§ 20-98. Fireworks.

The sale, use or exploding of fireworks within the city are subject to the following:

(1)

Purpose. The purpose of this section is to regulate the sale, use, or exploding of fireworks within the city and to protect public health, safety, and well-being.

(2)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Approved organization means an organization or association approved by the council.

Competent operator means a person who by training or experience is qualified to safely use fireworks.

Fireworks means and includes any explosive composition, or combination of explosive substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and any fireworks containing any explosive or inflammable compound, or other devise containing any explosive substance. The term "fireworks" shall not include Goldstar-producing sparklers on wires which contain no magnesium or chlorate or perchlorate, no flitter sparklers, in paper tubes that do not exceed one-eighth of an inch in diameter, no toy snakes which contain no mercury nor caps used in cap pistols.

Permit holder means the approved organization issued a permit as provided in this section.

(3)

Fireworks prohibited. Except as hereinafter provided, any person, firm, partnership, or corporation who offers for sale, exposes for sale, sells at retail, or used or explodes any fireworks, commits a misdemeanor, provided the council may, upon application in writing, grant a permit for the display of fireworks by municipalities, fair association, amusement parks, and other organizations or groups of individuals approved by the city when such fireworks display will be handled by a competent operator.

(4)

Exceptions to prohibitions. Nothing in this section shall be construed to prohibit any resident, dealer, manufacturer or jobber from selling such fireworks as are not herein prohibited; or the sale of any kind of fireworks, provided the same are to be shipped out of the state; or the sale or use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks or by a recognized military organization; and provided further that nothing in this section shall apply to any substance or composition prepared and sold for medicinal or fumigation purposes

(5)

Required information. Any municipality, fair association, amusement park, or organization shall make application to the council for a permit at least 30 days prior to the proposed date of any use of fireworks in the city.

(6)

Permit requirements. Said application for a permit shall contain the following information:

a.

The name and address of the municipality, fair association, amusement park, or other organization.

b.

The names and addresses of the principal officers of said municipality, fair association, amusement park, or other organization.

c.

The date, time, and location of the proposed use of fireworks.

d.

The name and address of the proposed operator.

e.

A statement of the qualifications of the proposed operator. The council may, by resolution, require other information which it deems advisable.

(7)

Insurance required. Said application for a permit shall be accompanied by proof of liability insurance with the city as a named insured in an amount to be determined by resolution of the council, but in no event shall be less than the following:

a.

Personal injury; $1,000,000.00 per person.

b.

Property damage; $100,000.00.

c.

Total exposure; $1,000,000.00.

Said liability insurance shall include the city as an additional insured.

(8)

Indemnification agreement. Said application for a permit shall be accompanied by an agreement in which the applicant agrees to indemnify and hold harmless the city from any liability incurred as a result of such use of fireworks. Said agreement shall require the applicant to reimburse the city for any legal fees or court costs in the event of legal action against the city resulting from such use of fireworks.

(9)

Costs associated with use of fireworks. Any costs associated with the use of fireworks may be borne by the permit holder or the city as the council shall deem to be in the best interest of the city. Costs may include, but not necessarily be limited to, police protection, fire protection, ambulance protection, and other public safety organizations.

(10)

Unexploded fireworks. Fireworks which said competent operator has attempted to detonate but which failed to explode shall be located with all due diligence and shall be immediately deposited in a container of water or other material or otherwise shielded to prevent injury to any person or property.

(Prior Code, § 45.08)

State law reference

Fireworks, I.C.A. § 727.2.