As used in this chapter, unless the context clearly indicates otherwise, the following words and phrases shall be as defined in this section:

(A) City clerk means the city clerk of the city, or the clerk's authorized representative.

(B) City manager means the city manager of the city, or the manager's authorized representative.

(C) Fire chief means the chief of the West Adams County Fire Protection District, or his or her authorized representatives, or the head of the fire department otherwise having jurisdiction within the city, or his or her authorized representatives.

(D) Fire department means the West Adams County Fire Protection District, or the fire department otherwise having jurisdiction within the city.

(E) Fireworks means any article, device, or substance 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 underneath 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.

(F) Fireworks does not include:

(1) Toy caps which do not contain more than twenty-five hundredths of a grain of explosive compound per cap;

(2) Sparklers, trick matches, cigarette loads, trick noisemakers, toy smoke devices, and novelty auto alarms;

(3) Highway flares, railway fuses, ship distress signals, smoke candles, and other emergency signal devices.

(G) Manufacture includes any wholesaler and any person who manufactures, makes, constructs, or produces any fireworks article or device.

(H) Police chief means the chief of the city police department, or his or her authorized representative.

(I) Police department means the police department of the city.

(J) Retailer includes any person who sells, delivers, consigns, or furnishes fireworks to another person, not for resale.

(K) Wholesaler includes any person who sells, delivers, consigns, gives, or in any way furnishes fireworks to a retailer for resale. (Ord. 297 §3, 1977; Ord. 559 §2, 1984)

(A) Except as specifically provided in this chapter, it is unlawful for any person to offer for sale, expose for sale or sell any fireworks, sparklers, fountains, or cones; or to have fireworks, sparklers, fountains, or cones in his or her possession with the intent to offer said items for sale.

(B) Except as specifically provided in this chapter, it is unlawful for any person to use or explode any fireworks. (Ord. 719 §1, 1987)

The city council may grant permits, within the corporate boundaries of the city, for supervised public displays of fireworks conducted by departments of the city, fair associations, or other organizations and groups, subject to the rules and regulations set forth in this chapter. Every display shall be handled by competent operators, and shall be of such character and so located, discharged, and fired as not to be hazardous to property or endanger any person. (Ord. 297 §5, 1977)

Any person desiring to conduct a supervised public display of fireworks shall submit to the city clerk a written application for a permit to conduct such fireworks display. The application shall be submitted to the city clerk not less than thirty days in advance of the date of the fireworks display, and shall be accompanied by a nonrefundable application fee of $50.00. The application shall contain the following information:

(A) The name and address of the person or organization sponsoring the display, together with the names and addresses of the persons who will actually be in charge of the display;

(B) The date and time of day at which the display is to be held;

(C) The address and description of the exact location planned for the display;

(D) A diagram of the grounds on which the display is to be held, showing the point at which the fireworks are to be discharged; the location of buildings and highways within the vicinity, and the location of all nearby trees, telephone and utility lines, or any other overhead obstructions;

(E) The names and addresses of the competent fireworks operators who are to supervise the discharge of the fireworks, and written evidence regarding their competency as fireworks operators. At least two competent fireworks operators are to be provided;

(F) The type and class of fireworks to be discharged, and the number of set pieces, shells (specifying single or multiple break), and other items including experimental or model rockets or missiles;

(G) The manner and place of storage of such fireworks prior to and during the display;

(H) Proof that satisfactory compensation insurance is carried by the applicant for all of the applicant's employees who will be working at the display; and

(I) Proof that the applicant has public liability insurance with the limits and coverage as set forth in section 9-76-100, protecting the city, the fire district, applicant, manufacturer, wholesaler, seller, supplier, property owner, and operators of the display from any liability or claims of damages arising out of or as a result of or related to the fireworks display. (Ord. 297 §6, 1977)

(A) Upon receipt of an application for a fireworks display permit, the city clerk shall submit copies thereof to the police chief and to the fire chief.

(B) The police chief and the fire chief shall cause an investigation to be made of the location proposed for the fireworks display, for the purpose of determining if the fireworks display will be of such character or so located as to be hazardous to property or dangerous to any person.

