Chapter 4
FIREWORKSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469
5-4-1: SHORT TITLE:
5-4-2: DEFINITIONS:
5-4-3: SALE, STORAGE, POSSESSION, AND/OR DISCHARGE OF FIREWORKS:
5-4-4: INSPECTIONS BY FIRE CHIEF:
5-4-5: PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS:
5-4-6: RETAIL SALES OF NONAERIAL COMMON FIREWORKS:
5-4-7: STORAGE OF NONAERIAL COMMON FIREWORKS:
5-4-8: GENERAL PROHIBITIONS:
5-4-9: LIABILITY OF PARENTS OR GUARDIANS:
5-4-10: PERMIT FOR PUBLIC FIREWORKS DISPLAY:
5-4-11: PUBLIC FIREWORKS DISPLAY:
5-4-12: VIOLATION AND PENALTY:

5-4-1: SHORT TITLE:linklink


This chapter shall be known as the MERIDIAN FIREWORKS ORDINANCE. (Ord. 07-1301, 3-27-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230370
5-4-2: DEFINITIONS:linklink

CARETAKER UNIT: A recreational vehicle or motor vehicle equipped as living quarters parked at the site of an operation for the purpose of providing security for an operation during nonbusiness hours. This definition shall not include camping tents.

DANGEROUS FIREWORKS: All fireworks other than nonaerial common fireworks.

FIREWORKS: Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, including items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G.

NONAERIAL COMMON FIREWORKS: Any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen foot (15') diameter circle or emit sparks or other burning material which land outside a twenty foot (20') diameter circle or above a height of twenty feet (20'). Nonaerial common fireworks shall not include firecrackers, jumping jacks, or similar products.

NOVELTY FIREWORKS: Any automotive safety flares, toy guns, toy cannons, caps or other items designed for use with toy guns or toy cannons, party poppers, pop-its or other devices which contain twenty five hundredths (0.25) of a grain or less of explosive substance.

OPERATION: A business, whether formally or informally organized, in which the operator sells fireworks at retail.

OPERATOR: Any person, sole proprietor, partnership, or corporation selling fireworks at retail. This definition shall include such operator's agents, employees, partners, and officers.

PERMITTEE: The person to whom a nonaerial common fireworks permit or public fireworks display permit is issued pursuant to this chapter.

PUBLIC FIREWORKS DISPLAY: The discharging of fireworks for the purpose of producing a visible or audible effect. This definition shall not include the discharging of novelty fireworks.

SHORT TERM STORAGE CONTAINER: Any container that is used for the storage of nonaerial common fireworks when:

A. The nonaerial common fireworks stored therein are possessed under the authority of a nonaerial common fireworks permit and:

1. The operation is closed, and/or

2. Such fireworks are inventory and/or not actively being sold or offered for sale.

B. The nonaerial common fireworks stored therein are possessed under the authority of a public fireworks display permit and such fireworks are not actively being used for public fireworks display.

Except as otherwise provided in this chapter, for purposes of this definition, short term storage facilities may include, but are not limited to, the following, where fireworks are stored therein: any stand, tent, truck, trailer, or other vehicle; a fully enclosed intermodal container; or a shed, detached garage, barn, outbuilding, or other permanent structure.

SUMMER SALES AND USE PERIOD: From eleven fifty nine o'clock (11:59) P.M. June 22 to eleven fifty nine o'clock (11:59) P.M. July 5.

TEMPORARY FIREWORKS STAND: A temporary stand or tent from which nonaerial common fireworks are sold and/or offered for sale. A temporary fireworks stand may serve as a short term storage container pursuant to the provisions of this chapter.

