Chapter 8.20
FIREWORKS
Sections:
8.20.030 Display fireworks – Issuance of permits.
8.20.040 Display fireworks – Application.
8.20.050 Display fireworks – Permit fee.
8.20.070 Display fireworks – Investigation.
8.20.080 Display fireworks – Financial requirements.
8.20.090 Display fireworks – Permit nontransferable.
8.20.010 Definitions.
A. “Fireworks,” “consumer fireworks,” and “display fireworks” shall be defined as provided in ARS 36-1601 et seq.
B. “Person” includes individual, partnership, firm, corporation or association.
C. “Pyrotechnic operator” means a person who has shown the town fire marshal that the person has the ability and knowledge through experience or training to safely and properly handle display fireworks. [Ord. 2011-049 § 1.]
8.20.020 Consumer fireworks.
A. Consumer fireworks may be used within the town.
B. The use, discharge or ignition of consumer fireworks may be prohibited from time to time, by resolution of the town council, due to dry, desert-like conditions which increase risk of wildfires. Adoption of such a resolution will be made public by posting notice on the town’s website. [Ord. 2011-049 § 1.]
8.20.030 Display fireworks – Issuance of permits.
The town fire marshal is hereby authorized to issue permits for the use of display fireworks within the town limits, subject to compliance by the applicant with this chapter and conditions set forth in the display fireworks permit. This chapter shall not be construed so as to restrict the manufacture or possession, by a qualified pyrotechnic operator, of aerial set pieces designed for use in pyrotechnical displays, or the display of such set pieces in accordance with the terms of this chapter. [Ord. 2011-049 § 1.]
8.20.040 Display fireworks – Application.
Any person wishing to use display fireworks within the town limits must make written application for a display fireworks permit to the town fire marshal, on a form to be prescribed by the town fire marshal, not less than 30 days prior to the date of the fireworks display. [Ord. 2011-049 § 1.]
8.20.050 Display fireworks – Permit fee.
All applications for display fireworks permits must include a nonrefundable permit fee as set forth in Chapter 3.10 STC to cover the cost of investigating the application and processing of permits. [Ord. 2011-049 § 1.]
8.20.060 Reserved.
[Ord. 2011-049 § 1.]
8.20.070 Display fireworks – Investigation.
The town fire marshal is hereby directed to cause an investigation to be conducted to determine, among other things, that the display is being handled by a qualified pyrotechnic operator, and that the display of fireworks is of such character and located in such an area that when the display fireworks are discharged they will not be hazardous to property or endanger any person. [Ord. 2011-049 § 1.]
8.20.080 Display fireworks – Financial requirements.
A. Applicant shall post a cash bond or surety bond issued by an insurance carrier licensed in the state of Arizona in the sum as set forth in Chapter 3.10 STC and as approved by the town fire marshal. Alternatively, applicant shall provide for its own liability insurance and general liability insurance each in the amount as set forth in Chapter 3.10 STC as approved by the town fire marshal. Each such bond or policy shall specifically show the town as an additionally named insured.
B. Each applicant shall be required to hold harmless the town for any and all damages or injury occurring as a result of the possession, use or display of fireworks, and each permittee shall defend all actions brought against the town with relation to the permit for fireworks, and shall pay all judgments against the town in relation to the permit and shall appeal at the option of the town all judgments against the town resulting from the granting of the permit. [Ord. 2011-049 § 1.]
8.20.090 Display fireworks – Permit nontransferable.
Any permit issued pursuant to this chapter is not transferable nor assignable, and shall be issued in the name of the applicant, with the competent operator of the fireworks display to be designated thereon, and shall specify and be limited to the specific location, times, number and types of fireworks as contained in the permit. [Ord. 2011-049 § 1.]