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036 of 1983 - Amendment of Title 20 adding New Chapter 30 relating to Fireworks Sellers and Firework Displays 0 .83-23 } yq SALT LAKE CITY ORDINANCE No. 36 of 1983 (Fireworks Sellers and Fireworks Displays ) AN ORDINANCE AMENDING TITLE 20 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AS AMENDED, BY ADDING A NEW CHAPTER 38 THERETO, RELATING TO FIREWORKS SELLERS AND FIREWORKS DISPLAYS. Be it ordained by the City Council of Salt Lake City, Utah : SECTION 1 . That Title 20 of the Revised Ordinances of Salt Lake City , Utah, 1965, as amended, be, and the same hereby is, amended by ADDING a new Chapter 38, relating to Fireworks Sellers and Fireworks Displays as follows : Chapter 38 FIREWORKS SELLERS AND FIREWORKS DISPLAYS Sections: 20-38-1 . Unlawful to operate without a license. 20-38-2. Fee for license. 20-38-3 . Date of sales and date of discharge of fireworks. 20-38-4. Outdoor sales. 20-38-5 . Indoor sales. 20-38-6. Age of purchasers of fireworks. 20-38-7. Smoking prohibited . 20-38-8. Signs required. 20-38-9. Cleanup of loose powder. 20-38-10. Sale of fusees to underage persons prohibited. 20-38-11 . Fusees to be lit for emergencies only. Sec. 20-38-1 . Unlawful to operate without a license. It shall be unlawful for any person to engage in the business of selling fireworks without first having obtained a _license to do SO. Licenses shall be designated as indoor sales or outdoor sales. Sec. 20-38-2 . Fee for license. The fee for a license to sell fireworks shall be as follows: ( 1 ) Business revenue license for permanent businesses as set forth in Chapter 3 of this Title. ( 2 ) Temporary businesses, $50. 00. For the purposes of licensing, a temporary business shall mean a business whose main purpose is to sell fireworks. (3 ) Regulatory license, $150.00 . The above license fees must be paid at least ten ( 10 ) days prior to the opening of the business, except for the year 1983 , and the license shall run for the calendar year in which the license is issued or any part thereof. Sec. 20-38-3. Date of sales and date of discharge of fireworks. It shall be illegal for any person to sell fireworks on dates other than as provided by state law. It shall also be illegal for any person to discharge fireworks, except as provided by state law. Sec. 20-38-4 . Outdoor sales. Sales from other than indoor structures, as defined in Section 20-38-5 of this chapter, shall be made only from temporary stands or trailers which meet the -2- following criteria: ( 1 ) All stands and/or trailers shall comply with the provisions of Chapter 16, Title 5, of the Revised Ordinances of Salt Lake City , Utah, 1965, as amended, or any successor provision. No stand shall be erected on the sales site, nor shall any trailer be placed on the sales site, more than five ( 5) days prior to each of the dates that sales are permitted under state law. ( 2) The fireworks stands or trailers must be removed within five ( 5) days after the end of each of the sales periods. ( 3 ) All electrical installations associated with temporary stands or trailers shall conform to the applicable Salt Lake City Electrical Code. ( 4 ) No stand or trailer shall be installed or located , except in accordance with the applicable zoning ordinances. ( 5) Each stand or trailer shall have an approved fire extinguisher type of 2A-10BC, or approved Salt Lake City Fire Department equivalent. (6 ) No stand or trailer shall be located in such a way as to eliminate the off street parking required by the applicable zoning ordinances. (7 ) All stands or trailers shall have an aisle within them that shall be maintained free and clear of all obstructions and which shall be at least three ( 3) feet in width. ( 8 ) All stands or trailers shall be so constructed that -3- customers may not reach the fireworks until the fireworks are actually purchased. (9) All stands and trailers shall be securely locked when not in use, and no person shall be allowed to sleep overnight in the stand or trailer. (10) All sales personnel must be age