(C) Upon completing their investigations provided for in subsection (B) of this section, the police chief and the fire chief shall submit to the city manager their written reports, setting forth the results of their investigations and setting forth their recommendations for the granting or denial of the permit, together with their recommendations with respect to the prescribing of reasonable conditions for the display, taking into account locations, parking of vehicles, controlling spectators, storage, and firing of fireworks, and precautions in general against danger to life and property from fire, explosion, and panic.

(D) Before any permit is granted by the city council, the location and handling of the fireworks display shall first have been approved, after the investigations provided for in subsections (B) and (C) of this section, by the police chief and by the fire chief.

(E) No permit shall be granted by the city council unless the operators of the fireworks display have been first approved by the police chief and by the fire chief.

(F) No permit shall be granted where discharge, faulty firing, or fallout from any fireworks or other objects would endanger persons, buildings, structures, woods and trees, brush, parks, or similar areas or facilities.

(G) If, after and based upon the investigations and review criteria provided for in subsections (B) through (F) of this section, the police chief's or fire chief's report finds and concludes that the permit application be denied, then no such permit shall be granted. The city manager shall advise the applicant in writing that such application has been denied, and shall provide the applicant with a written summary of the reasons for such denial.

(H) If, after and based upon the investigations and review criteria provided for in subsections (B) through (F) of this section, the permit application receives the approval of the police chief and of the fire chief, then the city manager shall submit copies of the police chief's and fire chief's reports and recommendations to the city council.

(I) The city council will review the permit application for compliance with the provisions of this chapter and will review the reports and recommendations of the police chief and the fire chief. After completing its review, the city council will either grant the permit, grant the permit with conditions, deny the permit, or refer the permit application back to the applicant, the police chief and the fire chief for further information and review. Any applicant for a fireworks display permit whose permit application has received the approval of the police chief and of the fire chief shall be afforded an opportunity to make a presentation to the city council regarding the permit application at the council meeting at which such permit application is scheduled to be considered by the city council. (Ord. 297 §7, 1977)

If the city council grants or grants with conditions a display permit, the city manager shall provide the applicant a written public fireworks display permit. The permit shall have included thereon such conditions of approval as may have been established by the city council, and such conditions shall be an integral part of the permit. (Ord. 297 §8, 1977)

No public fireworks display permit shall be transferable or assignable. (Ord. 297 §9, 1977)

No public fireworks display permit shall be granted unless at least two experienced fireworks operators are provided. Such operators shall be those individuals named in the permit applications and shall:

(A) Be responsible for and have charge of the fireworks display with respect to preparation for the transporting, unloading, and storing of all fireworks to be used at the display;

(B) Be responsible for setting all fireworks, including, without limitation, mortars, finale batteries (hedgehogs), and rocket launchers, at locations designated by the fire chief;

(C) Be responsible for the loading and firing of all fireworks used at the display, and take into account wind direction and velocity predicted for the firing time in setting the firing angles. Shells, rockets, missiles, and related types of fireworks shall not be permitted to cross or burst above areas occupied by persons;

(D) Be responsible for the safe disposal of all unfired or defective fireworks; and

(E) Be responsible for acts of all persons employed by the applicant, whether remunerated or not, in connection with the fireworks display. Such operators shall have authority to dismiss or discharge any employee or person at any time during the operation of the display who, through smoking, carelessness, negligence, or any other act, endangers the safety of any person or any property. (Ord. 297 §10, 1977)

The police chief, the fire chief, or other authorized peace officer may suspend any public fireworks display permit issued pursuant to this chapter whenever the fireworks display is in violation of any of the provisions of this chapter. In the event such violations are not corrected by the permittee, the police chief, the fire chief, or other authorized peace officers are authorized to revoke the public fireworks display permit. It is unlawful for any person to conduct a public fireworks display while any suspension or revocation is in effect. (Ord. 297 §15, 1977)

Each applicant for a fireworks display permit shall have a policy of public liability insurance coverage with coverage of at least $100,000.00/300,000.00 and a policy of property damage insurance in the amount of at least $50,000.00, all protecting from liability the applicant, the manufacturer, the supplier, the seller, the buyer, the property owner, the user, the fire district, and the city. Prior to the issuance of a fireworks display permit, the applicant shall file a copy of the public liability insurance policy with the city clerk, who shall forward same to the city attorney for his or her review. If the city attorney determines that the liability insurance policy is not satisfactory or does not comply with the requirements of this section, then the display permit to which the insurance policy is applicable shall not be issued. (Ord. 297 §11, 1977)

