§ 8.12.030. Retail sales of permissible fireworks.

No person, persons, firm, organization, partnership, limited liability company, corporation, or retail fireworks vendor shall sell, give away or otherwise dispose of any permissible fireworks as herein defined except in accordance with the regulations below.

A.

A City of Hamilton business license for fireworks, plus a current copy of the city ordinance pertaining to "fireworks," must be obtained and prominently displayed at the retail location.

B.

The retail fireworks vendor shall supply a liability policy in the amount of one million dollars ($1,000,000.00) which names the City of Hamilton as coinsured and indemnifies the city against actions of the fireworks vendor. Evidence of such insurance shall be on site and made available upon request to any city officer requesting such information.

C.

The retail fireworks vendor shall deposit with the city a performance bond, check for certified funds, or other financial security acceptable to the City of Hamilton in the amount of five hundred dollars ($500.00) to ensure removal of the retail fireworks stand within seven calendar days of the last day of the sales period. No fireworks retail location shall be established more than ten days in advance of the sales period.

D.

Retail sales of fireworks shall be located in a B-2 zoning district only. Each retail location shall be identified by a dimensioned drawing of a site plan showing the following information:

1.

The location of the fireworks stand or retail operation including the physical address of the site;

2.

The exact location of the stand on the site meaning the physical distance to property lines, streets, parking lots and other structures on the site; and

3.

Information denoting the ownership of the site and attachment of a written document granting the fireworks vendor the permission of the owner to use the site.

4.

A description of the structure used for display and sale of fireworks.

E.

No person under the age of eighteen (18) years of age shall be permitted in any fireworks stand or retail location at any time.

F.

An unobstructed area of twenty-five (25) feet shall be maintained on all sides of any structure or location from which a fireworks vendor operates. No vehicles including travel trailers, RV's, and motor vehicles of any kind may travel through or be parked in the unobstructed area.

G.

All weeds, dry grass and combustible material shall be cleared for minimum distance of twenty-five (25) feet in all directions from the fireworks stand.

H.

All signs related to the fireworks vendor's operation shall be confined to the fireworks retail stand structure.

I.

All fireworks stands and retail locations shall post "No Smoking" signs in prominent locations. Signs shall be four inches in height and one-half in stroke.

J.

All fireworks stands must have a fully charged fire extinguisher with a minimum rating of 2A on site and within easy access of the persons working in the stand at all times. Fire extinguishers shall have a current (within one calendar year) inspection tag.

K.

The fireworks stand must consist of a temporary, open-air structure, booth or other portable stand-alone structure designed and constructed of wood or metal and allowing no public entry.

L.

The fireworks stand must be properly located:

1.

Three hundred (300) feet from a church or hospital;

2.

Fifty (50) feet from flammable liquid dispenser/storage;

3.

Fifty (50) feet from inhabited buildings or area;

4.

Thirty (30) feet from a public roadway, right-of-way or traveled road.

M.

The fireworks stand must have electrical wiring in a safe condition or upgraded to comply with the National Electrical Code [ARM 23.7.201(11)].

N.

The fireworks stand operator must not allow open flame devises of any kind within twenty-five (25) feet of the stand, nor allow parking of vehicles used to transport Class A or B explosives or flammable and combustible liquids within one hundred (100) feet of the stand.

O.

The fireworks stand operator shall not allow the discharge of fireworks within one hundred (100) feet of the stand.

P.

The fireworks stand operator shall not allow sleeping in the stand.

(Ord. 223 (part), 2003)