HomeMy WebLinkAboutOrdinance 2011.09 Amending title 10 of the town code relating to fireworks F. ANN RODRIGUEZ, RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded By: JSH of PIM
DEPUTY RECORDER V `� SEQUENCE: 20110830218
O
497
*Z NO. PAGES: 3
SMARA x� ; ORDIN 03/24/2011
TOWN OF MARANA
TOWN CLERK `gRIZ01 12:30
MAIL
11555 W CIVIC CENTER DR AMOUNT PAID: $8.00
MARANA AZ 85653
i
MARANA ORDINANCE NO. 2011.09
RELATING TO HEALTH AND SANITATION; AMENDING MARANA TOWN CODE
CHAPTER 10 -5 ENTITLED "FIREWORKS PERMITS "; RENAMING CHAPTER 10 -5 AS
"FIREWORKS "; ADDING DEFINITIONS TO THE CHAPTER; ESTABLISHING
PROHIBITED AND PERMITTED ACTIVITIES IN CONFORMANCE WITH STATE LAWS
REGARDING THE SALE, POSSESSION AND USE OF FIREWORKS; RENUMBERING
EXISTING CHAPTER 10 -5; CLARIFYING INVESTIGATION AND INSURANCE
REQUIREMENTS FOR PUBLIC DISPLAYS OF FIREWORKS; ESTABLISHING CRIMINAL
PENALTIES FOR VIOLATIONS; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. § 36 -1606 to adopt ordinances and
regulations regarding the sale, use and possession of any fireworks other than permissible con-
sumer fireworks; and
WHEREAS the Town Council finds that the regulations established by this ordinance are
necessary for the public health, safety and general welfare of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Chapter 10 -5 is hereby renamed "Fireworks."
SECTION 2. Existing section 10 -5 -1 of the Marana Town Code is hereby deleted and a
new section 10 -5 -1, entitled "Definitions," is added as follows:
10 -5 -1 Definitions
In this chapter, unless the context requires otherwise, the following terms shall
have the following meanings:
A. "Display firework," "fireworks" and "permissible consumer fireworks" are de-
fined as provided in A.R.S. § 36 -1601 or any successor provision.
B. "Public display of fireworks" means a performance of display fireworks open
to the public and authorized by a permit issued by the town.
SECTION 3. New section 10 -5 -2, entitled "Prohibited conduct; exceptions" is added to
the Marana Town Code as follows and the sections that follow are renumbered to conform:
10 -5 -2 Prohibited conduct; exceptions
A. Except as otherwise provided in this chapter, it is unlawful to:
1. Sell, use or possess any fireworks within the town limits.
2. Put on a public display of fireworks without first obtaining a permit for a
public display of fireworks from the town.
Marana Ordinance 2011.09 - 1 - {00025174.DOC / 2}
B. This chapter does not prohibit:
1. The sale of permissible consumer fireworks by a retail establishment if the
retail establishment complies with the rules adopted pursuant to A.R.S.
§ 36 -1609.
2. The use or possession of permissible consumer fireworks by the general
public.
3. A public display of fireworks authorized by a permit issued by the town pur-
suant to the procedures set forth in this chapter.
SECTION 4. Existing section 10 -5 -5 of the Marana Town Code (renumbered as section
10 -5 -6 by section 3 of this ordinance), is hereby revised as follows (with deletions shown with
stfikeouts and additions shown with double underlininiz
10 -5-56 Investigation issuance of Permit
&_ Upon receipt of an application for a permit for a public display of fireworks.
UThe town clerk shall forward the application to the fire chief for investiaation.
The fire chief shall conduct an investigation to determine,
among other things, that the display is being handled by a competent opera-
tor, 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.
B. If the fire chief approves the public display of fireworks after investigation and
the applicant is otherwise in compliance with the provisions of this chapter.
to town clerk is hereby authorized to issue a permit for the public display of
fireworks within the town limits.
SECTION 5. Existing section 10 -5 -6 of the Marana Town Code (renumbered as section
10 -5 -7 by section 3 of this ordinance), is hereby revised as follows (with deletions shown with
seettts and additions shown with double underlining
10 -5-6Z Bond and insurance requirements
A. After considering the potential danger to property and the proximity of the dis-
play to existing structures, the town clerk shall require an applicant for a per-
or a public display of fireworks to furnish a cash bond or surety bond is-
sued by an insurance carrier licensed in the state in the sum of not less than
$500 or more than $5,000, the bond to be issued to ensure that payment be
made for all damages which may be caused to persons or property by reason
of the display.
B. In addition to any bond required by paragraph A. the applicant shall also fur-
nish insurance in a form and in amounts satisfactory to the town.
SECTION 6. New section 10 -5 -9 is added to the Marana Town Code, entitled "Classifi-
cation; continuing violations," as follows:
10 -5 -9 Classification; continuing violations
A. Whenever in this chapter any act is prohibited or declared to be unlawful or
the doing of any act is required or the failure to do any act is declared to be
unlawful, the violation of that provision is a class 3 misdemeanor.
B. Each day any violation continues shall constitute a separate offense.
Marana Ordinance 2011.09 -2- {00025174.DOC / 2}
SECTION 7. The various town officers and employees are authorized and directed to per-
form all acts necessary or desirable to give effect to this ordinance.
SECTION 8. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance.
