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HomeMy WebLinkAboutORDINANCE 26-750 ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 9.26 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO,RELATING TO FIREWORKS. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO: Section 1.Chapter 9.26 of the Municipal Code of the Town of Estes Park,Colorado,is hereby amended to read as follows: 9.26.010 Definitions.As used in this chapter: 1.“Fireworks”means any article,device,or sub stance 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,blank cartridges,the type of balloon which requires fire under neath to propel the same,firecrackers,torpedoes,skyrockets, rockets,roman candles,dayglo bombs,and torches,or other fireworks of like construction and any fireworks containing any explosive or flammable compound,or any tablets or other device containing any explosive substance. 2.“Fireworks”does not include: a.Toy caps which do not contain more than twenty—five hundredths of a grain of explosive compound per cap; b.Sparklers,trick matches,cigarette loads, trick noisemakers,toy smoke devices,and novelty auto alarms; c.Highway flares,railway fuses,ship distress signals,smoke candles,and other emergency signal devices. 9.26.020 Restrictions.It is unlawful for any per son to offer for sale,expose for sale,sell,lend,give away,set fire to,discharge,use,explode or have in his o•0 possession with intent to offer for sale or use or explode, any fireworks within the town,except as provided in section 9.26.030 of this code. 9.26.030 Permits for display.1.The board of trustees may grant permits,within the town,for supervized public displays of fireworks by the town,fair associations, amusement parks and other organizations and groups.Such organizations or groups desiring such a permit shall file with the town clerk a written application for a permit. The application shall state the name of the organization or group,the date of the proposed public display of fireworks, the name of the person or persons who will operate the dis play,the location of the display and the nature and type of fireworks to be displayed.The application shall be signed by the president or other principal officer of the organization or group making the application.The appli cation must be filed at least fifteen (15)days in advance of the meeting of the board of trustees at which it is to be considered.Every display shall be handled by a compe tent 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 oper ator,location and handling of the display shall be approved, after investigation,by the chief of the town fire depart ment or his authorized agent.No permit shall be trans ferable or assignable. 2.No permit shall be required for such public display of fireworks by any county or district fair duly organized under the laws of the State of Colorado. Section 2.The board of trustees of the town of Estes Park,Colorado,herewith finds,determines and desig nates that this ordinance is necessary for the immediate preservation of the public peace,health and safety,for —2— 0 the control of fireworks affects the public peace,health and safety;and whereas,in the opinion of the board of trustees,an emergency exists,this ordinance shall take effect and be in force five (5)days after its final pas sage,adoption and publication. PASSED BY THE BOARD OF TRUSTEES AND SIGNED THIS 23 DAY OF )4tJL..),1975. TOWN OF EST/PAPK,COLORADO (SEAL) ATTEST: Town Clerk —3--