CHAPTER 10.60.- FIREWORKS

10.60.010. Intent.

10.60.020. Definitions.

10.60.030. Prohibitions.

10.60.040. Sale of permissible fireworks; permit required.

 

10.60.010. Intent.

The intent of this chapter is to regulate the possession, storage, sale, handling, display and discharge of fireworks within the City of Longmont.

(Ord. No. O-2010-01, § 1, 1-5-2010)

10.60.020. Definitions.

The following definitions apply to chapter 10.60 of this Code:

A. Fireworks means fireworks as defined at C.R.S. § 12-28-101(3).

B. Fireworks stand means any location used for the sale of fireworks. A fireworks stand may or may not have walls, roof, or floor and shall include any temporary structure, tent, canopy, temporary membrane type structure, fenced area, or other place where permissible fireworks are lawfully sold. A fireworks stand may not be a building, vehicle, or trailer.

C.  Permissible fireworks means items listed as permissible fireworks herein, which are designed primarily to produce visual or audible effects by combustion, including certain devices designed to produce audible or visual effects; except that no device or component shall, upon functioning, project or disburse any metal, glass, or brittle plastic fragments or fireworks discharged pursuant to a city-conducted or city-sponsored event such as a July 4th celebration. Permissible fireworks as defined in C.R.S. § 12-28-101 and the adopted fire code include the following: cylindrical fountains, cone fountains, wheels, ground spinners, illuminating torches, colored fire, dipped sticks, sparklers, snakes and glow worms. All other fireworks are unlawful, including, but not limited to, fire crackers, M-80s, aerial shells, torpedoes, skyrockets, pop-bottle rockets, and Roman candles.

(Ord. No. O-2010-01, § 1, 1-5-2010; Ord. No. O-2013-25, § 1, 6-11-2013)

10.60.030. Prohibitions.

A. Except as an authorized part of a city-conducted or city-sponsored event, it is unlawful for any person to discharge or cause to be discharged any fireworks:

1. On any city street or alley, city sidewalk, city park or other city property.

2. From within or upon any type of vehicle (motorized or not, moving or not).

3. In, on, or adjacent to any grassland, combustible vegetation, or other combustible materials.

4. Upon or adjacent to the property of another so as to cause sparks, flame, smoke, heat, sound, or odor to migrate to the property of another.

B. It is unlawful for any person to sell any fireworks within the city to anyone under the age of 16.

C. It is unlawful for any person under the age of 16 to purchase any fireworks within the city.

D. The city manager, after consultation with the public safety chief, is authorized to ban the discharge of permissible fireworks during a ban on fires or during an emergency.

E. Except as prohibited in this Code, it is lawful to discharge permissible fireworks on private property.

F. It is unlawful for any person to possess any fireworks other than permissible fireworks.

G. Any sworn police officer or sworn firefighter may confiscate any fireworks in plain sight that are not permissible fireworks.

(Ord. No. O-2010-01, § 1, 1-5-2010; Ord. No. O-2013-25, § 1, 6-11-2013)

10.60.040. Sale of permissible fireworks; permit required.

A. Permit. No person shall sell, offer to sell, or possess for the purpose of sale, any permissible fireworks without a valid, unrevoked “fireworks sale permit” issued by the public safety chief or designee under this section. The public safety chief or designee may grant a permit for the sale of permissible fireworks to an individual, organization, or group and may adopt reasonable rules and regulations consistent with this Code, regulating the granting of such permits. A permit applicant shall make written application at least 30 days before the proposed sale. Any use of public property or right-of-way requires separate application and permit under Longmont Municipal Code chapter 13.37. Any fireworks sale permit is nontransferable. fireworks may only be sold from a fireworks stand.

