ORDINANCE NO. 5:5-

AN ORDINANCE OF THE CITY OF MALTA, IDAHO, REPEALING CHAPTER TWO OF TITLE SEVEN OF THE MALTA CITY CODE, 1960; REGULATING THE SALE, POSSESSION, AND USE OF FIREWORKS WITHIN THE CITY OF MALTA, IDAHO; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE

BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MALTA, IDAHO:

Section 1. Chapter two (2) of Title seven (7) of the Malta City Code, 1960, is hereby repealed.

Section 2. That there is hereby added to the Malta City Code, 1960, this ordinance to be known and designated as the Fireworks Ordinance of the City of Malta, Idaho, and may be cited as such.

Section 3. The following definitions shall apply:

DANGEROUS FIREWORKS: "Dangerous fireworks" include any of the following:

(A) Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs, mines, ground bombardment, grasshoppers and other explosive articles of similar nature;

(B) Blank cartridges;

(C) Skyrockets and rockets, including all similar devices and employing any combustible or explosive material and which rise in the air during discharge;

(D) Roman candles, including all devices which discharge balls of fire into the air;

(E) Chasers and whistles, including all devices which dart or travel about the surface of the ground during discharge;

(F) Snakes and hats containing bichloride of mercury;

(G) Sparklers more than ten inches (10") in length or one-quarter inch (1/4") in diameter;

(H) All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles, parachute shells, mines, Dago bombs and similar devices;

(I) All torpedoes which explode by means of friction, or which contain arsenic, and all other similar fireworks devices including cracker balls;

(J) Fire balloons or balloons of any type which having burning material of any kind attached thereto.

(K) All special fireworks: "Special fireworks" means any fireworks designed primarily for display and classified as special fireworks by the United States bureau of explosives or designated as UN 0335 1.3G.

FIREWORKS: Blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, fire balloons (balloons of a type which have burning materials of any kind attached thereto or which require fire underneath to propel them), firecrackers, torpedoes, skyrockets, rockets, Roman candles, cone fountain wheels, Dago bombs, sparklers and other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, deflagration, explosion or detonation.

Exempted from this definition are all toy pistols, toy cannons, toy canes and toy guns and similar devices such as party poppers or part favors in which paper caps containing not more than twenty five hundredths (.25) grain of explosive compound per cap are used and such caps when single, roll or tape type.

SAFE AND SANE FIREWORKS: "Safe and sane fireworks" shall include any of the following:

(A) Cone fountains with pyrotechnic composition not exceeding fifty grams (50 g) each;

(B) Cylindrical fountains, whether base, spike or handle, with pyrotechnic composition not exceeding

seventy five grams (75 g) each and inside tube diameter not exceeding three-quarters inch ('");

(C) Sparklers and "dipped sticks" not more than ten inches (10") in length or one-quarter inch ('") in diameter and Suzuki and morning glories with pyrotechnic composition not exceeding four grams (4 g) each;

(D) Snakes which do not contain bichloride of mercury and pyrotechnic composition not exceeding two grams (2 g) each;

(E) Wheels with pyrotechnic composition not exceeding sixty (60) grains for each driver unit or two hundred forty (240) grains for each complete wheel. The inside tube diameter of driver unit shall not exceed one-half inch ('/2");

(F) Whistles, without report and which do not dart or travel about the ground during discharge with pyrotechnic composition not exceeding six grams (6 g) and containing no picric or gallic acid.

(G) All non-aerial common fireworks. "non-aerial common fireworks" means any fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Non-aerial common fireworks do not include firecrackers or similar products.

Section 4. DANGEROUS FIREWORKS PERMIT: It shall be unlawful for any person in the city to import, export, offer for sale, sell, possess, keep or store, or permit the keeping or storing of any "dangerous fireworks" for any use or purpose except that a person holding a "dangerous fireworks permit" issued pursuant to the terms and conditions of this chapter may use "dangerous fireworks" for a safely supervised and conducted public display of fireworks. Said fireworks may be stored for a period not exceeding ten (10) days immediately preceding the date of said public display, provided the fireworks are to be used exclusively for the public display.