WINTER SALES AND USE PERIOD: From eleven fifty nine o'clock (11:59) P.M. December 25 to eleven fifty nine o'clock (11:59) P.M. January 1. (Ord. 07-1301, 3-27-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230371
5-4-3: SALE, STORAGE, POSSESSION, AND/OR DISCHARGE OF FIREWORKS:linklink


A. The sale, storage, possession, and/or discharge of dangerous fireworks is prohibited at all times, except where such sale, storage, possession, and/or discharge complies with:

1. A public fireworks display permit validly issued pursuant to this chapter; and

2. All provisions of this chapter.


B. The sale, storage, possession for purposes of sale, and/or possession for purposes of storage of nonaerial common fireworks is prohibited at all times, except that nonaerial common fireworks may be sold and/or stored during the summer sales period or the winter sales period so long as such sale and/or storage complies with:

1. A nonaerial common fireworks permit validly issued pursuant to this chapter; and

2. All provisions of this chapter.


C. The possession for purposes of discharge and/or discharge of nonaerial common fireworks is prohibited at all times, except that nonaerial common fireworks may be possessed and/or discharged during the summer sales period, the winter sales period, or the period specified in a validly issued public fireworks display permit, so long as such possession and/or discharge complies with all provisions of this chapter.


D. Novelty fireworks may be sold, stored, possessed, and/or discharged at any time. (Ord. 07-1301, 3-27-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230372
5-4-4: INSPECTIONS BY FIRE CHIEF:linklink

The fire chief and/or his or her designee shall be authorized to:


A. Inspect any and all operations at which fireworks are sold, offered for sale, and/or stored to ensure compliance with this chapter and any and all other applicable laws.


B. Inspect any and all temporary fireworks stands from which fireworks are sold, offered for sale, and/or stored.


C. Inspect and/or require operator to produce any records required by law.


D. Revoke a nonaerial common fireworks permit or public fireworks display permit on the grounds and pursuant to the procedures set forth in this chapter.


E. Conduct any other inspections or undertake any other acts authorized by this chapter and any and all other applicable laws. (Ord. 07-1301, 3-27-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230373
5-4-5: PERMIT FOR RETAIL SALES OF NONAERIAL COMMON FIREWORKS:linklink


A. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale, possess or store for the purpose of sale, sell, cause to be offered for sale, cause to be possessed or stored for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose.


B. Application for a nonaerial common fireworks permit shall be made to the city clerk in such form and manner as the city clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following:

1. Applicant's name and date of birth;

2. Physical and mailing addresses of applicant's home and business;

3. Name and address of applicant's registered agent for service of process;

4. Idaho sales tax identification number, if applicable;

5. Applicant's driver's license number and issuing state;

6. Physical address and description of each and every location at which fireworks are to be stored;

7. Dates during which nonaerial common fireworks are to be stored;

8. Physical address and description of any and all locations at which nonaerial common fireworks are to be sold and/or offered for sale;

9. Dates during which nonaerial common fireworks are to be sold and/or offered for sale;

10. A site plan, which shall include a description of:

a. Location, type, and dimensions of any temporary fireworks stand and/or short term storage container to be located at the sales site;

b. Parking areas;

c. Vision sight triangle, if located on a corner;

d. Waste receptacles or garbage cans;

e. Location and type of electrical source(s); and

f. Location and dimensions of signs;

11. Application fee as set forth in the fee schedule of the city clerk's office for each and every operation for which a permit is sought;

12. Fire department and electrical inspection fees for each and every operation for which a permit is sought;

13. Other inspection and permitting fees as may be applicable;

14. A certificate of insurance providing coverage of up to one hundred thousand dollars ($100,000.00) for personal injury and property damage, underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho. (Ord. 12-1505A, 3-13-2012)


C. The city clerk or designee shall direct the building and police department to review the application, and shall request that the fire chief or designee and the electrical inspector conduct a site inspection at each operation, in order to determine:

1. Whether the proposed operations, activities, and/or uses are in compliance with this chapter and any other applicable laws; and

2. Whether use of such permit by applicant will likely endanger the health, safety, and/or welfare of persons or property.


D. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the summer sales period shall be filed with the city clerk on or before June 1, or the next business day if such date falls on a nonbusiness day. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the winter sales period shall be filed with the city clerk on or before December 1, or the next business day if such date falls on a nonbusiness day. (Ord. 15-1643, 5-5-2015)


E. A separate application shall be filed for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale. (Ord. 12-1505A, 3-13-2012)


F. (Rep. by Ord. 15-1643, 5-5-2015)


G. The city clerk shall deny an application for a nonaerial common fireworks permit:

1. Where the applicant has been convicted in the preceding ten (10) years of any crime involving fraud, larceny, arson, or illegal possession or sale of fireworks, including, but not limited to, a violation of title 39, chapter 26, Idaho Code.

