Section 5609 Fireworks Sales and Use. Amend Section 5609 to read as follows:
5609.1 General. Retail sales and use of non-aerial common and dangerous fireworks shall be in accordance with this section.
5609.2 Definitions.
NON-AERIAL COMMON FIREWORKS. Any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not travel outside a fifteen (15) foot diameter circle, or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet.
Exception: The term "fireworks" shall not include any blank cartridge, automotive safety flares, toy guns or toy cannons, caps, or other items designed for use with toy guns or cannons, party poppers, pop-its, party favors, or other device which contains twenty-five hundredths (.25) of a grain or less of explosive substance.
DANGEROUS FIREWORKS. Fireworks meeting the following criteria are to be considered "dangerous fireworks":
1. Fireworks containing explosive material that will burn or deflagrate when ignited. Examples include, but are not limited to, firecrackers, cherry bombs, M-80s;
2. Fireworks that leave the ground of their own accord or fly when tossed into the air. Examples include, but are not limited to, skyrockets, bottle rockets, mortar shells, Roman candles;
3. Fireworks designed for ground or near ground use that travel outside of a fifteen (15) foot diameter circle;
4. Fireworks designed for ground or near ground use that, as a means of propulsion, emit showers or sparks longer than twelve (12) inches;
5. Fireworks designed for use from a stationary position that emit sparks, showers, or flaming balls, vertically more than twenty (20) feet, or which discharge material beyond a twenty (20) foot in diameter area.
5609.3 Dangerous Fireworks Prohibition and Permit. It shall be unlawful for any person in the City to import, export, offer for sale, sell, possess, use, keep, or store or permit the keeping or storing of any "dangerous fireworks" for any use or purpose.
Exception: A person holding a Public Fireworks Display Permit issued pursuant to the terms and conditions of Section 5608 may use "dangerous fireworks" for a safely supervised and conducted public display of fireworks.
5609.4 Non-Aerial Common Fireworks Permit. No person, without having a valid Non-Aerial Common Fireworks Permit issued pursuant to terms and conditions set forth in this chapter shall import, export, possess for the purpose of sale, offer for sale, or sell non-aerial common fireworks for any use or purpose.
5609.5 Application for Non-Aerial Common Fireworks Permit. Any person desiring to engage in the sale of non-aerial common fireworks within the City shall first make written application to the City Clerk for a Non-Aerial Common Fireworks Permit prior to May 15. Each applicant shall pay a fee to the City Clerk at the time the application is filed in accordance with the adopted fee schedule. All permits are required to be posted in the temporary fireworks stand at all times.
5609.5.1 Winter Sales Period. Holders of a non-aerial common fireworks permit intending to sell fireworks during the winter sales period shall notify the City Clerk no later than December 15.
5609.6 Insurance Required. Each applicant for a non-aerial common fireworks permit, shall have filed with the City Clerk prior to the issuance and validity of any permit, a policy, or certified true copy thereof, of public liability and products liability insurance, including both "accident" and "occurrence" coverage. The insurance coverage limits for both public liability coverage and for products liability coverage shall be at least one hundred thousand dollars ($100,000.00) per occurrence aggregate bodily, and one hundred thousand dollars ($100,000.00) per occurrence aggregate property damage, or personal injury.
5609.7 Authorized Dates for Sale and Use of Fireworks. Non-aerial common fireworks may be sold at retail and used beginning at 11:59 p.m. on June 22 to 11:59 p.m. on July 5 and beginning at 11:59 p.m. on December 25 to 11:59 p.m. on January 1.
5609.8 Temporary Fireworks Stands. Temporary fireworks stands from which non-aerial common fireworks are to be sold shall be subject to the following provisions:
1. All retail sales of non-aerial common fireworks shall be permitted only from within a temporary fireworks stand or a tent, and the sale from any other building or structure is hereby prohibited.
2. The stand in which the fireworks will be stored or sold shall not be located within twenty-five feet (25') of any other building nor within one hundred feet (100') of any gasoline station or flammable liquid dispensing device or installation.
3. All such stands shall meet the requirements of the Building and Electrical Code of the City.
4. The stand shall have exit doors at least thirty inches (30") wide at both ends of the structure and one (1) 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 stand and all doorways shall be kept free and clear from all supplies and materials at all times.
5. Each stand shall have at least two (2) fire extinguishers with a 2A minimum rating installed within the stand. Such extinguishers shall be in good working order and have a current inspection tag.
6. During business hours, each and every stand shall be staffed by at least one person who is twenty-one (21) years of age or older.
7. No person under the age of sixteen (16) shall be allowed in the non-public areas of a temporary fireworks stand.
8. 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.
9. No person shall be permitted to sleep inside any stand when it is not open for business.
10. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 25 FEET" in letters at least four inches (4") high on a contrasting background shall be posted on every exterior wall on the outside of the stand.
11. At least one (1) sign reading, "FIREWORKS - NO SMOKING WITHIN 25 FEET" in letters at least two inches (2") high on a contrasting background shall be posted on every interior wall of the stand.