The police department and/or the fire department of the city shall have the right, power and authority to confiscate and destroy all "dangerous fireworks" being imported, exported, offered for sale, sold, possessed, kept or stored in violation of these presents.

Section 5. SAFE AND SANE FIREWORKS PERMIT: No person, without having a valid "safe and sane fireworks permit" issued pursuant to terms and conditions set forth in this chapter, shall import, export, possess for the purpose of sale, offer for sale or sell any "safe and sane fireworks" for any use or purpose.

Section 6. The following provisions concerning required applications and fees shall apply:

(A) Safe and Sane Fireworks: Any reputable person in reasonable pursuit or furtherance of any legitimate personal business or charitable purpose, desiring to engage in the sale of "safe and sane fireworks" within the city shall first make written application to the city clerk for a "safe and sane fireworks permit". Each applicant shall pay to the city clerk a fee in the amount of twenty-five dollars ($25) at the time he files his application. In the event no "safe and sane fireworks permit" is issued by the city by June 15 in the year during which the application is made, the city clerk shall refund the application fee. Otherwise, the fee shall be non-refundable.

(B) Dangerous Fireworks: Any reputable person in reasonable pursuit of furtherance of any legitimate personal business or charitable purpose desiring to make a public display of "dangerous fireworks" shall first make written application to the city clerk for a "dangerous fireworks permit". Each applicant shall pay to the city clerk a fee in the amount of twenty-five dollars ($25) at the time he files his application. In the event no "dangerous fireworks permit" is issued by the city by June 15 in the year during which the application is made, the city clerk shall refund the application fee. Otherwise the fee shall be non-refundable.

Section 7. CONTENTS OF APPLICATION: Each applicant for a "safe and sane fireworks permit" or a "dangerous fireworks permit" shall file his written application with the city clerk. Each application shall show the following:

(A) Name and address of applicant;

(B) The purpose for which the applicant is primarily existing and for which it was organized;

(C) The names and addresses of the officers, trustees and/or directors, if any, of the applicant, should the applicant be other than a sole proprietorship or a copartnership;

(D) The location where the applicant requests permission to sell "safe and sane fireworks" or display "dangerous fireworks";

(E) When and where the applicant was organized and established, or, if a natural person, the applicant's age;

(F) The location of the applicant's principal and permanent meeting place or places, or principal place or places of business;

(G) The applicant's state sales tax permit number;

(H) If the applicant is an entity other than a sole proprietorship, the name and general description of the business activities of each parent or subsidiary company, business or entity, and a general description of the ownership organization of each parent or subsidiary, if any;

(I) Such other information as the city clerk may require on a standard form submitted to all applicants and which is reasonably necessary to protect the public health, safety and morals.

Section 8. INVESTIGATE APPLICANTS: The city clerk shall notify the building inspector and the fire department (or other officials designated by the Mayor or city council) which departments, in confidence with the city clerk, shall cause an investigation to be made of each application and applicant and shall submit a written report of its findings and recommendations for or against the issuance of the permit, together with the reasons therefore, to the city council, which report shall not be public information except on request of the applicant or by order of the mayor and city council.

Section 9. ISSUANCE OF PERMITS, CONDITIONS:

(A) The city council shall have the power in its discretion to grant or deny any application, subject to such reasonable conditions, if any, as it shall prescribe so long as the denial of the application or any conditions imposed on the granting of the application are reasonably necessary for protection of the pubic health, safety and morals.

(B) A "safe and sane fireworks permit" or a "dangerous fireworks permit" issued pursuant to this chapter shall be valid only within the calendar year in which issued. A permit shall be valid only for the specific premises or location designated in the permit. However, subject to reasonable conditions necessary for protection of the public health, safety and morals, an applicant may be granted permits for more than one premises or location within the city. No permit shall be transferable or assignable.

(C) Each application for a permit to sell "safe and sane fireworks" at retail shall be filed with the city clerk on or before June 1 of the calendar year for which the permit is sought; except that for the calendar year cf 2006, applications for a permit may be filed on or before June 15, 2006.

(D) No "safe and sane fireworks" shall be sold or offered for sale except from twelve o'clock (12:00) noon on June 15 to twelve o'clock (12:00)

midnight on July 5 of each year, or at such other times as may be provided by the statutes of the state of Idaho.