2. Where the applicant has been convicted in the preceding one year of a violation of the unified development code of the city of Meridian.

3. Where the city has revoked from applicant a nonaerial common fireworks permit issued pursuant to this chapter, in the preceding one year.

4. Where the planning department, building department, fire department or police department report that:

a. The proposed operations, activities, and/or uses are not in compliance with this chapter; or

b. Use of such permit will constitute an unreasonable hazard to persons or property.

Any denial of an application for a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such denial. Such written denial shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the applicant's mailing address as set forth in the application. The applicant may request a hearing on such denial before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing the city clerk shall present findings and information as to the basis of the denial. The city council shall have the authority to affirm the denial or order the city clerk to grant the permit. The action of the city council shall be final.


H. A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for twelve (12) months from the date of issuance and for only the specific dates and location designated in the permit, and shall be nontransferable.


I. The city clerk, the fire chief, or a designee of either, may revoke a nonaerial common fireworks permit issued pursuant to this chapter where:

1. The operator conducts a use, condition, and/or activity not allowed under the terms of the permit.

2. The operator violates conditions and/or limitations set forth in the permit.

3. The application for the permit contains any material false statements or misrepresentations.

4. The permit is used by a different operator or operation than to whom it was issued.

5. The permit was issued in error or in violation of any ordinance or law.

6. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law.

7. The permittee fails to comply with any provision of this code, including, but not limited to, this chapter.

Any revocation of a nonaerial common fireworks permit shall be made in writing and shall describe the reason(s) for such revocation. Such written revocation shall be deemed effective immediately upon personal service to the permittee or mailing by U.S. post to the permittee's mailing address as set forth in the application. The permittee may request a hearing on such revocation before the city council. Such hearing shall be scheduled as practicable at the next regularly scheduled meeting of the city council. At such hearing, the city clerk, the fire chief, or the designee thereof who revoked the permit shall present findings and information as to the basis of the revocation. The city council shall have the authority to affirm the revocation or order the city clerk to reinstate the permit. The action of the city council shall be final. (Ord. 12-1505A, 3-13-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230374
5-4-6: RETAIL SALES OF NONAERIAL COMMON FIREWORKS:linklink

The following provisions shall apply to each and every operation. The sale of nonaerial common fireworks in violation of this section or in any manner or by any means not in accordance with the provisions of this section shall be unlawful.


A. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall offer for sale, possess for the purpose of sale, sell, cause to be offered for sale, cause to be possessed for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose.


B. Only one temporary fireworks stand shall be allowed per site.


C. No temporary fireworks stand used during the summer sales period shall be erected before June 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than twelve o'clock (12:00) noon on July 12. No temporary fireworks stand used during the winter sales period shall be erected before December 15. The premises on which such temporary fireworks stand is erected shall be cleared of any and all temporary fireworks stands and debris not later than twelve o'clock (12:00) noon on January 8.


D. One caretaker unit may be allowed per sales site and shall be used only for the purpose of security of an operation. Such caretaker unit shall be located a minimum of twenty five feet (25') from any temporary fireworks stand or short term storage container. Caretaker units used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after twelve o'clock (12:00) noon on July 12. Caretaker units used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after twelve o'clock (12:00) noon on January 8.


E. The sale of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian unified development code.


F. Nonaerial common fireworks and/or related merchandise shall not be sold or offered for sale, structures or signs shall not be erected, and/or business shall not be conducted within the public right of way, unless otherwise authorized by the appropriate transportation authority. If a private sidewalk or pedestrianway is occupied by a structure, stand, tent, or sign associated with an operation, a minimum width of four feet (4') shall remain unobstructed along the entire width of such private sidewalk or pedestrianway. If such private sidewalk or pedestrianway is narrower than four feet (4') wide, at least one-half (1/2) of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrianway.


G. No entrance and/or exit drive providing ingress or egress to an operation shall cause a traffic hazard or nuisance. Operators shall comply with all rules and standards for access as established by the appropriate transportation authority.


