CHAPTER 2 Title 6 Fireworks
CHAPTER 2
FIREWORKS
SECTION:
6-2-1: Definitions
6-2-2: Consumer Fireworks - Permit for Wholesale and Import License
6-2-3: Consumer Fireworks - Permit for Sale of Safe and Sane Fireworks
6-2-4: Consumer Fireworks - Application
6-2-5: Consumer Fireworks – Review of Application
6-2-6: Consumer Fireworks - Issuance
6-2-7: Consumer Fireworks - Revocation
6-2-8: Dates and Time of Sale
6-2-9: Temporary Fireworks Stands
6-2-10: REPEALED - Consumer Fireworks – Membrane Tents (Refer to IFC)
6-2-11: REPEALED - Consumer Fireworks – Storage and Transportation (Refer to IFC)
6-2-12: Consumer Fireworks – Written Records
6-2-13: Consumer Fireworks – Discharge of Fireworks in Public Area
6-2-14: Consumer Fireworks – Seizure of Fireworks
6-2-15: Consumer Fireworks – Permit for Sale of Fireworks at Wholesale
6-2-16: Consumer Fireworks – Application for Wholesale Permit
6-2-17: Consumer Fireworks – Information Furnished for Permit
6-2-18: Display Fireworks – Permit for Public Display Required
6-2-19: Display Fireworks – Sale of “Dangerous Fireworks” Prohibited
6-2-20: Display Fireworks – Permit Application
6-2-21: Display Fireworks – Permit Information
6-2-22: Display Fireworks – Permit Approval
6-2-23: Display Fireworks – Approved Displays
6-2-24: General Prohibitions
6-2-25: Exceptions
6-2-26: Liability of Parents or Guardians
6-2-27: Enforcement
6-2-28: Penalties - Injunctions
6-2-1:
DEFINITIONS: As used in this chapter, these terms shall have the
following meanings:
AUTHORITY HAVING JURISDICTION: The fire department of the City of Ammon.
DEPARTMENT: The department of insurance, division of the state fire marshal.
FIREWORKS (DANGEROUS): "Dangerous fireworks" includes any of the
following; but not limited to, as determined by the Fire Chief or his designee:
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(A) Firecrackers, cannon crackers, giant crackers, salutes, silver tube
salutes, cherry bombs, mines, ground bombardment, grass-hoppers, and
other explosive articles of similar nature;
(B) Blank cartridges;
(C) Skyrockets and rockets, including all similar devices employing any
combustible or explosive material and which rise in the air during
discharge;
(D) Roman candles, including all devices which discharge balls of fire into the
air;
(E) Chasers and whistles, including all devices which dart or travel about the
surface of the ground during discharge;
(F) All articles for pyrotechnic display such as aerial shells, salutes, flash
shells, sky battles, parachute shells, mines, Dago bombs, and similar
devices;
(G) All torpedoes which explode by means of friction, or which contain arsenic
and all other similar fireworks devices, including cracker balls;
(H) Fire balloons or balloons of any type which have burning material of any
kind attached thereto;
(I) Toy cannons which use a combustible or explosive substance for the
purpose of producing a visible or audible effect.
FIREWORKS (NONAERIAL COMMON): 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'). Non-aerial common fireworks do not include firecrackers,
jumping jacks, or similar products.
FIREWORKS (SAFE AND SANE): Safe and sane fireworks" includes any of
the following; but not limited to, as determined by the Fire Chief or his designee:
(A) Cone fountains with pyrotechnic composition not exceeding fifty (50)
grams each;
(B) Cylindrical fountains, whether base, spike or handle, with pyrotechnic
composition not exceeding seventy five (75) grams each and inside tube
diameter not exceeding three quarters inch (¾");
(C) Wheels with pyrotechnic composition not exceeding sixty (60) grains for
each driver unit of two hundred forty (240) grains for each complete
wheel. The inside tube diameter of diver unit shall not exceed one-half
inch (½");
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(D) Whistles, without report and which do not dart or travel about the ground
during discharge with pyrotechnic composition not exceeding six (6)
grams and containing no picric of gallic acid.
