A. Permit Required; Application: Except as otherwise provided under subsection C of this section, it is unlawful for any person within the limits of the city to discharge, explode or set off any rocket, squib, firecracker, roman candle, cannon, gun, rifle, pistol or any other firearm or fireworks, or combustible or explosive matter whatever without first obtaining permission of the mayor, or the mayor's designee, to do so. Such permission shall be granted only on written application made therefor and after the application has been submitted to the chief of the fire department and a report thereon made by him to the mayor or the mayor's designee. The permission provided for in this section shall be in writing and shall specify the time when and the place where such fireworks or firearms or combustible or explosive matter may be discharged, set off or exploded.
B. License Required: It is unlawful for any person to sell or to offer for sale or have in their possession or custody any rocket, squib, firecracker, roman candle, fire balloon or other combustible or explosive fireworks or any article for the making of pyrotechnical display, except sparklers and cap pistols and caps, without first obtaining from the city a business license to sell or offer for sale or have in their custody any such article.
C. Common, State Approved Explosives: Subject to the prohibitions provided in subsection D of this section, class C common state approved explosives, as defined in the Utah fireworks act, Utah Code Annotated section 53-7-201 et seq., may be possessed and discharged without a permit on the following dates and at the following times:
1. From eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. beginning on July 1 and ending on July 7; except that on July 4, the hours are from eleven o'clock (11:00) A.M. to twelve o'clock (12:00) midnight;
2. From eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M. beginning on July 21 and ending on July 27; except that on July 24, the hours are from eleven o'clock (11:00) A.M. to twelve o'clock (12:00) midnight;
3. From eleven o'clock (11:00) A.M. on December 31 to one o'clock (1:00) A.M. on the following day; and
4. From eleven o'clock (11:00) A.M. on the Chinese New Year's Eve to one o'clock (1:00) A.M. on the following day.
D. Negligent Discharge Of Fireworks: It shall be unlawful for any person to:
1. Ignite, explode, project or otherwise fire or use, or permit the ignition, explosion, or projection of any fireworks upon or over or onto the street or public property or the property of another.
2. Ignite, explode, or otherwise make use of any fireworks within one hundred fifty feet (150') of any fireworks stand.
3. Ignite, explode, project or otherwise fire or make use of any fireworks within thirty feet (30') of:
a. Any residence, dwelling or other structure; or
b. A vertical or overhead obstruction (such as a tree, line, or structural overhang) measured from the point on the ground directly below the outermost perimeter of such obstruction.
4. Ignite or discharge any fireworks within or throw the same from a motor vehicle.
5. Place any ignited article of fireworks into or near a motor vehicle or near any person or group of people.
6. Throw any ignited article of fireworks into or at a motor vehicle, or at or near any person or group of people.
7. Ignite, explode, project, or otherwise fire or use, or assist in the ignition, explosion or projection of any fireworks in a location where such use has been prohibited pursuant to section 11-6-3 of this chapter.
E. Landing Of Fireworks In Prohibited Area: It is a violation of this section for a person who ignites or assists in igniting fireworks in a lawful location to allow the fireworks to be launched into, projected over, or to land in a prohibited area. No person shall be prosecuted under this subsection E when acting reasonably under authority of a permit issued by the fire marshal.
F. Violation; Penalty: A violation of this section is:
1. An infraction, subject to the penalties provided under title 1, chapter 4, article A of this code, if the violation is based on the time of day restrictions contained in subsection C of this section; or
2. A class B misdemeanor, subject to the penalties provided under title 1, chapter 4, article A of this code, if the violation is based on any part of this section other than the time of day restrictions contained in subsection C of this section.
(Ord. 2013-28, 6-18-2013)