H. No operation shall sell nonaerial common fireworks and/or offer nonaerial common fireworks for sale at a location lacking adequate off street parking upon asphalt or other dustless material. Inadequate parking shall include, but shall not be limited to, such situation where parking by patrons of the operation displace off street parking spaces or loading areas serving the site's permanent and/or primary use(s).


I. Compressors, fans, pumps, and/or other motorized equipment utilized by an operation shall be located and/or shielded in a manner that prevents unreasonable noise.


J. No person shall construct, or cause to be constructed, any permanent structure for the sale and/or offering for sale of nonaerial common fireworks. No operator may sell or offer for sale nonaerial common fireworks from or in a permanent structure.


K. No person shall have an open flame or use an exposed element heating device in any temporary fireworks stand.


L. During business hours, each and every operation shall be staffed by at least one person who is twenty one (21) years of age or older.


M. No person under sixteen (16) years of age shall be allowed in the nonpublic areas of a temporary fireworks stand.


N. No operator shall sell fireworks to any person who is under the age of sixteen (16) years unless such person is accompanied by a parent or legal guardian. The burden of verifying the age of purchasers of fireworks shall be borne by the operator. (Ord. 07-1301, 3-27-2007)


O. The following provisions shall apply to any and all temporary signs related to any fireworks operation:

1. It shall be unlawful for any person to install, erect, post, or display, or to allow or cause the installation, erection, posting, or display of more than two (2) temporary signs on the property on which the fireworks operation is located for the purpose of identifying, promoting, advertising, or directing patrons to such operation, except that one additional temporary sign may be installed, erected, posted, or displayed on the temporary fireworks stand.

2. The area of any temporary sign installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an operation shall not exceed thirty two (32) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a temporary sign identifying, promoting, advertising, or directing patrons to an operation where the area of such temporary sign exceeds thirty two (32) square feet.

3. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any temporary sign identifying, promoting, advertising, or directing patrons to an operation upon any property other than that property upon which the operation is located.

4. Any and all temporary signs identifying, promoting, advertising, or directing patrons to an operation shall be removed within twenty four (24) hours of the conclusion of such operation.


P. As to each and every temporary fireworks stand, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding temporary fireworks stands:

1. Any and all temporary fireworks stands shall comply with all applicable provisions of this code, including, but not limited to, the unified development code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits.

2. Prior to erecting any temporary fireworks stand, and throughout the applicable sales period, the ground underlying such temporary fireworks stand and all ground within a thirty foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris. No operator shall permit the accumulation of rubbish or trash in or around any temporary fireworks stand. No operator shall permit a fire nuisance or hazard to exist in or around any temporary fireworks stand.

3. No temporary fireworks stand shall have a floor area in excess of seven hundred (700) square feet.

4. Any and all temporary fireworks stands shall have exit doors at least thirty inches (30") wide at both ends of the temporary fireworks stand and one additional door for each thirty two feet (32') of rear wall in excess of thirty two feet (32'). All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times. No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed, unopenable, inaccessible, or malfunctioning.

5. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from any other building or structure.

6. Any and all temporary fireworks stands shall be located at least twenty five feet (25') from any generator or other internal combustion power sources and/or their fuels.

7. Any and all temporary fireworks stands shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation.

8. Any and all temporary fireworks stands shall contain a minimum of one type 2A10BC rated fire extinguisher, and one 2A water type fire extinguisher. Such extinguishers shall, at all times be in good working order, have a current inspection tag, and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof.

9. Any and all temporary fireworks stands shall be emptied of all fireworks when not open for business. This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as a short term storage facility, in which case all provisions of this chapter governing short term storage facilities shall apply, including, but not limited to, subsection 5-4-7J of this chapter.

10. No person shall sleep at any time in any temporary fireworks stand.

11. Vehicles shall not be parked within twenty five feet (25') of the exterior of any temporary fireworks stand.

12. No person shall smoke within any temporary fireworks stand, nor within twenty five feet (25') of any temporary fireworks stand.

13. At least one sign reading, "Fireworks - No Smoking Within 25 Feet" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times.

