§ 10-30. Permit applications.

(a)

Required information. Application for permits shall be made in writing on a form to be prescribed by the county administrator and submitted to the county administrator at least fifteen (15) days in advance of the date the fireworks display is proposed to be conducted. The application shall set forth the following information:

(1)

The name of the organization or association seeking to conduct the fireworks display and the name of an individual person who shall be responsible for organizing the display, making the permit application, and who the county administrator may contact about the application, the permit or any other aspect of the display.

(2)

Where the fireworks which are to be used in the proposed display were or will be obtained, the name of the manufacturer and distributor, the type and the number of each type of fireworks to be used.

(3)

The location of the proposed display.

(4)

The time, date and year of the proposed display.

(5)

A general description of all arrangements for crowd control and safety precautions, including, but not limited to, fire control and emergency medical capability.

(6)

The name and address of the person who will be actually supervising and in control of the detonation, explosion and use of the fireworks and a description of such person's experience and expertise with pyrotechnics.

(b)

Fee, review and permit process. A nonrefundable application fee of twenty-five dollars ($25.00) shall accompany each application. Upon receipt of an application, the county fire marshal's office shall review it and may request further information from the applicant, if necessary. The county fire marshal's office (or its designated representative within the public safety department) shall deny, grant or grant with conditions the permit based upon the standards and criteria of this article and state and federal law. The permit may include conditions to promote public safety, public convenience, and to prevent a nuisance situation, including, but not limited to, a requirement that the applicant have an adequate policy of public liability insurance, the time of day the fireworks are to be displayed, the location of the display, and conditions pertaining to safety precautions. The permit under this subsection may also serve as a temporary noise permit under section 9-115, with concurrence by the zoning and code enforcement director or his departmental designee. The fire marshal shall be deemed a designee of the county manager for such purposes.

(c)

Criteria. The following criteria shall apply:

(1)

Weather and environmental conditions.

(2)

The location of the display.

(3)

Crowd control and safety precautions available.

(4)

Noise impacts vis-a-vis the area in which the display is to be conducted.

(5)

The experience and expertise with pyrotechnics of the person designing the display and detonating the fireworks.

(d)

Appeal. Should an applicant be aggrieved by the fire marshal's decision, the applicant may appeal it to the board of county commissioners by filing with the county manager's office a notice of appeal setting forth, in writing, the grounds upon which the appeal is based and reasons why the applicant believes the decision appealed from is in error. A copy shall be furnished [to] the fire marshal's office. The county manager's office shall place the matter on a board agenda for as soon as may be practicable. The board may affirm, reverse, or modify the fire marshal's decision. The board's decision shall be final. Further appeal shall be by certiorari to the circuit court.

(Ord. No. 86-4, § 3; Ord. No. 95-22, § 1, 11-6-95)