FIREWORKS (SPECIAL): Any fireworks designed primarily for display and classified
as special fireworks by the United States bureau of explosives or designated as
UN 0335 1.3G.
IMPORTER: Any person, who, for any purpose other than personal use, or a use
associated with a specific public display or other event permit, is the first receiver of any
fireworks in this state.
LICENSE: A nontransferable, formal authorization issued by the department to
engage in the acts of importing fireworks into this state or operating a wholesale
fireworks business within this state.
PERMIT: An authorization given by the authority having jurisdiction pursuant to
section 39-2604 or 39-2605, Idaho Code.
WHOLESALE: The sale of fireworks to a retailer or wholesaler.
6-2-2:
CONSUMER FIREWORKS - PERMIT FOR WHOLESALE AND IMPORT
LICENSE: No person shall import or sell wholesale fireworks within the City without
possessing a current and valid permit from the State of Idaho for the importation and
operation of a wholesale fireworks business.
6-2-3:
CONSUMER FIREWORKS - PERMIT FOR SALE OF SAFE AND SANE
FIREWORKS: It shall be unlawful for any person to sell, store or keep for sale any
fireworks within the City unless such person be the holder of a valid "Permit for Sale of
Fireworks."
6-2-4:
CONSUMER FIREWORKS - APPLICATION: Any person desiring to sell
"safe and sane fireworks" within the City shall apply to the City Clerk for a permit. Each
applicant shall pay to the Clerk, at the time of application, a permit and inspection fee
determined by a schedule of fees adopted by the City Council by resolution which may
be amended from time to time. If the application is denied, the permit fee shall be
refunded. The application for a permit to sell "safe and sane fireworks" shall include the
following information:
(A) Name and address of applicant;
(B) The age of applicant if not a business entity. (No permit shall be issued to a
person under the age of twenty one (21).
(C) The names and addresses of the officers of the applicant if a corporation; the
names and addresses of the partners if a partnership; the names and
addresses of the members if a limited liability company;
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(D) The location of the place of sale of the fireworks;
(E) The name and address of any wholesaler or distributor from whom the
applicant intends to obtain fireworks;
(F) The applicant's state sales tax permit number;
(G) The City shall require a valid certificate of public liability and property casualty
insurance, issued by a company licensed to issue insurance policies within
the State of Idaho, providing a combined single limit of not less than one
million dollars ($1,000,000) for personal injury and one-hundred thousand
dollars ($100,000) for property damage. A copy of said policy shall be
furnished at the time of the application.
(H) The permit shall be displayed in public view at the location listed on the
permit.
6-2-5:
CONSUMER FIREWORKS – REVIEW OF APPLICATION: The fire code
official shall examine or cause to be examined the application for the permit and
amendments thereto within a reasonable time after filing. If the application does not
conform to the requirements of pertinent state and local laws and ordinances, the fire
code official shall reject such application in writing, stating the reasons therefore. If the
fire code official is satisfied that the proposed work or operation conforms to the
requirements of this code and laws and ordinances applicable thereto, the fire code
official shall issue a permit therefore as soon as practical. Permits for a fireworks display
before a proximate audience shall be granted only by the City Council after investigation
and recommendation by the Fire Code Official.
6-2-6:
CONSUMER FIREWORKS - ISSUANCE: Permits shall be submitted for
approval by the City Council after receipt of a completed application to the City Clerk.
Final issuance of said permit shall be granted only after an investigation and
recommendation by the Fire Code Official. No permit shall be granted for sale on
premises or under any conditions which would violate any State law or City ordinance.
Each permit shall be valid for only one location designated in the permit. No permit shall
be transferable, assignable, or renewable. All licenses shall expire one (1) year from the
date of issue unless another date is endorsed on the license by the Clerk.
6-2-7:
CONSUMER FIREWORKS - REVOCATION: A permit required under this
section may be revoked by order of the Fire Code Official or any police officer with
jurisdiction, if the permittee whenever probable cause appears that the permittee has
violated or is in violation of any provisions of this Chapter or of the Idaho Code. A permit
revocation proceeding shall comply with the provisions of Chapter 52, Title 67, Idaho
Code.