14. At least one sign reading, "Fireworks - No Smoking Within 25 Feet" in letters at least two inches (2") high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times.

15. At least one sign reading, "No Fireworks To Be Discharged Within 100 Feet" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a legible condition at all times.

16. Waste receptacles or garbage cans in any temporary fireworks stand shall be noncombustible and shall have a securely fitting lid.

17. All permits are required to be posted in the stand at all times. (Ord. 12-1505A, 3-13-2012)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230375
5-4-7: STORAGE OF NONAERIAL COMMON FIREWORKS:linklink

The following provisions shall apply to each and every operation. The storage of nonaerial common fireworks in violation of this section or in any manner or by any means not in accordance with the provisions of this section shall be unlawful.


A. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter, shall store for the purpose of sale or cause to be stored for the purpose of sale nonaerial common fireworks in any manner or for any use or purpose.


B. Only one short term storage container in addition to the temporary fireworks stand shall be allowed per site.


C. Short term storage containers used during the summer sales period shall not be placed at the sales site before June 15 and shall not remain at the site after twelve o'clock (12:00) noon on July 12. Short term storage containers used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after twelve o'clock (12:00) noon on January 8.


D. The storage of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian unified development code.


E. Short term storage containers shall not be placed or erected within the public right of way, unless otherwise authorized by the appropriate transportation authority. If a private sidewalk or pedestrianway is occupied by a short term storage container, a minimum width of four feet (4') shall remain unobstructed along the entire width of such private sidewalk or pedestrianway. If such private sidewalk or pedestrianway is narrower than four feet (4') wide, at least one-half (1/2) of the width thereof shall remain unobstructed along the entire width of such private sidewalk or pedestrianway.


F. No person shall construct, or cause to be constructed, any permanent structure for the storage of nonaerial common fireworks.


G. Stored fireworks shall be secured in a manner that denies any and all access to such fireworks by persons other than the operator.


H. No operator shall cause or allow any exit from a short term storage container to be obstructed, unopenable, inaccessible, or malfunctioning.


I. As to each and every short term storage container, operators shall comply with, and, as applicable, shall ensure their patrons' and the public's compliance with, each and all of the following provisions regarding short term storage containers:

1. Any and all short term storage containers shall comply with all applicable provisions of this code, including, but not limited to, the unified development code, the building code, the fire code, and the electrical code. The operator shall obtain any and all required permits.

2. Nonaerial common fireworks may be stored in a short term storage container no longer than sixty (60) days prior to, and fifteen (15) days after, the dates during which the sale of nonaerial common fireworks is allowed under a nonaerial common fireworks permit. The storage of fireworks by any person at any other time or for a longer duration shall be unlawful.

3. Prior to erecting, placing, and/or utilizing any short term storage container, and throughout the applicable sales period, the ground underlying such short term storage container and all ground within a thirty foot (30') perimeter thereof shall be cleared and maintained clear of any and all weeds, combustible vegetation or material, and/or debris.

4. No short term storage container shall have a floor area in excess of three hundred twenty (320) square feet.

5. Any and all short term storage containers shall be located at least twenty five feet (25') from any other building or structure, including, but not limited to, any temporary fireworks stand.

6. Any and all short term storage containers shall be located at least twenty five feet (25') from any generator or other internal combustion power sources and/or their fuels.

7. Any and all short term storage containers shall be located at least one hundred feet (100') from any flammable liquid dispensing device or installation.

8. Any and all short term storage containers shall contain a minimum of one pressurized water fire extinguisher with a minimum rating of 2A, which fire extinguisher shall be located in an accessible and visible location within forty eight inches (48") of the access door. If such container has more than one access door, a fire extinguisher shall be located in an accessible and visible location within forty eight inches (48") of each and every access door.

9. No person shall sleep at any time in any short term storage container.

10. Vehicles shall not be parked within twenty five feet (25') of the exterior of any short term storage container. (Ord. 07-1301, 3-27-2007)

11. No person shall smoke within any short term storage container, nor within twenty five feet (25') of any short term storage container.

12. At least one sign reading, "Fireworks - No Smoking Within 25 Feet" in letters at least four inches (4") high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times.

