HomeMy WebLinkAbout1971- 9 Prohibiting the Use, Sale, or Possession of Fireworks in the TOV, Providing Penalties for Violations,•
f
• • • •
ORDINANCE N0. 9
SERIES OF 1971
AN ORDINANCE PROHIBITING THE USE, SALE, OR POSSESSION
OF FIREWORKS IN THE TOWN OF VAIL; PROVIDING FOR
PENALTIES FOR VIOLATIONS; AND SETTING FORTH DETAILS
IN RELATION THERETO.
WHEREAS, the Board of Trustees for the Town of Vail has
determined that it is in the public interest and welfare to
restrict and prohibit the use, sale, or possession of fire-
works and other dangerous explosive devices within the Town
of Vail; and
WHEREAS, certain prohibitions are deemed necessary to
protect the health, safety, and welfare of the community and
to implement the enforcement of the Fire Prevention Code;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES
FOR THE TOWN OF VAIL, COLORADO:
SECTION 1. DEFINITIONS
a. "Fireworks" means and includes any article, device
or substance prepared for the primary purpose of pro-
ducing a visual or auditory sensation by combustion,
explosion, deflagration, or detonation, including,
without limitation, the following articles and devices
commonly known and used as fireworks: Toy cannons or
toy canes in which explosives are used, blank cart-
ridges, the type of balloon which requires fire under-
neath to propel the same, firecrackers, torpedoes, sky-
rockets, roman candles and daygo bombs. The term "fire-
works" shall not include toy pistols, toy guns, spark-
lers or torches which do not contain explosive charges
or other devices in which paper caps manufactured in
accordance with United States interstate commerce com-
mission regulations for packing and shipping of toy
paper caps are used and toy pistol paper caps manu-
factured as provided in this article.
b. "Person" shall include an individual, partnership,
copartnership, firm, company, association or corpora-
tion.
SECTION 2. UNLAWFUL TO SELL OR USE
Except as provided in Section 3 of this ordinance,
it shall be unlawful for any person to offer for sale,
expose for sale, sell, or have in his possession with
intent to offer for sale or sell, or to use or explode
any fireworks in the Town of Vail.
SECTION 3. PERMITS FOR DISPLAY
The Board of Trustees for the Town of Vail shall
have the power to grant permits, within the Town of
Vail, for supervised public displays of fireworks by
municipalities and other organizations and groups, and
to adopt reasonable rules and regulations for the
granting of such permits. Application for a permit
shall be made in writing at least fifteen days in ad-
vance of the date of display. Every display shall be
handled by a competent operator and shall be of such
character and so located, discharged, and fired as
• ~ • • ~
not to be hazardous to property or endanger any person.
Before a permit is granted, the operator and the loca-
tion and handling of the display shall be approved, after
investigation by the Board of Trustees of the Town of
Vail. No permit shall be transferable or assignable.
SECTION 4. SEIZURE OF FIREWORKS
The police authorities shall seize, take and remove
all fireworks and combustibles offered for sale, stored,
or held in violation of this ordinance.
SECTION 5. VIOLATION-PENALTY
Any person violating any provision of this ordinance
shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine not exceeding Three
Hundred Dollars ($300.00) or by imprisonment not exceed-
ing ninety days (90) or by both such fine and imprison-
ment.
SECTION 6. SEVERABILITY
It is the intention of the Board of Trustees that
this ordinance or any part or provision thereof, shall
be considered severable and if any provision of this
ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not
affect other provisions or applications of the ordinance
which can be given effect without the invalid provision
or application, and to this end the provisions of this
ordinance are declared severable.
r
SECTION 7. EMERGENCY
It is declared that anyemergency exists and that
this ordinance is necessary for the immediate preser-
vation of the public peace, health, safety and general
welfare, and shall be in force and effect five (5)
days after publication.
INTRODUCED, READ AND ORDERED PUBLISHED THIS 14TH DAY
OF JUNE, 1971.
ATTEST:
~~~~,~,
_~ ,
Tow- ~ erk
page 2