sixteen (16) years or older. (11) The area surrounding the stand or trailer 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 from the stand or trailer and shall be located upon hard surfaced areas only. (12) No stand or trailer shall be located closer than fifty (50) feet to any LP gas or gasoline storage and/or dispensing device. Sec. 20-38-5. Indoor sales. (1) Definitions. (a) Indoor sales: Sales conducted inside a permanent structure located in areas properly zoned for retail sales. (b) Permanent structure(s): A non moveable building which is securely attached to a foundation. (2) Display of fireworks inside permanent structures shall be allowed provided the following criteria are met: (a)(1) If 500 pounds or more of fireworks are displayed for sale, the display of fireworks must be -4- 4 constantly attended by a sales person. ( 2) If more than 250 pounds, but less than 500 pounds, of fireworks are displayed for sale, the display must be within constant visual supervision of licensee's personnel . (b ) The display of fireworks shall be located not less than fifty ( 50 ) feet from any flammable liquid, gas, other highly combustible material , or from any open flame. (c ) Fireworks shall not be located for display or storage near exit doorways, stairways, or other locations where, if the fireworks caught fire, it would impede egress from the building . (d ) Fireworks shall be stored, handled , displayed, and sold only as packaged units. Broken packages shall be removed immediately upon discovery of the broken package. Sec. 30-38-6. Age of purchasers of fireworks. It shall be illegal for any person under the age of sixteen ( 16 ) years to purchase any fireworks unless accompanied by a parent or guardian. It shall be unlawful to sell to any person under the age of sixteen ( 16 ) years unless said person is accompanied by a parent or guardian. Sec. 20-38-7. Smoking prohibited. It shall be illegal for any person to smoke or to use open flames or to discharge any fireworks within fifty ( 50 ) feet of any fireworks stand or trailer or other display of fireworks for sale. -5- Sec. 20-38-8. Signs required . ( 1 ) Every outdoor fireworks stand or trailer shall have posted on it in a conspicuous manner signs which read substantially as follows: ( a) No smoking within the distance of fifty ( 50 ) feet of the fireworks stand or trailer. (b) No fireworks discharge shall be allowed within the distance of .fifty ( 50 ) feet of the fireworks stand or trailer. (c ) The dates on which fireworks may be legally discharged pursuant to State law. ( 2 ) Every indoor fireworks seller shall have posted in conspicous manner signs which read substantially as follows: ( a) No smoking or open flames allowed within fifty ( 50 ) feet of the fireworks display. (b) The dates on which fireworks may be legally discharged pursuant to State law. Section 20-38-9. Cleanup of loose powder. Spilled powder from broken fireworks shall be immediately removed and safely disposed of. Sec. 20-38-10. Sale of fusees to underage persons prohibited. It shall be unlawful for any person to sell or offer to sell any railroad , aviation or highway fusee or flare, to any person whose age is less than that at which he or she may be -6- licensed to operate a motor vehicle under the laws of the State of Utah. Sec. 20-38-11 . Fusees to be lit for emergencies only. It shall be unlawful for any person to ignite or cause to be ignited , any railroad , aviation or highway fusee, or similar fusee or flare, within the corporate limits of Salt Lake City for any purpose other than emergency signaling. SECTION 2. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City , Utah, this 14th day of June , 1983 . i CHA RMAN r� ATTEST: A d4& MTIZ R., D R June 23, 1983 Transmitted to Mayor on Mayor 's Action: June 23, 1983 I SAY ATTEST: CITY RECORDER (S E A L) -7- BILL 36 of 1983 Published: June 20, 1983 Affidavit of Publication STATE OF UTAH, SS. County of Salt Lake Cheryl GieTloff SALT .................................................................. LAKE city 6-05TWAX-ct ..