13. At least one sign reading, "No Fireworks To Be Discharged Within 100 Feet" in letters at least four inches (4") high on a contrasting background shall be posted on each and every exterior wall or side of any and all short term storage containers. Such signs shall be maintained in a legible condition at all times. (Ord. 12-1505A, 3-13-2012)

14. No operator shall permit a fire nuisance or hazard to exist in or around any short term storage container.

15. No operator shall permit the accumulation of rubbish or trash in or around any short term storage container.

16. Waste receptacles or garbage cans are prohibited in any and all short term storage containers, unless such receptacle is noncombustible and has a securely fitting lid.


J. Where a temporary fireworks stand is used as a short term storage facility, such temporary fireworks stand:

1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this chapter.

2. Where such temporary fireworks stand is constructed with hard sides, shall be secured with a lock and key at all access points.

3. Where such temporary fireworks stand is constructed with canvas or other soft material sides, shall be effectively secured by a person who shall remain awake, alert, and on site at all times and who shall prevent any and all access to fireworks or other merchandise stored therein. A dog or other animal is not a substitute for a person for purposes of this section.


K. Where a truck trailer or a vehicle is used as a short term storage container, such truck trailer or vehicle:

1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this chapter.

2. Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading.

3. Be marked in accordance with United States department of transportation requirements.


L. Where a permanent building or structure is used as a short term storage container, such structure:

1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this chapter;

2. Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading;

3. Shall contain no open flames;

4. Shall have no heating source;

5. Shall have no lighting source, except that handheld, battery operated flashlights may be used therein; and

6. Shall be separated by a minimum of twenty five feet (25') from any other structure that:

a. Is used as a residence or business;

b. Is used for human habitation;

c. Contains open flames;

d. Contains a heating source; and/or

e. Contains a lighting source. (Ord. 07-1301, 3-27-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230376
5-4-8: GENERAL PROHIBITIONS:linklink


A. It shall be unlawful for any person to:

1. Alter any fireworks, except where such alteration complies with:

a. A public fireworks display permit validly issued pursuant to this chapter; and

b. All provisions of this chapter.

2. Throw or discharge any fireworks from, into or at a vehicle or structure.

3. Throw or discharge any fireworks at any person.

4. Sell, store, possess, discharge, or use fireworks in violation of this chapter.

5. Use fireworks in any area where there exists a severe fire threat based on vegetative or other conditions as determined by the fire chief or his/her designee, provided that notice of such areas is given in advance. (Ord. 07-1301, 3-27-2007)

6. Discharge fireworks within one hundred feet (100') of any temporary fireworks stand or short term storage container.

7. Smoke within twenty five feet (25') of any temporary fireworks stand or short term storage container.

8. Ignite a flame within twenty five feet (25') of any temporary fireworks stand or short term storage container. (Ord. 12-1505A, 3-13-2012)

9. Park a motor vehicle within twenty five feet (25') of any temporary fireworks stand or short term storage container.

10. Obstruct or cause to be obstructed, inoperative, inaccessible, or malfunctioning any exit from a temporary fireworks stand or short term storage container.


B. It shall be unlawful for any person under the age of sixteen (16) years to purchase, possess, or discharge fireworks, except in the presence of a parent or legal guardian. (Ord. 07-1301, 3-27-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230377
5-4-9: LIABILITY OF PARENTS OR GUARDIANS:linklink

The parent, guardian or other person having custody or control of a minor shall be liable for damage caused by the discharge or use of fireworks by the minor. (Ord. 07-1301, 3-27-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230378
5-4-10: PERMIT FOR PUBLIC FIREWORKS DISPLAY:linklink


A. No person, without having a valid City of Meridian public fireworks display permit issued pursuant to this chapter, shall possess or store dangerous fireworks for the purpose of public fireworks display, or cause dangerous fireworks to be possessed or stored for the purpose of public fireworks display, or discharge dangerous fireworks in any manner or for any use or purpose, or cause dangerous fireworks to be discharged in any manner or for any use or purpose.


