A. Sale: Subject to federal, state, and local laws and ordinances governing such sales, to include applicable zoning and business license regulations, and as provided by state law governing the periods during which such sales may occur, class C common state approved explosives may be sold within the jurisdictional boundaries of the city of LaVerkin each year: 1) beginning on June 23, and ending on July 27; 2) beginning on December 29, and ending on December 31; and 3) two (2) days before and on the eve of the Chinese New Year.
B. Discharge:
1. It shall be unlawful to discharge fireworks of any kind from moving vehicles, on or onto hillsides, or near dry vegetation.
2. It shall be unlawful to discharge class C dangerous explosives.
3. Subject to the above prohibitions on the discharge of fireworks, the following stages shall apply to the discharge of class C common state approved fireworks and display fireworks, which stages (and duration thereof), except for stage one, shall be set by resolution of the LaVerkin City council, depending on the climatic conditions existing at a given time:
a. Stage One; Limited Restrictions: Unless stage restrictions are declared by resolution of the city council, the provisions of this subsection shall apply. During a period of stage one restrictions:
(1) Except where expressly prohibited by federal, state or local law or ordinance, or where otherwise posted, and subject to the provisions of subsection B3a(2) of this section, persons exercising reasonable caution and prudence may discharge class C common state approved explosives each year:
(A) Between the hours of eleven o'clock (11:00) A.M. and twelve o'clock (12:00) midnight on July 4 and July 24; and
(B) Between the hours of eleven o'clock (11:00) A.M. and eleven o'clock (11:00) P.M., beginning on July 1 and ending on July 7, and beginning on July 21 and ending on July 27, except as set forth in subsection B3a(1)(A) of this section; and
(C) Beginning at eleven o'clock (11:00) A.M. on December 31 and ending at one o'clock (1:00) A.M. on January 1; unless New Year's Eve falls on a Sunday and the city council has, by resolution, designated the Saturday preceding New Year's Day as the date upon which to celebrate New Year's Eve in LaVerkin, in which case such discharge may commence at eleven o'clock (11:00) A.M. on said Saturday;
(D) Between the hours of eleven o'clock (11:00) A.M. on the eve of the Chinese New Year and one o'clock (1:00) A.M. of the day of the Chinese New Year.
(2) During the dates or time periods set forth in subsection B3a(1) of this section, no class C common state approved explosives may be discharged within the jurisdictional limits of the city:
(A) By persons not exercising reasonable caution and prudence; or
(B) In violation of park curfews as established by this title.
(3) The city, as part of a community sponsored event, may discharge: a) class C common state approved fireworks and b) display fireworks at such times and places as permitted by state law and in connection with community sponsored events, to include, but not be limited to, the periods allowed by law from June 23 through July 27; on the evening of the city's "Winterfest" celebration; on December 31 and January 1; and on the day before and the day of the Chinese New Year.
b. Stage Two; Enhanced Restrictions: During a period of stage two restrictions:
(1) Except where expressly prohibited by federal, state or local law or ordinance, or where otherwise posted, and subject to the provisions of subsection B3b(2) of this section, persons exercising reasonable caution and prudence may only discharge class C common state approved fireworks within the jurisdictional boundaries of the city of LaVerkin, at location(s) and during such time frame(s) as specifically designated by LaVerkin City; which may be coextensive with, or for a portion of or set of dates and/or times within, the following time periods:
(A) Between the hours of eleven o'clock (11:00) A.M. and twelve o'clock (12:00) midnight on July 4 and July 24; and
(B) Between the hours of eleven o'clock (11:00) A.M. and eleven o'clock (11:00) P.M., beginning on July 1 and ending on July 7, and beginning on July 21 and ending on July 27, except as set forth in subsection B3b(1)(A) of this section; and
(C) Beginning at eleven o'clock (11:00) A.M. on December 31 and ending at one o'clock (1:00) A.M. on January 1; unless New Year's Eve falls on a Sunday and the city council has, by resolution, designated the Saturday preceding New Year's Day as the date upon which to celebrate New Year's Eve in LaVerkin, in which case such discharge may commence at eleven o'clock (11:00) A.M. on said Saturday;
(D) Between the hours of eleven o'clock (11:00) A.M. on the eve of the Chinese New Year and one o'clock (1:00) A.M. of the day of the Chinese New Year.
(2) During the dates or time periods set forth in subsection B3b(1) of this section, no class C common state approved explosives may be discharged within the jurisdictional limits of the city:
(A) By persons not exercising reasonable caution and prudence; or
(B) In violation of park curfews as established by this title.
(3) The city, as part of a community sponsored event, may discharge: a) class C common state approved fireworks and b) display fireworks at such times and places as permitted by state law and in connection with community sponsored events, to include, but not be limited to, the periods allowed by law from June 23 through July 27; on the evening of the city's "Winterfest" celebration; on December 31 and January 1; and on the day before and the day of the Chinese New Year.
c. Stage Three; Restricted To City Use: During a period of stage three restrictions:
(1) The use and/or discharge of fireworks within the jurisdictional boundaries of the city of LaVerkin shall be restricted to city use only. Discharge of class C common state approved fireworks or display fireworks shall be limited to professional pyrotechnic displays at community sponsored events and by licensed display operators; and may be used and/or discharged at such times and places as permitted by state law and in connection with community sponsored events, to include, the periods allowed by law from June 23 through July 27; on the evening of the city's "Winterfest" celebration; on December 31 and January 1; and on the day before and the day of the Chinese New Year.
(2) It shall be unlawful for persons to discharge fireworks of any kind within the jurisdictional limits of the city.
d. Stage Four; Full Restriction: It shall be unlawful to discharge fireworks of any kind anywhere within the jurisdictional boundaries of the city of LaVerkin during a period of stage four restrictions.
C. General Prohibition: It shall be unlawful for any person to use and/or discharge fireworks except as expressly permitted in this section. (Ord. 2012-02, 4-4-2012)