HomeMy WebLinkAboutOrdinance 89.29 Regulating the possession and use of fireworks within the townORDINANCE NO. 89.29
AN ORDINANCE OF THE MARANA TOWN COUNCIL REGULATING THE USE AND
POSSESSION OF FIREWORKS WITHIN THE TOWN
WHEREAS Section 36-1603 et seq allows the Town Council
to adopt reasonable rules and regulations for the granting of
permits for supervised public displays of fireworks within the
Town limits, and to provide regulations therefore.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of
the Town of Marana, Arizona as follows:
1. That the Town Clerk is hereby authorized to issue
permits for public displays of fireworks within the Town limits,
subject to compliance by the applicant with this Ordinance.
2. Any person wishing to have a public display of
fireworks within the Town limits must make written application
for a fireworks permit to the Town Manager, on a form to be
prescribed by the Town Manager, not less than fifteen days prior
to the date of the fireworks display.
3. All applications for fireworks permits must include
a non-refundable permit fee in the amount of $100.00 to cover the
cost of investigating the application and processing of permits.
4. Each application for a fireworks permit shall
phone number and date of birth
include the following information:
A. The name, address,
of the applicant.
B. The occupation, business address and business
phone number of the applicant.
C. The date or dates that the public display of
fireworks will be held, the times during which the public display
of fireworks will be held, and the location from which the
public display of fireworks will be held.
D. A complete description of the method, manner and
handling of all fireworks, including but not limited to the
storage prior to the public display, and the manner in which the
public display will be held.
E. The name, address and phone number of the operator
of the public display of fireworks, together with a full
description of all of the operator's qualifications and
experience to operate a public display of fireworks.
F. The exact type and number of fireworks to be
utilized at the public display.
5. The Town Manager shall cause an investigation to be
conducted to determine, among other things, that the display is
being handled by a competent operator, and that the display of
fireworks is of such character and located in such an area that
when the fireworks are discharged they will not be hazardous to
property or endanger any person.
6. After considering the potential danger to property
and the proximity of the display to existing structures, the Town
Manager shall require a cash bond or surety bond issued by
an insurance carrier licensed in the State of Arizona in the sum
of not less than $500.00 nor more than $5,000.00, said bond to be
issued to insure that payment be made for all damages which may
be caused to persons or property by reason of the display.
7. Any permit issued pursuant to this Ordinance 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.
8. The fees required pursuant to paragraph 3 may be
waived in the sole discretion of the Town Manager for non-profit
corporations whose principal place of business is located within
the Town of Marana.
9. Other than as set forth in this Ordinance, the
sale, use or possession of any fireworks within the Town limits
is unauthorized and unlawful.
10. Any violation of this Ordinance or a violation of
the terms and conditions as set forth in the fireworks permit
shall be deemed to be a Class 1 Misdemeanor.
11. If any provision of this Ordinance or its
application to any person or circumstance is held invalid or
unconstitutional, the invalidity or unconstitutionality does not
affect other provisions or applications of this Ordinance which
can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are severable.
WHEREAS, the immediate operation of this Ordinance is
necessary for the preservation of the public peace, health and
safety of the Town of Marana, Arizona, an emergency is hereby
declared to exist, and this Ordinance shall be in full force and
effect from and after its passage and adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town
of Marana, Arizona this ~ day of ~~ fib/ 1989.
MAYOR
Date Signed: o/GT/,~ /~~,~`~
ATTEST:
WN LERK
APPROVED AS TO FORM:
WN ATTORN