixteen (16)years of age unless such person is accompanied by a parent or guardian.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.18.090 - Discharge restriction.#
A.
It is illegal for any person to ignite, explode, project, or otherwise fire or use, or to permit the ignition, explosion, projection, firing, or use of any firework upon, over, or onto the property of another without the property owner's consent.
B.
It is illegal to ignite, explode, project, or otherwise fire or use any firework within twenty (20) feet of any residence, dwelling, or other structure.
C.
It is illegal to ignite, explode, project, or otherwise fire or use any firework in any area of the city west of 900 West.
D.
It is illegal to ignite, explode, project, or otherwise fire or use any firework on any property owned by the city without express written consent from the fire chief or the chief's designee.
E.
Authority of Fire Chief. The fire chief, or the chiefs designee, during times of adverse fire and hazardous environmental conditions, may review information regarding meteorological conditions, moisture content of plants and soil, and other information related thereto, and may exercise discretion based thereon, in the protection of the health, safety, and welfare of the public, to prohibit the ignition or use of all fireworks. Such a prohibition shall be for a defined period of time and may be limited to identified areas of the city or may be applicable throughout the city.
F.
The fire chief, or the chief's designee(s), upon a finding that such a prohibition should take place, shall published with the city a map of the specific identified areas of the city where the restrictions shall occur.
G.
No person shall ignite, discharge, or otherwise use any fireworks in any area of the city designated by the fire chief as hazardous as provided in subsection E of this section.
(Ord. No. 2020-06, § VI, 6-3-2020)
8.18.100 - Penalties and license revocation.#
A violation of the provisions of this chapter shall be a Class B misdemeanor. Any violation of the provisions of this chapter by a licensee or his/her agents shall be grounds for immediate revocation of the fireworks license. Upon probable cause to believe there have been or are violations occurring, or any threat to health and safety, the police or fire chief may seize such license and all fireworks offered for sale, sold, or in the possession of any person in violation of this chapter.
(Ord. No. 2020-06, § VI, 6-3-2020)