B. Public fireworks displays shall comply with regulations for the permitted display as regulated by NFPA 1123 Code for Fireworks Display (2014 edition), NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience (2016 edition), and NFPA 160 Standard for the Use of Flame Effects Before an Audience (2011 edition).


C. Application for a public fireworks display permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to, the following information:

1. Name, mailing address, physical address, phone number, and e-mail address of each and all of the following persons: applicant, owner of the property at which the display is to occur, and pyrotechnician operating the display.

2. Name and address of applicant's, property owner's, and pyrotechnician's registered agent for service of process.

3. Documentation and copies of qualifications of pyrotechnician, including copies of certifications, licenses, and a copy of government-issued photo identification.

4. Date(s) and times of the display, including set up time, display time, and length of show.

5. Physical address of site at which public fireworks display is to occur.

6. Site plan, including the following:

a. Detailed layout of site, including all separation distance measurements. Separation distances must be compliant with NFPA standard 1123, including minimum secured diameter of site, vertical mortar, angled mortars offset justification, and mortars to special hazards.

b. Detailed layout of discharge site, including the location of all devices to be used during show, their required separation distances, and location of controllers.

c. Location of all spectator areas.

d. Detailed layout of fallout area, including offset measurements.

e. Detailed layout of preparation area, including 100-foot separation distance.

f. Detailed layout of fireworks storage area, including required separation distances and capacity and dates during which fireworks are to be stored.

g. Buildings on or in proximity to the display site.

h. Highways, streets, or alleys.

i. Special hazard locations (e.g., combustible fuel, flammables, explosives, toxic substances, places of detention and correction, health care facilities).

j. Location of possible overhead obstruction locations and utilities.

k. Location of area(s) affected by the flame effect device.

l. Types and locations of required fire extinguishers and supplemental fire protection features.

7. Description of fireworks to be used in the display, including:

a. Detailed list of devices to be used in each display per show which shall include number and type of all devices to be used, including classification (e.g., aerial shell, cake, mine, salute, ground display piece, comet, lance, etc.), type of match to be used (e.g., black, electric, quick match, etc.), and whether the fireworks are to be chain fused or individually shot.

b. Detailed list of flame effects to be used per show which shall include classification of effect (e.g., gas mine, ghost mine, etc.).

c. Detailed list of lift charges for gas mines including grams, type of powder, sealing method of charge, fuel type (e.g., gas, diesel, mixture, cremora, LPG, etc.), and type of match used.

d. Diagram of the mortar for flame effects showing pipe schedule size, wall thickness, height, width, and securing methods.

e. Diagram of the mortar racks detailing elevation of rack (if raised location provide elevation), rack location (ground, trailer, stand, etc.), construction elements of rack, mortar pipe schedule including type, size, wall thickness, height, width, and rack securing methods. Mortar racks shall meet the construction recommendations of NFPA standard 1123.

8. Written copies of each and all of the following:

a. Procedure for sequence of operations for ignition of fireworks and flame effects, including ignition method (electronic, manual, automatic, etc.); controller manufacturer, model, and type (automatic, handheld, manual); number of manual and electronic shooters, and source of manual ignition (fusee, torch, portfire, etc.).

b. Communication plan and methods between the permit holder, property owner, and pyrotechnician before, during, and after the display.

c. Safety plan, including protocols for:

(1) Stopping the show for emergency response personnel, catastrophic failure, operator injury, hazardous debris falling on spectators, hazardous conditions identified by the Meridian Fire Chief or designee, and crowd control issues.

(2) Actions to be taken in the event that a shell fails to ignite in or discharge from a mortar, fails to function over the fallout area or other malfunctions, reporting methods and procedures for manually unfired shells including marking and warning of hazard to site personnel, and the disposal methods for unfired shells found in the post display sweep.

9. A certificate of insurance providing coverage of up to one million dollars ($1,000,000.00) for personal injury and property damage, underwritten through or by a qualified and duly licensed insurance company licensed to do business in Idaho.

10. Application fee.

11. Fire Department inspection fee.


D. Upon receipt of all application materials required by this section, the City Clerk shall refer the application to the Fire Chief or designee, who shall review the application to determine the validity and completeness of the information therein. The Fire Chief shall make findings on the application and return it to the City Clerk for issuance or denial.


