Chapter 8.20
FIREWORKS PERMITS

Sections:

8.20.010    Definitions.

8.20.020    Issuance of permits – Fireworks prohibited.

8.20.030    Application for permit.

8.20.040    Permit fee.

8.20.050    Required information in application.

8.20.060    Investigation.

8.20.070    Financial requirements.

8.20.080    Permit nontransferable.

8.20.010 Definitions.

A. “Fireworks” shall be defined as in ARS 36-1601(1).

B. “Person” includes individual, partnership, firm, corporation or association.

C. “Pyrotechnic operator” means a person, of good character, who has shown to the town and/or the police department that the person has the ability and knowledge through experience or training to safely and properly handle fireworks. [Ord. 2001-05 § 1; prior code § 10-4-1.]

8.20.020 Issuance of permits – Fireworks prohibited.

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 chapter. Other than as set forth in this chapter, the sale, use or possession of any fireworks within the town limits is unauthorized and unlawful. This chapter shall not be construed so as to restrict the manufacture or possession, by a qualified pyrotechnic operator, or aerial set pieces designed for use in pyrotechnical displays, or the display of such set pieces in accordance with the terms of this chapter. [Ord. 2001-05 § 1; prior code § 10-4-2.]

8.20.030 Application for permit.

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 clerk, on a form to be prescribed by the town clerk, not less than 15 days prior to the date of the fireworks display. [Ord. 2001-05 § 1; prior code § 10-4-3.]

8.20.040 Permit fee.

All applications for fireworks permits must include a nonrefundable permit fee as set forth in Chapter 3.10 STC to cover the cost of investigating the application and processing of permits. This fee may be waived in the sole discretion of the town clerk for nonprofit corporations whose principal place of business is located within the town. [Ord. 2008-07 § 13; Ord. 2001-05 § 1; prior code § 10-4-4.]

8.20.050 Required information in application.

Each application for a fireworks permit shall include the following information:

A. The name, address, phone number and date of birth 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. [Ord. 2001-05 § 1; prior code § 10-4-5.]

8.20.060 Investigation.

The town clerk shall cause an investigation to be conducted to determine, among other things, that the display is being handled by a qualified pyrotechnic 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. [Ord. 2001-05 § 1; prior code § 10-4-6.]

8.20.070 Financial requirements.

A. After considering the potential danger to property and the proximity of the display to existing structures, the town clerk shall require a cash bond or surety bond issued by an insurance carrier licensed in the state of Arizona in the sum as set forth in Chapter 3.10 STC and as approved by the town clerk, said 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. Alternatively, applicant shall provide for its own liability insurance and general liability insurance each in the amount as set forth in Chapter 3.10 STC as approved by the town clerk. Each such bond or policy shall specifically show the town as an additionally named insured.

B. Each applicant shall be required to hold harmless the town for any and all damages or injury occurring as a result of the possession, use or display of fireworks, and each permittee shall defend all actions brought against the town with relation to the permit for fireworks, and shall pay all judgments against the town in relation to the permit and shall appeal at the option of the town all judgments against the town resulting from the granting of the permit. [Ord. 2008-07 § 14; Ord. 2001-05 § 1; prior code § 10-4-7.]

8.20.080 Permit nontransferable.

Any permit issued pursuant to this chapter 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. [Ord. 2001-05 § 1; prior code § 10-4-8.]