Prior to and as a condition to the issuance of a public fireworks display permit, and in addition to the public liability insurance required by section 9-76-100, the applicant for a permit shall file with the city clerk, with good and sufficient justification of sureties, a bond in the sum of $5,000.00 conditioned for the payment of all damages which may be caused either to persons or property by reason of the licensed fireworks display and arising from any act of the permittee, his or her agents, employees, or subcontractors, as well as conditioned on a thorough cleaning of the display area, except that the city shall not be required to file such a bond for city fireworks displays. The city clerk shall forward the bond to the city attorney for his or her review. If the city attorney determines that the bond is not satisfactory or does not comply with the requirements of this section, then the display permit to which the bond is applicable shall not be issued. (Ord. 297 §12, 1977)

Every public fireworks display shall be conducted at such times, at such places, and pursuant to the conditions which may have been established by the city council. No public display of fireworks shall be conducted by any person without a public fireworks display permit granted and issued pursuant to this chapter. (Ord. 297 §13, 1977)

Spectators at public displays of fireworks shall be restrained behind lines or barriers, as designated by the police chief or fire chief. Only authorized persons and those in actual charge of the display shall be allowed inside these lines or barriers during the unloading, preparation, or firing of fireworks. (Ord. 297 §14, 1977)

The police chief or the fire chief, or any authorized agent or officer of the city, is authorized to and shall seize, take, and remove, at the expense of the owner or possessor, all stocks of fireworks, sparklers, fountains, or cones offered or exposed for sale, stored, held, or used in violation of this chapter. (Ord. 719 §3, 1987)

This chapter shall not be construed to prohibit:

(A) Any person from using or exploding fireworks in accordance with the provisions of any public display permit issued by the city council pursuant to the provisions of this chapter, or as a part of a supervised public display of any county or district fair organization under the laws of the State of Colorado;

(B) Any person from offering for sale, exposing for sale, selling, having in his or her possession with intent to offer for sale or sell, or using or firing toy pistols, toy guns, or other devices in which caps manufactured in accordance with this chapter are used;

(C) Any person from offering for sale, exposing for sale, selling, or having in his or her possession with intent to offer for sale or sell, blank cartridges for a show or theater, or for a signal or ceremonial purposes in organized athletics or sports;

(D) Any resident manufacturer from manufacturing and selling, or any resident wholesaler, dealer, or jobber from selling at wholesale, such fireworks as are not prohibited under this chapter, provided that the proper licenses therefor have been issued by the Secretary of State pursuant to the provisions of section 12-28-106, C.R.S.;

(E) Any resident manufacturer from selling any kind of fireworks, provided that the same are to be shipped directly out of the state in accordance with regulations of the United States Interstate Commerce Commission covering the transportation of explosives and other dangerous articles by motor, rail, and water, and provided that such manufacturing activities have been licensed by the Secretary of State pursuant to the provisions of section 12-28-106, C.R.S.;

(F) The use of fireworks by railroads for signal purposes or illumination;

(G) The use of blank cartridges for a show or theater, signal, or ceremonial purposes in athletics or sports, provided that the manner of use and use of such cartridges has been previously approved by the police department and the use of such cartridges is conducted in accordance with any conditions therefor as may be established by the police department;

(H) The importation, purchase, sale, or possession of fireworks which are used or to be used solely to prevent damage to crops by animals or birds, provided that the manner of use and the use of such fireworks has been previously approved by both the police chief and the fire chief, and provided that the use of such fireworks is conducted strictly in accordance with any conditions therefor which may be established by the police chief or by the fire chief; or

(I) Any person from manufacturing, selling, using, or possessing educational rockets and toy propellant-device-type engines used in such rockets when such rockets are of nonmetallic construction and utilize replaceable engines, or model cartridges containing less than two ounces of propellant when such engine or model cartridge is designed to be ignited by electrical means. (Ord. 297 §23, 1977)