1. Permit application. The permit application shall include:

a. A completed application form provided by the Longmont Fire Department.

b. A site plan drawn to scale showing the location and size of the fireworks stand, all property lines and improvements within 150 feet of the stand including parking lots, buildings, roadways, and overhead utilities.

c. A copy of the applicant’s Colorado Retailer of Fireworks License from the Colorado Division of Fire Safety.

d. A certificate of insurance in the amount of $1,000,000.00, naming the city as additional insured.

e. A cash bond of $250.00 for each permitted location. The deposit shall be returned to the permit holder after the permit holder removes the stand and cleans up all related debris to the satisfaction of the public safety chief or designee. If the permit holder fails to remove the stand and debris before midnight of July 6 in the calendar year in which the permit is granted, the cash bond is forfeited to the city.

f. A permit fee of $1,000.00 for each permitted location.

g. Written evidence of authority or permission to use the property for fireworks sales and all related activity.

h. A copy of the applicant’s sales and use tax license issued by the city.

i. A statement and evidence that the applicant is 21 years of age or older.

j. The name and address of an individual 21 years of age or older designated to receive service on behalf of applicant of any notice issued under this Code.

2. Limited sales period. It is unlawful to sell any fireworks before June 19 or after July 4 of any year. Fireworks stands shall limit their hours of operation to 8:00 a.m. to 10:00 p.m. Sunday through Thursday, and to 8:00 a.m. to 12:00 a.m. Friday and Saturday.

B. Fireworks stands. It is unlawful for any person to sell any permissible fireworks except from temporary fireworks stands authorized under this Code. Sales from within buildings, from vehicles or trailers are prohibited.

1. Construction. Fireworks stands shall be constructed of noncombustible or fire resistive materials. When tents, canopies, or temporary membrane structures are used as fireworks stands they shall also comply with the adopted fire code.

2. Electrical. All electrical installations shall comply with the adopted electrical code. Generators and generator fuel shall be located in a protected location at least 25 feet from the fireworks stand. Cords and lighting shall be secured to prevent contact with combustible materials and to prevent any tripping hazards.

3. Exits. Distance to an exit from any point in a fireworks stand shall not exceed 15 feet. Two exits shall be available from any point within the structure. Dead-end aisles are prohibited. All fireworks stands shall provide for foot traffic at grade throughout. Steps and ramps or any abrupt change of grade is prohibited. All aisles and exit openings shall be at least 48 inches in width. Exits shall remain open; no curtain flap or door is allowed when the fireworks stand is occupied.

4. Location. No fireworks stand shall be located within 100 feet of any other building, structure, or vehicle fueling station, nor within 300 feet of any other fireworks stand.

5. Storage. There shall not be any fireworks stored in any fireworks stand overnight. All fireworks must be removed at the end of each business day and stored in a type 1, 2, 3 or 4 magazine.

6. Supervision. Each temporary fireworks stand and each retail sale shall be under the direct personal supervision of a person at least 21 years of age at all times. It is unlawful for any person under the age of 18 years to sell fireworks.

7. Smoking. It is unlawful to smoke inside or within 25 feet of a fireworks stand.

8. Parking. It is unlawful to park any vehicle or trailer within 25 feet of a fireworks stand.

9. Combustible materials, groundcover, flammables. No straw, sawdust, hay, or other combustible groundcover may be located inside or within 25 feet of a fireworks stand. Weeds and combustible vegetation shall be removed from the area occupied by a fireworks stand and from areas adjacent to and within 25 feet of a fireworks stand. All trash and rubbish shall be kept in containers at least 25 feet from a fireworks stand. No flammable or combustible liquids or gases may be stored, placed or used inside or within 25 feet of a fireworks stand.

10. Fire extinguisher. One five-pound, or larger, ABC, U.L. rated 2A-10B:C portable fire extinguisher shall be provided at each cashier location in a fireworks stand.

11. Demonstrations or ignition of fireworks. Demonstration or ignition of fireworks is prohibited within 100 feet of any fireworks stand or any combustible vegetation or materials.

12. Ignition sources. The use of any electrical, gas or fuel fired heating device, candle, lantern, oil lamp, open flame or heat generating device or cooking equipment is prohibited within 25 feet of a fireworks stand. All light bulbs in fireworks stands shall be protected and isolated from all combustible materials.

13. Phone required. A working telephone shall be available within 100 feet of a fireworks stand at all times the stand is occupied.

C. Postings required.

1. At least one unlawful use warning sign shall be prominently displayed in each fireworks stand, stating:

THE POSSESSION, MANUFACTURE, STORAGE, SALE, HANDLING, OR USE OF UNLAWFUL FIREWORKS IS PROHIBITED IN THE CITY.