12. No heating device or open flame may be used in a temporary fireworks stand at any time.
13. During the summer selling period, no temporary stand shall be erected before June 15. The premises on which the stand is erected shall be cleared of all structures and debris not later than July 12. For the winter selling period, no temporary stand shall be erected before December 15. The premises on which the stand is erected shall be cleared of all structures and debris not later than January 8.
14. No fireworks shall be discharged in or within twenty-five feet (25') of any fireworks stand. At least one sign reading, "NO FIREWORKS TO BE DISCHARGED WITHIN 25 FEET" in letters at least four inches (4") high on a contrasting background shall be prominently displayed on each exterior wall.
15. No person shall allow any rubbish to accumulate in or around any fireworks stand. Only non-combustible waste containers shall be permitted within the stand.
16. Fireworks shall not be left in the stand when it is not open for business unless the storage within the stand is in compliance with Section 5609.9.
17. No stand shall have a floor area in excess of six hundred (600) square feet.
18. No dry vegetation, Christmas trees, or any other combustible material may be stored, displayed, sold, or otherwise kept within twenty-five (25) feet of a fireworks stand.
19. Notice as provided by the authority having jurisdiction cautioning each person purchasing fireworks of the prohibitions, liabilities and penalties incorporated in this section shall be posted inside the fireworks stand.
20. Only one (1) temporary fireworks stand shall be allowed per location.
21. One (1) caretaker unit may be allowed per sales location and shall be used only for security of an operation. Such caretaker unit shall be located a minimum of twenty-five (25') feet from any temporary fireworks stand or short-term storage container.
22. Generators or other internal combustion power sources and/or their fuel shall not be located within twenty-five feet (25') of any temporary fireworks stand.
23. Vehicles shall not be parked within twenty-five feet (25') of the exterior walls/sides of any temporary fireworks stand.
5609.9 Short-Term Storage. Short-term storage facilities for non-aerial common fireworks shall be subject to the following provisions:
1. Only one (1) short-term storage container in addition to the temporary fireworks stand shall be allowed per location.
2. Short-term storage facilities shall be a minimum of twenty-five (25) feet from any other structure.
3. Short-term storage containers used during the summer sales period shall not be placed at the sales location before June 15 and shall be removed from the location no later than July 12. Short-term storage containers used during the winter sales period shall not be placed at the sales location before December 15 and shall be removed from the location no later than January 8.
4. Short-term storage containers shall not be placed on a public or private sidewalk.
5. Where a temporary fireworks stand is used as a short-term storage facility, and such stand is constructed with soft material sides, it shall be secured and monitored by a person who shall remain awake, alert, and on-site at all times.
6. The Fire Department shall be notified of the address or location of all short-term storage facilities. If the short-term storage facility is not within the boundaries of Boise City, then the permittee shall notify the authority having jurisdiction where the storage is to take place.
7. Short-term storage is allowed in any of the following, provided it is locked or otherwise secured: a temporary fireworks stand, truck, trailer, or other vehicle.
8. Short-term storage may occur in a locked or secured shipping container, shed, garage, barn or other building that is detached from an inhabited building and contains no open flames, including heating and lighting sources.
5609.10 General Prohibitions. It shall be unlawful for any person, except in compliance with this chapter to:
1. Alter any fireworks.
2. Throw any fireworks from, into or at a moving vehicle, or at any person, or into or at any structure.
3. Sell, store, possess, discharge, or use any fireworks at any time not permitted under this section.
4. Use fireworks in any area that constitutes a severe fire threat based on the vegetative or other conditions during the current fire season as determined by the Fire Chief, provided that notice of such areas is given in advance.
5609.11 Liability with Parents or Guardians. The parents, guardian or other persons having custody or control of minor shall be liable for damage caused by the use of fireworks by the minor.
5609.12 Compliance with Applicable Law. It shall be the duty of every person issued a permit to comply with all applicable provisions of the Idaho State Fireworks Act and the Boise City Code, including this chapter. A conviction or violation of the aforesaid Idaho State Fireworks Act or any of the provisions of this Chapter by the permittee, or by any of its agents, employees, or officers shall constitute a cause, in and of itself, to deny any subsequent application for a permit.
5609.13 Violations and Penalty.
1. It shall be unlawful for any person, firm or corporation to violate any of the provisions of this Section, and any violation thereof shall constitute an infraction and shall be punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees. An infraction is a civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding one hundred dollars ($100) and for which no period of incarceration may be imposed. There is no right to a trial by jury of a citation or complaint for an infraction and such trials shall be held before the court without a jury. A separate offense shall be deemed committed on each day during or which a violation occurs or continues.
2. A second and any subsequent conviction of any violation of any of the provisions of this Section within five years shall constitute a misdemeanor, punishable by a fine of not more than three hundred dollars ($300.00) or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.
3. Fireworks being used in violation of this chapter shall be confiscated by law enforcement or by the Boise Fire Department.
(Ord. 48-20, 12-8-2020, eff. 1-1-2021)