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6-2-8:
DATES AND TIME OF SALE:
(A) Non-aerial common fireworks may be sold at retail and used beginning at
midnight, June 23rd, and ending at midnight, July 5th, and beginning at
midnight, December 26th, and ending at midnight, January 1 (Idaho State
Code 39-2606). The City may, at its discretion, extend each period of sale by
not more than five (5) days. (This extension may be at the beginning of the
period or the end of the period or divided for a total of five (5) days between
the two.)
(B) Fireworks sold under the permit granted for public display or other event
using fireworks may be sold and used at any time in compliance with the
permit issued under the preceding section.
6-2-9:
RETAIL SALES OF FIREWORKS: All consumer fireworks retail sales
operations shall comply with the regulations and standards set forth in the most current
adopted edition of the International Fire Code and National Fire Protection Association
standard 1124.
6-2-10:
REPEALED
6-2-11:
REPEALED
6-2-12:
CONSUMER FIREWORKS — WRITTEN RECORDS: Any person,
association or corporation who holds a permit issued pursuant to this ordinance and who
purchases fireworks for the purpose of sale at retail, shall at the time such purchase is
made, keep and maintain a written record containing the following information:
(A) The name and address of the wholesaler or distributor from whom the
fireworks were purchased, and, if the wholesaler or distributor is a corporation
or association, the name of every person who acted in behalf of such
corporation or association;
(B) The date and location of the purchase;
(C) An itemized list describing the kind and nature of all fireworks purchased and
the quantity thereof.
(D) Such written record, or a true and correct copy thereof, shall be kept at the
location where said fireworks are offered for sale at retail. It shall be unlawful
for any person to fail or refuse to allow any police officer or officer from the
Fire and Public Safety Division to inspect said record at any time during
which the premises of the permittee are open for business.
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6-2-13:
CONSUMER FIREWORKS —DISCHARGE OF FIREWORKS IN
PUBLIC AREA: It shall be unlawful for any person to ignite or discharge any fireworks
during the time periods set forth below and within fifty feet (50') of the curb line along any
parade route or within any area of public gathering designated by the Chief of Police
and/or Fire Code Official or to cause any ignited fireworks to be thrown or propelled into
such area. Such time period shall commence one hour prior to the commencement of
such parade and shall conclude one hour after the conclusion of the designated parade
times, and with regard to other areas of public gathering designated by the Chief of
Police and/or Fire Code Official, said time frame shall likewise be designated by the
Chief of Police and/or Fire Code Official,. In areas of public gathering designated by the
Chief of Police and/or Fire Code Official, a public notice of such designation shall be
posted in a conspicuous place at least once in every City block contained within said
public area, which notice shall specifically describe the area and times within which this
section shall apply. Any person violating this provision shall be guilty of an infraction.
6-2-14:
CONSUMER FIREWORKS — SEIZURE OF FIREWORKS: Whenever
there is probable cause to believe that any person is selling fireworks without a permit
required by this chapter, or that any person has sold or conveyed any fireworks contrary
to the provisions of this chapter, then the Chief of Police or Fire Code Official may order
any police officer or officer of the Fire and Public Safety Division to seize as evidence all
fireworks offered for sale at the premises where such violation is alleged to have taken
place. The Police Division or Fire and Public Safety Division shall hold the fireworks so
seized pending trial or conviction of the person selling or offering the same for sale. In
the event such person is convicted of selling fireworks contrary to this ordinance, then all
rights to the fireworks shall be forfeited and the Chief of Police shall forthwith destroy the
same.