SECTION 9. If any section, subsection, sentence, clause, phrase or portion of this ordi-
nance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 10. This ordinance shall become effective on the thirty -first day after its adop-
tion.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15 day of March, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
, Tc ele Bronson, Town Clerk F� c Ca y, Town o ey
OF11
C�
ti
z s
411111
Marana Ordinance 2011.09 - {00025174.DOC / 2}
�0 OFFICIAL RECORDS OF
4_
WHEN RECORDED, RETURN TO: �8 75 PINAL COUNTY RECORDER
TOWN OF MARANA LA DEAN -LYTLE
ATTN: TOWN CLERK
11555 W CIVIC CENTER DRIVE IME: $
FEE: 12.0 0
2011 1125
MARANA, ARIZONA 85653 FEE: $12.0
PAGES: 3
FEE NUMBER: 2011 - 025327
VIII I III VIII IIII VIIIIII I IIIIVIII I I III) III IIII
MARANA ORDINANCE NO. 2011.09
RELATING TO HEALTH AND SANITATION; AMENDING MARANA TOWN CODE
CHAPTER 10 -5 ENTITLED "FIREWORKS PERMITS "; RENAMING CHAPTER 10 -5 AS
"FIREWORKS "; ADDING DEFINITIONS TO THE CHAPTER; ESTABLISHING
PROHIBITED AND PERMITTED ACTIVITIES IN CONFORMANCE WITH STATE LAWS
REGARDING THE SALE, POSSESSION AND USE OF FIREWORKS; RENUMBERING
EXISTING CHAPTER 10 -5; CLARIFYING INVESTIGATION AND INSURANCE
REQUIREMENTS FOR PUBLIC DISPLAYS OF FIREWORKS; ESTABLISHING CRIMINAL
PENALTIES FOR VIOLATIONS; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. § 36 -1606 to adopt ordinances and
regulations regarding the sale, use and possession of any fireworks other than permissible con-
sumer fireworks; and
WHEREAS the Town Council finds that the regulations established by this ordinance are
necessary for the public health, safety and general welfare of the Town of Marana.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Chapter 10 -5 is hereby renamed "Fireworks."
SECTION 2. Existing section 10 - 5 - 1 of the Marana Town Code is hereby deleted and a
new section 10 -5 -1, entitled "Definitions," is added as follows:
10 -5 -1 Definitions
In this chapter, unless the context requires otherwise, the following terms shall
have the following meanings:
A. "Display firework," "fireworks" and "permissible consumer fireworks" are de-
fined as provided in A.R.S. § 36 -1601 or any successor provision.
B. "Public display of fireworks" means a performance of display fireworks open
to the public and authorized by a permit issued by the town.
SECTION 3. New section 10 -5 -2, entitled "Prohibited conduct; exceptions" is added to
the Marana Town Code as follows and the sections that follow are renumbered to conform:
10 -5 -2 Prohibited conduct; exceptions
A. Except as otherwise provided in this chapter, it is unlawful to:
1. Sell, use or possess any fireworks within the town limits.
2. Put on a public display of fireworks without first obtaining a permit for a
public display of fireworks from the town.
Marana Ordinance 2011.09 - 1 - {00025174.DOC / 2}
B. This chapter does not prohibit:
1. The sale of permissible consumer fireworks by a retail establishment if the
retail establishment complies with the rules adopted pursuant to A.R.S.
§ 36 -1609.
2. The use or possession of permissible consumer fireworks by the general
public.
3. A public display of fireworks authorized by a permit issued by the town pur-
suant to the procedures set forth in this chapter.
SECTION 4. Existing section 10 -5 -5 of the Marana Town Code (renumbered as section
10 -5 -6 by section 3 of this ordinance), is hereby revised as follows (with deletions shown with
strikeetits and additions shown with double underlining
10 -5-55 Investigation issuance A permit
A. Upon..receiot of an application fora permit for a public display of fireworks.
#the town clerk shall forward the application to the fire chief for investigation.
The fire chief shall conduct an investigation to be GenduGted to determine,
among other things, that the display is being handled by a competent opera-
tor, 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.
B. If the fire chief approves the public display of fireworks after investigation and
the applicant is otherwise in compliance with the provisions of this chapter.
the town clerk is hereby authorized to issue a permit for the public disp1gy of
fireworks within the town limits.
SECTION 5. Existing section 10 -5 -6 of the Marana Town Code (renumbered as section
10 -5 -7 by section 3 of this ordinance), is hereby revised as follows (with deletions shown with
st6keeats and additions shown with double underlining)
10 -5-6Z Bond and insurance requirements
L After considering the potential danger to property and the proximity of the dis-
play to existing structures, the town clerk shall require an applicant fora per-
mit for a public display of fireworks to furnish a cash bond or surety bond is-
sued by an insurance carrier licensed in the state in the sum of not less than
$500 or more than $5,000, the bond to be issued to ensure that payment be
made for all damages which may be caused to persons or property by reason
of the display.
B. In addition to any bond required by paragraph A. the applicant shall also fur-
nish insurance in a form and in amounts satisfactory to the town.
SECTION 6. New section 10 -5 -9 is added to the Marana Town Code, entitled "Classifi-
cation; continuing violations," as follows:
10 -5 -9 Classification; continuing violations
A. Whenever in this chapter any act is prohibited or declared to be unlawful or
the doing of any act is required or the failure to do any act is declared to be
unlawful, the violation of that provision is a class 3 misdemeanor.
B. Each day any violation continues shall constitute a separate offense.
Marana Ordinance 2011.09 -2- {00025174.DOC / 2}
SECTION 7. The various town officers and employees are authorized and directed to per-
form all acts necessary or desirable to give effect to this ordinance.
SECTION 8. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance.
SECTION 9. If any section, subsection, sentence, clause, phrase or portion of this ordi-
nance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 10. This ordinance shall become effective on the thirty -first day after its adop-
tion.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15 day of March, 2011.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
xw o elyn C. onson, Town Clerk F nk C Kid,, To7� ey
MOM
AMR, a� WE
i OOC
i $EAI�
Marana Ordinance 2011.09 -3- {00025174.DOC / 21