(E) All requirements of Idaho Code Section 39-2604 shall be met before the issuance of a "safe and sane fireworks" permit is issued. All requirements of Idaho Code Section 39-2605 shall be met before the issuance of a "dangerous fireworks" permit.

Section 10. INSURANCE REQUIREMENTS: Each applicant for a "safe and sane fireworks permit" or a "dangerous fireworks permit" shall have filed with the city clerk prior to the issuance and validity of any permit, a policy or certified true copy thereof, of public liability and products liability insurance, including both "accident" and "occurrences" coverage. The insurance coverage limits for both public liability coverage and for products liability coverage shall be at least one hundred thousand dollars ($100,000.00) per person per occurrence of bodily injury, three hundred thousand dollars ($300,000.00) per occurrence of aggregate bodily injury and one hundred thousand dollars ($100,000.00) per occurrence of aggregate property damage. Each policy of insurance shall be in form and substance acceptable to the city, and shall name as insured parties under the terms of the policy of the city, all officials, elected and appointed of the city, in performance of official functions regarding all operations under or pertaining to said permit, any license or licensor of the applicant, and all vendors of the fireworks covered by the permit to be issued to the applicant. Said policy of insurance shall be so written that it cannot be canceled without at least ten (10) days' prior written notice to the city from the underwriting insurance company. The policy of insurance shall be underwritten through or by a qualified and duly licensed insurance company or companies doing or authorized to do insurance business in Idaho, and a copy of said policy shall be filed with the city clerk prior to the issuance of the permit.

Section 11. PREMISES REQUIREMENTS FOR SALE OF SAFE AND SANE FIREWORKS: Business places from which "safe and sane fireworks" are to be sold shall be subject to the following provisions:

(A) All such business places shall meet the structural stability requirements of the building regulations of the city and all lighting circuits and other electrical equipment shall meet the requirements of the electrical regulations of the city.

(B) All doorways of the said business places in which "safe and sane fireworks" are sold pursuant hereto shall be kept free and clear of all supplies and materials of every kind and nature at all times. Each business place shall be provided with such number of fire extinguishers as the fire chief of the city shall deem adequate, but in all cases the number shall not be less than two (2). The fire extinguishers shall be of such a type as are approved by the fire chief of the city. The fire extinguishers shall be in good working order, easily accessible for use in case of fire and kept in immediate proximity to the location where the fireworks are retailed.

(C) There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. All fireworks shall be effectively segregated from any kind of self-service by the public and shall be placed in a location which is unavailable and inaccessible to members of the public in capacities other than as legal customers.

(D) "NO SMOKING" signs shall be prominently displayed in and around the segregated area in which the fireworks are to be sold. No smoking shall be permitted within fifteen feet (15') of the segregated area in which the fireworks are sold.

(E) No fireworks shall be discharged in or within twenty five feet (25') of the segregated area in which the fireworks are kept.

(F) No person shall allow any rubbish to accumulate or permit a fire nuisance to exist in or around the area where fireworks are sold.

(G) No building where alcoholic beverages are sold for consumption on the premises shall be used for the retail sale of "safe and sane fireworks".

(H) Fireworks may not be sold at any location where retail sales are not allowed under the zoning ordinance of the city.

(I) The city may establish other regulations for business places where fireworks are to be sold so long as the said regulations are reasonably necessary to protect the public health, safety and morals, and to apply uniformly to all applicants.

Section 12. TEMPORARY FIREWORKS STANDS, REQUIREMENTS: Temporary fireworks stands from which "safe and sane fireworks" are to be sold shall be subject to the following provisions:

(A) Area Requirements:

1. The stand in which the fireworks will be stored or sold shall not be located within one hundred feet (100') of any gasoline station or flammable liquid dispensing device or installation.

2. No stand shall have a floor area in excess of seven hundred fifty (750) square feet.

3. No stand shall be erected at a location where retail sales are not allowed under the zoning ordinances of the city.

(B) Construction Requirements:

1. All such stands, when built, shall pass the inspection of and shall be approved by the building inspector of the city or any other official designated to perform the inspection by the Malta City Council or Mayor, and any and all lighting circuits and other electrical equipment located in said stands shall pass the inspection of an official designated by the Malta city council or Mayor to perform said inspections.