6-2-15:
CONSUMER FIREWORKS — PERMIT FOR SALE OF FIREWORKS AT
WHOLESALE: It shall be unlawful for any person, association, corporation or any
responsible person associated with an association or a corporation, to sell, convey or
offer for sale at wholesale, or cause any other person to sell, convey or offer for sale at
wholesale, any fireworks within the City, unless such person is the holder of a valid
permit for wholesale sale of fireworks. For the purposes of this section, the term
"responsible person" shall mean any person who owns at least ten percent (10%) of the
capital assets or interest in profits and losses of an unincorporated association, or any
person who holds or owns at least ten percent (10%) of the issued shares of the
corporation.
6-2-16:
CONSUMER FIREWORKS — APPLICATION FOR WHOLESALE
PERMIT: Any person, association or corporation desiring to sell fireworks at wholesale
within the City, shall make application to the City Clerk for a permit for sale of fireworks
at wholesale. Permits shall be granted only by the City Council after investigation and
recommendation by the Fire Code Official. No permit shall be granted for sale on
premises or under any conditions which would violate any State law or any ordinance of
the City. If the application be denied, the permit fee shall be refunded forthwith. Each
permit shall be valid only for one location designated in the permit. A permit shall not be
transferable, assignable or renewable and shall be valid only for the year of its issue.
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6-2-17:
CONSUMER FIREWORKS — INFORMATION FURNISHED FOR
PERMIT: Each applicant for a permit for sale of fireworks at wholesale shall provide the
following information on his, her or its application:
(A) The name and address of applicant or principal place of business.
(B) The age of the applicant if not a business entity.
(C) The names and addresses of the officers of the applicant, if a corporation;
(D) The names and addresses of any person owning at least ten percent (10%)
of the capital assets or profits and losses, if an association.
(E) The names and addresses of any person owning or holding ten percent
(10%) or more of the issued shares of the corporation, if a corporation;
(F) The applicant's state sales tax permit.
6-2-18:
DISPLAY FIREWORKS — PERMIT FOR PUBLIC DISPLAY REQUIRED:
It shall be unlawful for any person to possess, keep store, use or discharge within the
City any dangerous fireworks unless such person be the holder of a valid "Fireworks
Permit for Public Display” reviewed by the Fire Code Official and approved by the Mayor
and/or City Council and the Fire Chief.
6-2-19:
DISPLAY FIREWORKS — SALE OF "DANGEROUS FIREWORKS"
PROHIBITED: It shall be unlawful for any person to sell, convey or offer for sale any
dangerous fireworks to any person who is not a holder of a valid fireworks permit for
public display, or who is not employed by a corporation or association who is a holder of
such permit.
6-2-20:
DISPLAY FIREWORKS — PERMIT APPLICATION: Any person desiring
to conduct a public display of fireworks within the City shall apply to the City Clerk for a
permit. Prior to issuing permits for a fireworks display, plans for the display, inspection of
the display site and demonstrations of the display operations shall be approved by the
Fire Code Official. A plan establishing procedures to follow and actions to be taken in the
event that a shell fails to ignite in, or discharge from, a mortar or fails to function over the
fall-out area or other malfunctions shall be provided to the Fire Code Official.
6-2-21:
DISPLAY FIREWORKS — PERMIT INFORMATION: An applicant for a
"Fireworks Permit for Public Display" shall furnish the following information to the Clerk:
(A) The name, address, email address, and phone number of the individual,
group, or organization sponsoring the outdoor fireworks display.
(B) Age of the applicant if not a business entity (No permit shall be issued to a
person under the age of twenty one (21).
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(C) Names and addresses of officers, if an association or corporation.
(D) The date and time of day at which the outdoor fireworks display is to be
held, with a proposed rain/wind date and time in the event the display is
postponed.
(E) The name, address, email address, and phone number of the supplier of
the fireworks, if different from that of the operator.
(F) The exact location planned for the outdoor fireworks display.
(G) Evidence of financial responsibility by the sponsor of the event or festival
and by the operator of the fireworks display. A copy of a valid certificate of
public liability insurance issued by a company licensed to issue insurance
policies within the State of Idaho, providing a combined single limit of not
less than one million dollars ($1,000,000) for personal injury and one-
hundred thousand dollars ($100,000) for property damage from a public
display of special fireworks. A copy of said policy shall be furnished at the
time of the application.
