Chapter 8.30
FIREWORKS
Sections:
8.30.030 Sale or use of unauthorized fireworks unlawful.
8.30.040 Enforcement and penalty.
8.30.050 State Fire Prevention Board.
8.30.070 Unified Fire Authority (UFA) regulations.
8.30.010 Short title.
This chapter shall be known and cited as the Riverton City fireworks ordinance. [Ord. 12-14 § 1. Code 1997 § 13-2-1.]
8.30.020 Definitions.
“Combination fireworks device” means any device containing combinations of two or more of the effects described in the definition of “ground or hand-held sparkling device” or “ground audible device.”
“Fireworks” shall have the same meaning as found in Title 53, Chapter 7 of the Utah Code.
“Ground audible device” means any paper or cardboard tube containing not more than 50 milligrams of pyrotechnic material that travels along the ground (chaser) upon ignition and often produces a whistling and/or popping effect.
“Ground or hand-held sparkling device” means:
(a) Any cylindrical tube (cylindrical fountain) not exceeding three-fourths inch in inside diameter and containing not more than 75 grams of pyrotechnic composition which produces a shower of color and sparks upon ignition and may whistle or pop;
(b) Any cardboard or heavy paper cone (cone fountain) containing up to 50 grams of pyrotechnic composition which produces a shower of color and sparks upon ignition and may whistle or pop;
(c) Any cylindrical tube (illuminating torch) containing up to 100 grams of pyrotechnic composition which produces colored fire upon ignition;
(d) Any pyrotechnic device (wheel) capable of being attached to a post or tree containing up to six driver units or tubes not exceeding one-half inch in inside diameter and each containing not more than 60 grams of pyrotechnic composition per driver unit which revolves upon ignition producing a shower of color and sparks and sometimes a whistling effect;
(e) Any device similar in design and effect to a wheel capable of being placed on the ground (ground spinner) and ignited; and
(f) Any narrow paper fuseless tube (flitter sparkler) filled with pyrotechnic composition that produces color and sparks when the popper at one end of the tube is ignited.
“Hazardous environmental conditions” means extreme dryness or lack of moisture, windy conditions, the presence of dry weeds and other vegetation and any combination thereof.
“Ignition source” means fireworks, lighters, matches, smoking materials, and similar means used to ignite fire.
“Trick noisemaker” means:
(a) Any tube or sphere containing pyrotechnic composition that upon ignition produces white or colored smoke (smoke device) as its primary effect; and
(b) Any device that produces a small report intended to surprise the user, including:
(i) A “booby trap” which is a small tube with a string protruding from both ends that ignites the friction sensitive composition in the tube when the string is pulled;
(ii) A “snapper” which is a small paper-wrapped device containing a minute quantity of explosive composition coated with bits of sand which explodes producing a small report;
(iii) A “trick match” which is a kitchen or book match coated with a small quantity of explosive or pyrotechnic composition that produces a small shower of sparks when ignited;
(iv) A “cigarette load” which is a small wooden peg coated with a small quantity of explosive composition that produces a small report when the cigarette is ignited; and
(v) An “auto burglar alarm” which is a tube which contains pyrotechnic composition that produces a loud whistle and smoke when ignited. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report. A squib is used to ignite the device. [Ord. 12-14 § 1; amended during 2011 recodification. Code 1997 § 13-2-2.]
8.30.030 Sale or use of unauthorized fireworks unlawful.
It is unlawful for any person to sell or offer for retail sale or to discharge any fireworks in this city other than those defined in RCC 8.30.020. [Ord. 12-14 § 1. Code 1997 § 13-2-3.]
8.30.040 Enforcement and penalty.
(1) Every city officer charged with the enforcement of state and city laws including all fire enforcement officers and the division of public safety is charged with responsibility to enforce this chapter.
(2) Any person who intentionally or knowingly violates an order of the Unified Fire Authority (UFA) issued pursuant to this chapter is guilty of a class B misdemeanor.
(3) Fireworks sold or offered for sale in violation of this chapter may be seized and destroyed and the license of the person selling or offering fireworks for sale may be revoked. [Ord. 12-14 § 1. Code 1997 § 13-2-4.]
8.30.050 State Fire Prevention Board.
It shall be a class B misdemeanor for any person or any retailer to violate the rules established by the State Fire Prevention Board. [Ord. 12-14 § 1; amended during 2011 recodification. Code 1997 § 13-2-5.]
8.30.060 Exemptions.
This chapter does not apply to the product inventories of fireworks manufacturers, importers, distributors or wholesalers designated for shipment directly out of the state. Nothing in this chapter shall supersede the provisions of Section 23-13-7, Utah Code Annotated 1953. [Ord. 12-14 § 1. Code 1997 § 13-2-10.]
8.30.070 Unified Fire Authority (UFA) regulations.
(1) The UFA as the local fire official for Riverton City is authorized to prohibit open fires and the use of any ignition source, including fireworks, lighters, matches, and smoking materials, when hazardous environmental conditions necessitate controlling the use thereof.
(2) The UFA is hereby authorized to issue orders prohibiting open burning, open fires, the use of any ignition source, including fireworks, lighters, matches, and smoking materials in any area of the municipality when the local fire official determines that hazardous environmental conditions necessitate controlling or prohibiting the use thereof.
(3) The UFA shall determine what areas are subject to prohibition and the extent of the prohibition and shall identify the same in a written order. The order may also include a map outlining affected areas. [Ord. 12-14 § 1.]
8.30.080 Public notice.
Before any order issued by the UFA under authority of this chapter shall be considered enforceable, the UFA shall first post notices that such order has been issued in at least three public places which are located within 100 feet of the prohibited area; post a copy of the order on the official municipal website; inform all local news media outlets of the order, and provide a copy of the order thereto. [Ord. 12-14 § 1.]