� No.36 of 1002 (Fireworks Sellars and Fireworks Displays) AN ORDINANCE AMENDING TITLE 20 OF TH9 REVISED ORDINANCES OF SALT LAKE CITY,UTAH,196S,AS AMEND- Beingfirst dui sworn deposes and says that he is legal ED,BY ADDING A NEW CHAPTE T ERETO,RELATING y p y g TO FIREWORKSSELLE�25ANDFI EE 0 KSDe �(Avs. advertisingclerk of the DESERET NEWS, a daily Be it ordained by fha iri 11 of It Lake Vfah: I SECTION 1. That Title 20 of the Revised Ordinances of$pAit (except Sunday) newspaper printed in the English `Lake city, Utah,1965,as amended,be,and the same hereby is, i I amended by ADDING i new Chapter 38, relating to�Ireworks I language with general circulation in Utah, and Cl I Sellers and Fireworks Displays as follows: i FIREWORKS SELLERS AND FIREWORKS DISPLAYS published in Salt Lake City, Salt Lake County, in the Sections:0.38 20.36 i State of Utah. -1.Unlawful operate without a license. � +•,20.38.2.Fee for license. 20 38 3.Date of sales and date of discharge of fireworks. 20,38.4,Outdoor sales. 20.38-5.Indoor sales. I That the Iegal notice of which a copy is attached hereto 20-38-6.Age of purchasers of fireworks. I 20.38.7.Smoking prohibited. t 20.38.8.Signs required. I 2 0910 Cleanu .Sale V lofs leoeossteo ponwqrrag epersonsprohibited. Pub. Ordinance No, 36 of 1983 - Fireworks 20-38-11.Fusees to be lit for emergencies only. ..... ......................................................................................................... Sec.20.38-1.Unlawful to operate without a license It shall be unlawful for any person to engage in business of selling fire- works without first having obtained a license to do so.Licenses Sellers and Fireworks 'Displays . . . shall be designated as indoor sales or oWtdoor sales. ................ ............................................................................................. Sec.2D-38.2. Fee for license.The as for a ilcehse to sell fire works shall be as follows: forftilinBusiness3o this licenseTitle. for permanent businesses as set (2) Temporary businesses,$50.00.For the purposes of licens- ing, a temporary business shall mean a business whose main Purport is to sell fireworks. (3)Regulatory license,$150.00. t The above license fees must be paid at least ten (10)days Prior to the opening of the buss except for the year 1983,and the license shall run for the cale ar year In which the license Is issued or any part thereof.• Sec.20.38-3.Date of sales and date of discharge of fireworks. It shall be 1117gal for any person to sell fireworks on dates other I _ than as provad by state law. It shall also be Illegal for any Person to discharge fireworks,except as provided by state law. Sec. 20-38-4. Outdoor sales. sales from other than indoor; was published in said newspaper on......................................... structures,as defined in Section 20-38.5 of this chapter,shall be I made only from temporary stands or trailers which meet the fol- ,f lowing criteria: q (1) All stands and/or trailers shall comply with the Provi- June 20 1983 sions of Chapter 16,Title 5,of the Revised Ordinances of Salt; ............................ ...................................................... t Lake City, Utah,1965,as amended,or any successor Provision. No stand shall be erected on the sales site,nor shell any trailer i be Placed on the sales site,more than five(5)days prior to each of the dates that sales are Permitted under state law. ....................................................... ... ... .... . .... .. ............. five(2)The fireworks stands or trailers must be removed within Leg ertisi erk (gg)days after the end of each of the sales periods. (9) All electrical installations associatd with temporary stands or trailers shall conform to the applicable Salt Lake City Electrical Code. (4)N0 stand or trailer shall be installed or located,except in accordance with the applicable zon ng ordinances. ((5) Each stand ggr trailer she have an approved fire extir 3.0th guisher type of 2A•10BC,or approved Salt Lake City Fire Depart• ore me this .................................................................................. day of men equivalent. 