(H) Confirmation of the Operator or “Shooter” is trained in pyrotechnic displays
and the number of assistants who are to be present.
(I) The approximate number and kinds of fireworks to be discharged.
(J) The manner and place of storage of such fireworks prior to delivery to the
outdoor fireworks display site.
(K) A diagram of the grounds on which the outdoor fireworks display is to be
held showing the point at which the fireworks are to be discharged; the
location of all buildings, highways, and other lines of communication; the
lines behind which the audience is to be restrained; and the location of
other possible overhead obstructions.
(L) Upon receipt of such application 10 days in advance of the date set for this
outdoor fireworks display, the Fire Code Official should make or initiate an
investigation of the site of the proposed display for the purpose of
determining compliance with these regulations in the case of the particular
display.
6-2-22:
DISPLAY FIREWORKS — PERMIT APPROVAL: The Council shall have
the power to grant or deny such application after investigation and recommendation by
the Fire Code Official. No fee shall be charged for a "Fireworks Permit for Public
Display." Such permit, if granted, shall authorize the permittee to purchase, transport,
keep and use fireworks for the purposes of the public display, but shall not authorize the
permittee to sell, distribute or give away any fireworks, except to the wholesaler or
distributor from which they were obtained. The permit shall be valid only for the public
display for which applied.
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6-2-23:
DISPLAY FIREWORKS — APPROVED DISPLAYS: Approved displays
shall include only the approved Division 1.3G, Division 1.4G, and Division 1.4S
fireworks; shall be handled by an approved competent operator, and the fireworks shall
be arranged, located, discharged and fired in a manner that will not pose a hazard to
property or endanger any person.
Outdoor displays shall be in compliance with the adopted Fire Code, NFPA 1123, and
NFPA 1126, State and local laws and this ordinance, and are subject to the review and
recommendation of the Fire Code Official.
Proximate audience displays shall be in compliance with the adopted Fire Code, NFPA
1123, and NFPA 1126, State and local laws and this ordinance, and shall include plans
for indicating the required clearances for spectators and combustibles, crowd control
measures, smoke control measures, and requirements for standby personnel and
equipment when provision of such personnel or equipment is required by the Fire Code
Official.
6-2-24:
GENERAL PROHIBITIONS: It shall be unlawful for any person to;
(A) Alter any fireworks;
(B) Throw any fireworks from, into, or at a moving vehicle or at any person;
(C) Sell or use any fireworks at any time not permitted under this chapter;
(D) Use fireworks in any area that constitutes a severe fire threat based on the
vegetative conditions during the current fire season as determined by the City
of Ammon Fire Chief or his designee.
(E) Or otherwise use fireworks not allowed in this chapter.
6-2-25:
EXCEPTIONS: The provisions of this chapter do not apply to and shall
not prohibit:
(A) The use of flares, noisemakers, or signals designed and used for the purpose
of protecting the public;
(B) The use of blank cartridges;
(C) The use of flares or noisemakers designed and labeled specifically for pest
control purposes and approved by the Idaho department of fish and game;
(D) The continued use of existing facilities for long-term storage of fireworks by
wholesalers
(E) Manufacturing of fireworks in this state; and
(F) The importation, storage, and sale of fireworks for export from this state, or
interstate commerce in fireworks.
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6-2-26:
LIABILITY OF PARENTS OR GUARDIANS: The parents, guardians, or
other persons having custody or control of a minor shall be liable for damage caused by
the use of fireworks by the minor.
6-2-27:
ENFORCEMENT: This chapter shall be enforced by the City in conjunc-
tion with the department and the Bonneville County Sheriff’s office.
6-2-28:
PENALTIES--INJUNCTIONS: Unless otherwise specified, any violation of
the provisions of this chapter shall be deemed to be a misdemeanor and shall be subject
to penalties prescribed for such violations under section 1-4-1 of this code. Any violation
of the provisions of section 6-2-13 of this chapter shall be deemed an infraction and shall
be subject to the penalties as provided for in section 1-4-2.
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