Chapter 7.15


7.15.010    State fireworks law adopted.

7.15.020    Definitions.

7.15.030    Permits for fireworks sale or displays – Rules and regulations – Bond.

7.15.040    Certain airborne devices prohibited.

7.15.050    Rules.

7.15.060    Violations.

7.15.070    Bonds and insurance, generally.

7.15.010 State fireworks law adopted.

The following sections of Oregon Revised Statutes are, by this reference, incorporated as a part of this chapter, with the exceptions noted herein:

(1) ORS 480.110, except that subsection (2) is not adopted.

(2) Subsection (1) of ORS 480.120 with the following amendments:

(a) “The city” in lieu of “Oregon.”

(b) “Fire chief” in lieu of “State Fire Marshall.”

(3) ORS 480.130 with the following amendments:

(a) “Fire chief” in lieu of “State Fire Marshall.”

(b) Delete the last sentence of subsection (2).

(4) Subsection (1) of ORS 480.140. [Ord. 356 § 1, 2000.]

7.15.020 Definitions.

Fire Chief. For all purposes under this chapter, the council appoints the chief of the Central Linn Rural Fire Protection District encompassing the city of Halsey, or the chief’s designee, as the fire chief. [Ord. 356 § 2, 2000.]

7.15.030 Permits for fireworks sale or displays – Rules and regulations – Bond.

(1) The fire chief may adopt such of the rules and regulations promulgated by the State Fire Marshall pursuant to ORS 480.150 for the granting of fireworks display permits as he deems necessary and appropriate for the protection of the public health, safety, and welfare. Violation of such rules and regulations shall be punished as provided in this chapter.

(2) Before any permit required by ORS 480.130 as adopted by HMC 7.15.010 is issued, the applicant shall pay an application fee in addition to fees required by ORS 480.130 in the amounts prescribed by resolution of the council and shall furnish a bond policy of public liability insurance in the form and amount as set forth in HMC 7.15.070.

(3) The fire chief may revoke permits for the sale or display of fireworks when, in his or her opinion such sale or display is not in compliance with all applicable statutes, ordinances, and regulations governing such sales or displays; or when, in his or her opinion, such sale or display represents an undue hazard to life or property.

(4) Permit fee required by ORS 480.130 as adopted by HMC 7.15.010, and by subsection (2) of this section, shall not be refunded in the event such permits are revoked. [Ord. 356 § 3, 2000.]

7.15.040 Certain airborne devices prohibited.

It shall be unlawful for any person to release or launch any unmanned kite, balloon, rocket, projectile, aircraft, or other airborne device or thing, except fireworks where otherwise permitted under this chapter, which contains, carries or has attached thereto any open flame, smoldering material, explosive detonating device, or other material capable of explosion or combustion without application of some external force other than collision; provided, however, that the chief may issue permits for the launching of experimental rocket or similar devices upon such conditions as he may prescribe to eliminate or reasonably minimize any hazard which may be created thereby. [Ord. 356 § 4, 2000.]

7.15.050 Rules.

The fire chief may adopt such rules for the granting of permits as the fire chief may deem necessary and appropriate for protection of the public health, safety, and welfare. [Ord. 356 § 5, 2000.]

7.15.060 Violations.

Violation of this chapter or any rules adopted under this chapter is an infraction. [Ord. 356 § 6, 2000.]

7.15.070 Bonds and insurance, generally.

Whenever any bond or policy of insurance is required by any provision of this chapter, it shall:

(1) Be in the sum of at least $100,000 for bodily injury or death to any one person, $300,000 for all bodily injury or death arising from any one occurrence, and $100,000 for damage to property;

(2) Inure to the benefit of any person sustaining bodily injury, death, or damage to property arising from or caused by the principal (named insured) or persons acting under his or her direction or control;

(3) Be issued by an insurance underwriter or corporate surety company licensed to do business in the state of Oregon; and

(4) Be approved as to form and sufficiency by the city attorney. [Ord. 356 § 7, 2000.]