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Home My WebLink About2007-16 Prohibiting the Possession, Sale or Use of Fireworks within the Town of Vail „ w ORDINANCE NO. 16 Series of 2007 AN ORDINANCE TO PROHIBIT THE POSSESSION, SALE OR USE OF FIREWORKS WITHIN THE TOWN OF VAIL; AND SC i i iNG FORTH DETAILS IN REGARD THERETO. ' WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, pursuant to C.R.S. §12-28-107, the Town is authorized to adopt an ordinance establishing prohibitions upon the sale, use, and possession of fireworks, including "permissible fireworks" as defined in C.R.S. § 12-28-101, within the corporate limits of the town; and WHEREAS, the Council has determined that prohibiting the possession, sale and use of fireworks within the Town of Vail is necessary to protect the health and welfare of the residents and guests of the Town of Vail, Eagle County, and the State of Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: • Section 1. Title 5, Vail Town Code, is here by amended by the addition of the following Chapter 10 "Fireworks," to read as follows: CHAPTER 10 FIREWORKS 5-10-1: DEFINITIONS 5-10-2: PROHIBITED ACTS 5-10-3: PERMITS FOR DISPLAY 5-10-4: INSURANCE AND BONDING 5-10-5: SEIZURE OF FIREWORKS 5-10-6 FIRE HAZARD DECLARATION 5-10-7: PENALTY 5-10-1: DEFINITIONS: The following words and phrases, as used in this Chapter, shall have the following meanings: FIREWORKS: Any combustible or explosive composition, article, device, substance or combination of substances, prepared for the primary purpose of producing 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 to propel the same, firecrackers, torpedoes, skyrockets, rockets, Roman candles, day-glo bombs, torches, bottle rockets or other devices of like construction and any devices containing any • explosive or flammable compound, or any tablets or device containing any explosive substances. Ordlnar~ce No. 16, Series of 2007 j "Fireworks" shall not include: Toy caps which do not contain more than twenty-five hundredths • (25/100) of a gram of explosive compound per cap, Sparklers, toy smoke devices, trick matches, cigarettes loads, trick noise makers, novelty auto alarms, highway flares, railway fuses, ship distress signals, smoke candles and other emergency signal devices. MANUFACTURER: Any person who manufactures, makes, constructs or produces any fireworks article or device. RETAILER: Any person who se11s, delivers, consigns or furnishes fireworks to another person not for resale. WHOLESALER: Any person who sells, delivers, consigns, gives or in any way furnishes fireworks to a retailer for resale. PYROTECHNIC SPECIAL EFFECTS MATERIAL: shall mean a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment productions. 5-10-2: PROHIBITED ACTS: It shall be unlawful for any person within the Town of Vail to sell, offer for sale, or possess with intent to offer for sale, or to use or explode any fireworks or pyrotechnic special effects material, except as provided in Section 5-10-3 herein. It shall also be unlawful for any person to violate a Fire Hazard Emergency Declaration as set forth in Section 5-10-6 of this Chapter. 5-10-3: PERMITS FOR DISPLAY: (A) The Fire Chief shall have the power to grant permits for supervised public fireworks displays and pyrotechnic special effects material, and to adopt reasonable rules and regulations for the granting of such permits. Any organization or public entity may apply for a permit for supervised public displays of fireworks and pyrotechnic special effects material. Application for a permit shall be made in writing at least fifteen (15) days in advance of the date of display. Before a permit is granted, the operator and the location and handling of the display shall be approved, after investigation by the Fire Chief or his designee and a determination has been made that the requested display is of such character and so located, discharged and fired as not to be hazardous to property or endanger any person. (B) The permit shall be granted only if the Fire Chief finds that the permit application, operator, and conditions meet the requirements of the Fire Code as adopted by the City in Title XI, Chapter 10, other requirements of this Code, and other reasonable requirements the Fire Chief deems necessary to protect the public welfare. (C) A permit shall not be transferred or assigned. (D) If the operations of a permittee require additional Town personnel to be assigned to the permitted I' event in order to protect the public welfare, the permittee shall pay in advance all labor and equipment costs associated with the assignment of. such additional personnel. 5-10-4: INSURANCE AND BONDING: (A} No permit for a display of fireworks shall be issued pursuant to Section 5-10-3 until the applicant furnishes the Town with a certificate of insurance, naming the Town as an additional insured for purposes of the display, demonstrating the applicant's insurance coverage for liability for physical injury and property damage in an amount determined by the Town. (B) A bond may be required of each permittee in a sum not less than one thousand dollars ($1,000.00), conditioned for the payment of all damages which may be caused either to persons or property by reason of the licensed display and arising from the acts of the permittee, hislher agents, employees or subcontractors. Ordinance No. 16, Series of 2007 • 5-10-5: SEIZURE OF FIREWORKS: Any police officer of the Town, or the Fire Chief or his designee, shall seize, take and remove, at the expense of the violator, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this Chapter. 5-10-6: FIRE HAZARD DECLARATION: During conditions of extreme fire danger, the Town Manager and/or Fire Chief shall have the authority to declare a Fire Hazard Emergency. The authority granted herein shall be in the discretion of the Town Manager and the Fire Chief and shall include the ability to prohibit the sale, possession and use of any article, device or substance defined as "permissible fireworks" by the Colorado Revised Statutes as well as those items not included in the definition of "fireworks" pursuant to this Chapter. 5-10-7: PENALTY: It shall be unlawful for any person to violate a provision of this Chapter. A violation of any provision of this Chapter shall be a criminal offense, punishable by imprisonment or fine, or both, as provided in Section 1-4-1 of this Code and may also be subject to civil remedies provided by Colorado law. A separate offense shall be deemed committed upon each day such person is in violation of this Chapter and for each separate incident within a day. The Court shall consider the issue of restitution to any victim suffering personal injury or property damage through the illegal use of fireworks. Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Council hereby declares it would have passed this Ordinance, and each part, section, subsection, • clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 3. The Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 5th day of June, 2007. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 19th day of June, 2007, at 6:00 P.M., in the Municipal Building of the Town of Vail. E. Sli er, Mayc~i; own of Vail O~.N,.....,q~~ ATTEST: ~ p Lore i Wald n, To n Clerk ~ SEAL • t Ordinance No. 76, Series of 2007 cOLOR~'~ i ~ 4 • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of June, 2007. ~ Rodney E. Slf~er, Mayor, own of Vail ATTEST: ~ OF Vq~ ~Lo~lei Do aldson, Tdwn Clerk ~f' • ~~,L •s COLORP • Ordinance No. 1 B, Series of 2007 ~r ~ ~a ~ ~ ~ ~ o ~ ~ ~ ~ ° o O ~ t~S ~ N (~d O r.. 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