E. Upon receipt of the findings of the Fire Chief or designee, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this section, the City Clerk shall either issue a City of Meridian public fireworks display permit to the applicant, or deny the application. Where the City Clerk denies an application for a City of Meridian public fireworks display permit, the City Clerk shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application.


F. The City Clerk shall deny an application for a public fireworks display permit where:

1. The application is incomplete or required application materials or fees have not been submitted within thirty (30) days from receipt of a partial application;

2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete;

3. Investigation of such application or application materials reveals that the proposed public fireworks display will not be compliant with applicable laws, regulations, or standards; or

4. The pyrotechnician does not have the requisite qualifications, certifications, and/or licenses for public fireworks displays, as set forth in NFPA provisions referenced above.


G. Appeal of the City Clerk's issuance or denial of an application for a City of Meridian public fireworks display permit may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision.


H. The City Clerk, Fire Chief, or designee may revoke a City of Meridian public fireworks display permit where:

1. The permittee or any party operating under such permit conducts a use, condition, and/or activity not allowed under the terms of the permit, or violates a term, condition, or limitation of the permit.

2. The permit is used by a different party than the party to whom it was issued.

3. The permit was issued in error or in violation of any ordinance or law.

4. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law.

5. The permittee fails to comply with any provision of this Code, including, but not limited to, this chapter.

6. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application.


I. Revocation shall be effective pursuant to one of the following procedures:

1. The City Clerk or designee may notify the permittee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the public fireworks display permit application. Such revocation shall be effective immediately upon mailing by the City Clerk.

2. The Fire Chief or designee may summarily revoke the public fireworks display permit at any time, where he finds that the permitted fireworks display is to be conducted in a manner or under conditions which are or may pose a heightened risk of: fire, injury, or threat to public health, safety, or property. Such revocation shall be effective immediately upon verbal notice to the permittee or pyrotechnician. Within two (2) working days of such summary revocation, the Fire Chief, City Clerk, or designee shall send written notification of such revocation and the grounds therefor to the permittee, and shall mail such notice to the applicant at the mailing address set forth in the public fireworks display permit application.


J. Appeal of a revocation of a City of Meridian public fireworks display permit may be made by the permittee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of the date of mailing such revocation. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. (Ord. 17-1758, 12-19-2017)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230379
5-4-11: PUBLIC FIREWORKS DISPLAY:linklink


A. No person, without having a valid public fireworks display permit issued pursuant to this chapter, shall possess or store for the purpose of public fireworks display, or cause to be possessed or stored for the purpose of public fireworks display, dangerous fireworks in any manner or for any use or purpose.


B. All public fireworks display permittees, and/or his or her agents, contractors, and/or employees, shall, in all facets of a public fireworks display undertaken pursuant to a validly issued public fireworks display permit, including, but not limited to, setup, staging, and performance, strictly comply with any and all provisions of the current edition of each and all of the following National Fire Protection Association standards:

1. NFPA 1123, fireworks display; and

2. NFPA 1126, standard for the use of pyrotechnics before a proximate audience.


C. Storage of dangerous fireworks to be used in a public fireworks display authorized by a valid public fireworks display permit issued pursuant to this chapter shall be stored in accordance with any and all applicable provisions of this chapter governing short term storage containers and all applicable provisions of the International Fire Code, except that no person shall store dangerous fireworks:

1. In a temporary fireworks stand;

2. In any soft sided structure, including, but not limited to, a tent;

3. In any place or in any manner allowing access to such dangerous fireworks by anyone other than the permittee; and/or

4. In any place or in any manner which endangers the health, safety, and/or welfare of persons and/or property. (Ord. 07-1301, 3-27-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230380
5-4-12: VIOLATION AND PENALTY:linklink


A. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this chapter. Any violation thereof shall constitute an infraction and shall be punishable by a fine of one hundred dollars ($100.00). (Ord. 15-1647, 6-23-2015)


B. All fireworks possessed, discharged, or used in violation of this chapter may be confiscated and destroyed by the Meridian Police Department or the Meridian Fire Department. (Ord. 07-1301, 3-27-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6469#s1230381