6) No stand or trailer shall be located In such a way as to elim nate the off street parking required by the applicable zoning A.D. 19..83 ordinances. ••••• (7)All stands or trailers shall have an aisle within them that shall be maintained free and clear of all obstructlohs and which shall be at least three(3)feet in width. (8)All stands or trailers shall be so constructed that custom- ers may rot reach the fireworks until the fireworks are actually purchased (9)A I stands and trailers shall be securely locked when not In use,and no person shall be allowed to sleep overnight to The stand or trailer. (10) All sales pesonnel must be age sixteen (16) years or older. otary Public (11) The area surrounding the stand or trailer shall be kept free and clear of all weeds debris and other flammable materials for a distancg of twenty-five(25) feet In all directions from the stand or trailer and shall be located upon hard surfaced areas only , (12),Ne stand or trail r shall be located closer than fifty(50) feet to any LP gas or gasoline storage and/or dispensing device, Sec,20-38-5.Indoor sales. (1)Definitions. (a) Indoor sales: Sales conducted Inside a Perma- nent structure located in ateas properly tolled for retail sales. Oct. 1, 1986 ................................................................ ADM 35A gt Permanent st—ture(s)'�A non moveable Wild- op i'Is securely attached to a foundation. (t)Dismay of fireworks Inside permelant structures shall be allowed provided Ilse followin criteria are met: (a1)(t)sallk�500 pWnds or V of fl aworky dls- stived aHandBe by a u11es aoersdOnlInsNurka met Sin c55oppnpp you ds,of)lift o@Wi'krs erendlwleygeedndbr shNale11aM81splay must brep�wiMm cgwlaelf viwel supervision of ucAryee•s Per(b)Tne deplav of fireworks shop be looccaated not less than fifty(W)feet from am flMlmableIlGUitl gas,oMer hanty cpnd»flble material,or from afflIY ppen•flame. (cl Fireworks hall not be Igcakd far display or storage near exit doorwaysstalrwaYs,a olfkx locations where,a Me fireworks caught fire,it would impede egress from rate but din t0r yap, and(sold or[ pacY�.alyl be W nil 1hoken I—dkseBs atNll he removed ImmedlalelY upWI5E1sNJerY of the broken al-C.Atle of W/chasers of fireworks.It shall be illegal for elks parson under the age of sixteen(16)Years to Purchase am fireworks Unlaw/ul to Milcto any under Xt1e a"Of selx1m It aua)r Years unless said person Is amempanled by a par9et or Sect 0n�9�5m1ki"open ited.Ito tole a 1179aalaffoy any w rks wlMln fifty I507 feet of any fireworks stand or trailer or other els layof fireworks for sale. )Every 5 p r lfirre i ((1 works stand or trailer shall have praed t on It in a conspicuous manner signs which read whetannallY as follows. le No smo witin h Me distance of fifty(50)feet ofthe ti king re''s t and or trailer. ne Ghlence lot flftV 1 eBischrf of".N;ewaksest am ce within trailer. (c)The dates on which fireworks nay be legally discharged "'want to discha State law. spicuous mercer Sndi r fireworks SB%r shaft have sell in wn- (a)No snekirgnoch,ea0 syyemesnalllll=wiMlni", (0)(b)Tfe dales onn hioheilraworks meY be _11, discharged pursuant io StatemL9aaw.Sec ry broken iflreworrks9 shallll be Imnl eelatelY remov Ind andgerr f wm Posed ol. Sec.10-J 10.Sale of fuppse¢¢es to undorage persons prohibited.If road,aviation Olilhighwdyyy lusae OY flare,oo OHeeO�srellln�y rage Is less than that at will he or she mew be Ikensgd to operate a motor vehicle under Me laws of Me State of Life u t-f uI((pp2,1_in,ppaar�to Ign be ite for carmr te be IgnIt".dI-shaIrvin road,aviation or highway fusee,or similar fusee or flare, in the corporate limits of Salt Lake City for any purpose otter than erne awry signaling. SECTION pp This ordinance dull take effect upon fee date of Its first isublica}ion. day Pafa-,d by Me City Council of Salt Lake City.Utah,this IeM o 9g3 isf GRANT MASEY Chairman AT TEST Is/KATHHorRYN MARSHALL Trtansmilte�d io Maya on June 14,$990 M—r',Artier, /s/TED L.WMAYOR L'1"I' HR YN MAR6HAI.L mar o1198J