2. The stand shall have exit doors at least thirty inches (30') wide at both ends of the structure and one additional door for each twenty five feet (25') of real wall in excess of twenty five feet (25'). All doors shall open outward from the stand and all doorways shall be kept free and clear from all supplies and materials at all times.

3. Each stand shall be provided with a minimum of two (2) 2Y2-gallon water type fire extinguishers, in good working order and easily accessible for use in case of fire, which shall be kept in immediate proximity to the location where the fireworks are retailed.

4. No temporary stand shall be erected before June of any year. The premises on which the stand is erected shall be cleared of all structures and debris, not later than twelve o'clock (12:00) noon of July 26.

(C) Personnel Requirements:

1. There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. All fireworks shall be effectively kept away from any kind of self-service by the public, and shall be placed in a location which is unavailable and inaccessible to members of the public in capacities other than as legal customers. No person under fourteen (14) years of age shall work at or about any stand where "safe and sane fireworks" are sold or offered for sale.

2. No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business.

(D) Additional Requirements:

1. "NO SMOKING" signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand or within twenty five feet (25') of the stand.

2. No fireworks shall be discharged in or within twenty five feet (25') of any fireworks stand.

3. No fireworks stand shall remain unattended at any time regardless of whether the fireworks stand is open for business or not. If any fireworks are stored, they shall only be stored at such places as are approved for storage of the fireworks by the city fire chief or his representative.

4. No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist.

(E) Cash Deposit Required, Removal of Stands: In those cases where the applicant conducts the sale of fireworks from a temporary fireworks stand, he shall post with the city clerk a cash bond or cash deposit in an amount established by a resolution adopted by the Malta city council or such other security as may be acceptable to the mayor or council conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of debris from the site of the temporary fireworks stand, which deposit or security shall be returned to the applicant only in the event he removes said temporary fireworks stand and cleans up all debris to the satisfaction of the fire chief and the building department representative of the city, or such other official as the city council or fire chief may designate. In the event of the applicant's failure to so remove the stand and debris, said cash bond or cash deposit shall be forfeited to the city. In no event shall the applicant be entitled to the return of said cash bond or cash deposit if he has failed to remove said temporary fireworks stand and clean up all debris by twelve o'clock (12:00) noon of July 26 of any year. It shall be the legal duty of each permittee to clear such sites and remove all debris therefrom on or before July 26 of the year in which the permit is granted, and failure so to do shall be a misdemeanor punishable by a two hundred fifty dollar ($250.00) fine and/or thirty (30) days' confinement in the eitt- dot. , jail.

(F) In addition to the above requirements for temporary fireworks stands, all provisions of Idaho Code Section 39-2607 shall apply.

Section 13. RECORDS KEPT: Each permittee shall be required to retain at the licensed premises while said premises are open, and at his principal place of business for a year thereafter, copies of all invoices, receipts and orders evidencing the source from which he acquired the fireworks which he handled.

Section 14. COMPLIANCE WITH STATE LAWS REQUIRED: It shall be the duty of every person issued a "fireworks permit" to comply with all the provisions of the Idaho state fireworks act of 1997, Title 39, Chapter 26, and this chapter. The conviction of violation of the aforesaid Idaho state fireworks act or by any of its agents, employees, or officers shall constitute a cause, in and of itself, to deny any subsequent application for a permit.

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On this 24th day of July, 2006, before me, a Notary Public, personally appeared Ruth Anne Holmes, know or identified to m the person whose name is subscribed to the within instrument, and being by me ft sworn, declared that the statements therein are true, and acknowledged to me that executed

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SUMMARY OF CITY OF MALTA ORDINANCE NO. 55

The following summary of Malta City Ordi-nance No. 55 is published pursuant to Idahq -, Code §50-901A. The full text of the Ordinance is available at the office of the City of Malta, Idaho. For further information contact Marilyn Lighffooti) City Clerk, at 654-2498.

Descriptive Title: An Ordinance of the CI of Malta, Idaho, repealing Chapter 2 of Title 7 Of the Mena city- oede, 1960; regulatInf the Sale, possessionr and use of fireworks Wit nlhotity-of Malta, Idaho; and providing an effective date of this Ordinance.

