Ordinance 22-05 AN ORDINANCE AMENDING SEC. 20-63, CHAPTER 20 – OFFENSES AND MISCELLANEOUS PROVISIONS OF THE LOG LANE VILLAGE MUNICIPAL CODE REGARDING FIREWORKS

ORDINANCE NO.               05-22  

AN ORDINANCE AMENDING SEC. 20-63, CHAPTER 20 – OFFENSES AND MISCELLANEOUS PROVISIONS OF THE LOG LANE VILLAGE MUNICIPAL CODE REGARDING FIREWORKS

            WHEREAS, the Town of Log Lane Village, has determined that currently fireworks are not permissible under the code for individual use; and

            WHEREAS, the Board of Trustees has determined that it is appropriate to revise the fireworks section of the municipal code; and

            WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town of Log Lane Village to update the fireworks section as set forth below. 

            NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF LOG LANE VILLAGE, COLORADO AS FOLLOWS:

Section 1.  Amendment of Sec.  20-63(a)(1) , Chapter 20 – Offenses and Miscellaneous Provisions of the Log Lane Village Municipal Code – Fireworks is hereby modified by amending by the following:

(a)(1)       Fireworks means any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation, and that meets the definition of articles pyrotechnic, permissible fireworks, or display fireworks.     

Sec. 20-63(a)(1), Chapter 20 – Offenses and Miscellaneous Provisions is amended as it currently reads and is replaced by the following:

        (a)(1)       Fireworks means any article, composition, substance, or device designed to

produce  a visible or audible effect 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, fireworks, torpedoes, skyrockets, rockets, Roman candles, daygo 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 that meets the definition of articles pyrotechnic, permissible fireworks, or display fireworks.

Section 2.  Amendment of Sec.  20-63, Chapter 20 – Offenses and Miscellaneous Provisions of the Log Lane Village Municipal Code – Fireworks is hereby modified by amending by the following:

The addition of subsection (e) shall be included under Sec. 20-63 (a) (2) as follows:

(e) Smoke devices known as smoke balls, or tubes containing a pyrotechnic mixture, which, upon ignition, produce a visible cloud of black, white or colored smoke.

The addition of subsection (f) shall be included under Sec. 20-63 (a) (2) as follows:

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

            The addition of subsection (1) shall be included under Sec. 20-63 (e) as follows:

No person, other than authorized personnel, shall possess, sell, use, ignite or discharge any fireworks in the Town. No person, other than authorized personnel, shall permit the possession, sale, use, ignition or discharge of any fireworks on such person's property. A person's property includes property that is owned or rented by such person and property that is under such person's control.

Section 3.  Amendment of Sec.  20-63(f), Chapter 20 – Offenses and Miscellaneous Provisions of the Log Lane Village Municipal Code – Fireworks is hereby modified by amending the following:

Permits. The board of trustees shall have the power to grant permits within the town for supervised public displays of fireworks by the town, amusement parks, 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 15 days in advance of the date of display.

Sec.  20-63(f) , Chapter 20 – Offenses and Miscellaneous Provisions is amended as it currently reads and is replaced by the following:

Permits. The board of trustees shall have the power to grant permits within the town for supervised public displays of fireworks for special events by the town, amusement parks, 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 15 days in advance of the date of display.

Nothing in this section (f) above shall be construed as forbidding the possession or use of any fireworks by those in charge of a public exhibition. Such an exhibition may be held on any day of the year; provided that it is held at a location which does not endanger persons or property; provided that a pyrotechnic expert is used; and provided that those in charge of the exhibition obtain a permit and comply with Section (c) and (f) herein and all applicable state laws or regulations. As used in this Section, pyrotechnic expert means an individual who, by experience and training, has demonstrated the required skill and ability for safely setting up and discharging displays of fireworks or as otherwise defined by state law. 

Section 4.  Amendment of Sec.  20-63, Chapter 20 – Offenses and Miscellaneous Provisions of the Log Lane Village Municipal Code – Fireworks is hereby modified by adding the following:

(k) The use of fireworks permitted under this Section may be suspended at any time by order of the Fire Chief when it is determined that the use of fireworks poses a threat to the community as result of drought or any other condition. 

(l) The individual use of fireworks that do not contain more than 16 milligrams of pyrotechnic composition per item shall be permissible annually during the dates of June 25 -July 3, July 5-July 10 during the hours of 8 a.m. to 10 p.m. and on July 4 during the hours of 8 a.m. to Midnight.

Section 5. Penalties.   Any person convicted of any violation of this ordinance may be punished by no less than one hundred dollars ($100.00) for the first offense. No less than three hundred dollars ($300.00) for the second offense within sixty (60) days of the first offense; and up to two thousand six hundred fifty dollars ($2,650.00) for each additional offense within sixty (60) days of the first offense. Each incident of banned use or sale shall constitute a separate offense.

Section 6.  Severability.   Should any section, clause, sentence or part of this ordinance be adjudged by a court of competent jurisdiction to be unconstitutional, and or invalid, such adjudication shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

Section 7. Effective Date.  This Ordinance shall take effect thirty (30) days after publication as required by law.

            PASSED, ADOPTED AND APPROVED THIS 14TH  DAY OF SEPTEMBER, 2022.

                                                                                    TOWN OF LOG LANE VILLAGE