UNLAWFUL FIREWORKS INCLUDE FIRECRACKERS, TORPEDOES, SKYROCKETS, POP-BOTTLE ROCKETS, ROMAN CANDLES, AND OTHER FIREWORKS OF LIKE CONSTRUCTION, OR ANY FIREWORK ARTICLE OR DEVICE LABELED (TYPE 1.3G) or UN0335.

IT IS UNLAWFUL TO DISCHARGE OR CAUSE TO BE DISCHARGED ANY FIREWORKS:

1. ON ANY CITY STREET, ALLEY, SIDEWALK, CITY PARK, OR CITY PROPERTY.

2. IN, FROM, WITHIN, OR UPON ANY TYPE OF VEHICLE (MOTORIZED OR NOT, MOVING OR NOT).

3. IN, ON, OR ADJACENT TO ANY GRASSLAND, COMBUSTIBLE VEGETATION, OR OTHER COMBUSTIBLE MATERIALS.

4. UPON OR ADJACENT TO THE PROPERTY OF ANOTHER, SO AS TO CAUSE SPARKS, FLAME, SMOKE, HEAT, SOUND, OR ODOR TO MIGRATE TO THE PROPERTY OF ANOTHER.

2. The unlawful use warning sign shall be printed in a color contrasting with the background. Letters shall be in a block style print at least one and one-half inches high with a 3/16-inch stroke.

3. A no smoking warning sign shall be prominently displayed on the exterior at each entrance and every 15 feet above product displays throughout the interior of each fireworks stand, stating:

NO SMOKING

4. The no smoking warning signs shall be printed in red lettering on a contrasting background. Letters shall be in a block style print at least four inches high with a one-half-inch stroke.

5. An unlawful purchase warning sign shall be prominently displayed at each entrance and at each cashier position in a fireworks stand stating:

WARNING—IT IS UNLAWFUL FOR ANY PERSON UNDER THE AGE OF 16 TO BUY FIREWORKS

6. Unlawful purchase signs shall be printed in a color contrasting with the background. Letters shall be in a block style print at least two inches high with a three-eights-inch stroke.

D. Displays of fireworks. In addition to the other requirements of this chapter and the adopted fire code, permit applications for the display of fireworks using Division 1.3G, 1.4G & 1.4S fireworks shall include the following:

l. A completed application form provided by the Longmont Fire Department.

2. A copy of the permit to transport hazardous materials issued by the Public Utilities Commission of the State of Colorado.

3. A current copy of the applicant’s Colorado Certificate Fireworks Display Operator or Pyrotechnic Operator License.

4. A certificate of insurance in the amount of at least $1,000,000.00 naming as additionally insured the city, its officers, and employees.

5. When public property or right-of-way is within the separation area as established in the adopted fire code, a cash bond in an amount determined by the public safety chief or designee to adequately cover the potential cost of cleanup. The bond will be returned after an inspection of the affected public property and right-of-way and the public safety chief or designee has determined that all debris has been removed and the area restored to its pre-display condition.

6. A permit fee of $75.00.

7. When in the opinion of the public safety chief or designee there exists a risk to property or public safety, proof that the permit holder will employ approved standby firefighters and equipment.

8. For outdoor displays, a statement that the applicant has notified every property owner and tenant within an area twice the fireworks clearance distances listed in the adopted fire code, of the intention to obtain a fireworks display permit.

E. Revocation of permits. Permitted operations shall comply with all applicable provisions of this Code. The public safety chief or designee may revoke a permit if operations under a permit fail to comply with any provision of this Code, or if the public safety chief or designee determines that operations create a hazard. The public safety chief or designee may issue a notice of revocation, stating the grounds for revocation of the permit. Any revocation is effective immediately upon service to the permit holder or the permit holder’s designated agent. A permit holder may file a written appeal of the revocation with the city manager within ten days of being served with a notice of revocation, specifying the allegations of error claimed. Within five days of receiving a timely appeal, the city manager or designee shall conduct a hearing complying with the provisions of chapter 2.98 or this Code.

(Ord. No. O-2010-01, § 1, 1-5-2010)