Sectiont. Chapter two (2) of Title seven (7)

Ruth Anne Holmes, being first duly sworn, deposes and says that she is the Legal ( of the Malta City Code, 1960, is hereby repealed. Section 2. That there is hereby added to the

Malta City Code, 1960, this ordinance to be

South Idaho Press, a weekly newspaper published at Burley, Idaho, in the county a known and designated as the Fireworks Ordi- nance of the City of Malta, Idaho, and may be cit-ed as such. •

and that the paper is of general circulation therein. Deponent further states that the - Section 3. The full text of Section 3 defines and classifies various types of fireworks. Class- es of fireworks include dangerous fireworks and

attached hereto was duly published according to law in the regular editions of the . safe and sane fireworks. Section 4, DANGEROUS FIREWORKS

PERMIT: it shall be unlawful for any person In Press for one consecutive week(s), commencing with the issue dated 25th day of J the city to import, export, offer for sale, sell, pos- sess, keep or store, or pent:a the keeping or stor-ing, of any 'dangerous fireworks" for any use or purpose except that a person holding a "danger-ous fireworks permit" Issued pursuant to the terms and conditions of this chapter may Use "dangerous fireworks" for a safely supervised and conducted public display of fireworks. Said fireworks may be stored for a period not exceed-ing ten (10) days immediately preceding the date ot said public display, provided the fireworks are

to -be used exclusively for the public display. The police department and/or the tire depart-

ment of the city shall have the right, power and authority to confiscate and destroy all "danger-ous fireworks" being imported, exported, offered for sale, sold, possessed, kept or stored in viola-tion. of these presents.

• Section 5. SAFE AND SANE FIREWORKS PERMIT: No person, without having a valid "safe and sane fireworks permit" issued pursuant to terms and conditions set forth in this chapter, shall import, export, possess for the purpose of sale, offer for sale or sell any "safe and sane fire-works" for any use or purpose.

Section 6. Sets forth requirements for appli-cations and fees for safe and sane fireworks per-mits and dangerous fireworks permits.

- Section 7. The full text of Section 7 sets forth the contents of an application for a safe and sane fireworks permit or a dangerous fireworks permit. - Section 8. The full text of Section 8 sets forth

thbprocess by which applications are Investigat-

': Section 9. Sets for the conditions for the is-suance of permits.

Section 10. Sets forth Insurance require-ments for applicants of fireworks permits.

Section 11. Sets forth the premises require-ments for the sale of safe and sane fireworks.

- section 12. Sets forth the requirements fOr temporary fireworks stands. •

.`Section 13. RECORDS KEPT: Each permit-tile shall be required to retain at the licensed premises while said premises are open, and at hls "principal place of business for a year there-after, copies of all invoices, receipts and orders evidencing the source from which he acquired ff(e fireworks which he handled.

Section 14. COMPLIANCE WITH STATE LAWS REQUIRED. It shall be the duty of every Arson issued a iEfireworks permitiE to comply with all the provisions of the Idaho State Fire-wOrks Act of 1997, Title 39, Chapter 26, and this chapter. The conviction of violation of the afore-said Idaho State Fireworks Act or by any of its agents, employees, or officers shall constitute a cause, in and of itself, to deny and subsequent application for a permit.

Section 15. EFFECTIVE DATE: This Ordi-nance shall take effect immediately upon final patsage and publication as provided by law.

• This Ordinance was passed and approved by the City of Malta on June 1, 2006.

Approval of Summary June 30th, 2006. CITY OF MALTA By: /s/Tina Loock

Mayor

SOUTH IDAHO PRESS BURLEY, IDAHO

AFFIDAVIT OF PUBLICATION

County of Cassia ) )ss

STATE OF IDAHO )

ATTEST: /s/Marilyn Lightfoot City Clerk

PUBLISHED: South Idaho Press July 25, 2006.

JUN-28-2006 WED 03:50 PM PARSONS SMITH STONE LLP

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PARSONS, SMITH & STONE, LLP

WILLIAM A. PARSONS

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June 28, 2006

ATTN: Marilyn Lightfoot City of Malta 1456 South 2200 East Malta Idaho 83342

RE: Statement of Summary of Ordinance No. 55

Dear Marilyn:

Enclosed with this letter is a Summary of Ordinance No. 55 which is true and complete and provides adequate notice to the public. Upon approval, please sign the summary and return a copy of the signed document to my office.

Sincerely,

PARSONS, SMITH & STONE, LLP

David F. Shirley

DFS/nj

JUN-28-2006 WED 03:50 PM PARSONS SMITH STONE LLP FAX NO. 2088780146 P. 03

SUMMARY OF CITY OF MALTA ORDINANCE NO. 55

The following summary of Malta City Ordinance No. 55 is published pursuant to Idaho Code §50-901A. The full text of the Ordinance is available at the office of the City of Malta, Idaho. For further information contact Marilyn Lightfoot, City Clerk, at 654-2498.

Descriptive Title:

An Ordinance of the City of Malta, Idaho, repealing Chapter 2 of Title 7 of the Malta City Code, 1960; regulating the sale, possession, and use of fireworks within the City of Malta, Idaho; and providing an effective date of this Ordinance.

Section1. Chapter two (2) of Title seven (7) of the Malta City Code, 1960, is hereby repealed.

Section 2.

Section 3.

That there is hereby added to the Malta City Code, 1960, this ordinance to be known and designated as the Fireworks Ordinance of the City of Malta, Idaho, and may be cited as such.

The full text of Section 3 defines and classifies various types of fireworks. Classes of fireworks include dangerous fireworks and safe and sane fireworks.

Section 4. DANGEROUS FIREWORKS PERMIT: It shall be unlawful for any person in the city to import, export, offer for sale, sell, possess, keep or store, or permit the keeping or storing of any "dangerous fireworks" for any use or purpose except that a person holding a "dangerous fireworks permit" issued pursuant to the terms and conditions of this chapter may use "dangerous fireworks' for a safely supervised and conducted public display of fireworks. Said fireworks may be stored for a period not exceeding ten (10) days immediately preceding the date of said public display, provided the fireworks are to be used exclusively for the public display.

The police department and/or the fire department of the city shall have the right, power and authority to confiscate and destroy all "dangerous fireworks" being imported, exported, offered for sale, sold, possessed, kept or stored in violation of these presents.

Section 5. SAFE AND SANE FIREWORKS PERMIT: No person, without having a valid "safe and sane fireworks permit" issued pursuant to terms and conditions set forth in this chapter, shall import, export, possess for the purpose of sale, offer for sale or sell any "safe and sane fireworks" for any use or purpose.

Section 6. Sets forth requirements for applications and fees for safe and sane fireworks permits and dangerous fireworks permits.

Section 7. The full text of Section 7 sets forth the contents of an application for a safe and sane fireworks permit or a dangerous fireworks permit.

Section 8. The full text of Section 8 sets forth the process by which

JUN-28-2006 WED 03:50 PM PARSONS SMITH STONE LLP FAX NO. 2088780146 P. 04

applications are investigated.

Section 9. Sets for the conditions for the issuance of permits.

Section 10. Sets forth insurance requirements for applicants of fireworks permits.

Section 11. Sets forth the premises requirements for the sale of safe and sane fireworks.

Section 12. Sets forth the requirements for temporary fireworks stands.

Section 13.

Section 14.

Section 15.

RECORDS KEPT: Each permittee shall be required to retain at the licensed premises while said premises are open, and at his principal place of business for a year thereafter, copies of all invoices, receipts and orders evidencing the source from which he acquired the fireworks which he handled.

COMPLIANCE WITH STATE LAWS REQUIRED. It shall be the duty of every person issued a "fireworks permit" to comply with all the provisions of the Idaho State Fireworks Act of 1997, Title 39, Chapter 26, and this chapter. The conviction of violation of the aforesaid Idaho State Fireworks Act or by any of its agents, employees, or officers shall constitute a cause, in and of itself, to deny and subsequent application for a permit.

EFFECTIVE DATE: This Ordinance shall take effect immediately upon final passage and publication as provided by law.

This Ordinance was passed and approved by the City of Malta on June 1, 2006.

Approval of Summary June al', 2006.

CITY OF MALTA

By: