HomeMy WebLinkAbout720430.tiffWELD COUNTY
COMMISSIONERS
MARSHALL H. ANDERSON
HARRY S. ASHLEY
GLENN K. BILLINGS
COLORADO
Greeley Elks Lodge No 809
28th Street and 35th Avenue
Greeley, Colorado 80631
OFFICE OF
BOARD OF COUNTY COMMISSIONERS
July 19, 1972
PHONE (303) 353-2212
EX7. 21. 22. AND 23
COURTHOUSE
GREELEY, 80631
Gentlemen: Re: Fireworks Permit
r
Sheriff Martinez has denied the application of the Greeley
Elks Club for a fireworks display permit to be held on July 22, 1972.
Since Mr. Martinez is a constitutional officer and he has denied
the request the Board of County Commissioners can not over ride
his decision.
Sincerely,
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
J'V
cc: Check #2191
j,h..-Vag 7 20 43 0
RETAIL FIREWORKS._ LICENSE._.
NAME
OF A P P L I
C A N Tt
GREELEY ELKS LODGE
809
H 0 M E
A D D R E S Ss
2809
35 AVENUE GREELEY,
COLORADO
80631
LOCATION OF BUS I NESSa_ SAME
A LICENSE FEE OF $5.00 PAYABLE TO WELD COUNTY, COLORADO, IS
HEREBY TENDERED AND APPLICATION IS HEREBY MADE FOR A RETAIL
FIREWORKS LICENSE, FOR THE CALENDAR YEAR l92.
This License is issued subject to the Laws of the State of
Colorado, and especially under the provisions of House Bill
No. 1171, 46th General Assembly
P+
UNITED BANK OF GREELEY NQ 2191 8e
GREELEY ELKS LODGE NO. 809 Greeley, Colorado1021
28TH STREET AND 35TH AVENUE
GREELEY, COLORADO 80631
DATE July 5. 1972
PAYDOLLAC`
7HO TTHE 10
OF
BART0N Buss .,
BY
�.v
1:
DETACH AND RETAIN THIS VOUCHER. IT IS THE ONLY RECORD YOU WILL RECEIVE.
GREELEY ELKS LODGE NO. 809 — GREELEY, COLORADO
DATE DES RIPTION I TOTAI. OEO VOTIONS NLMIT fANGI:
105 I-Tawaiian Luau - Fireworks license
Af
201.3 REV 10-66
?f8
53-4-3 EXPLOSIVES, FIREARMS AND FIREWORKS 890
a resident of the state of Colorado for more than one year prior to the is-
suance of the proclamation mentioned in section 53-4-1.
Source: L. 14, p. 4, § 2; C. L. § 5496; CSA, C. 68, § 7; CRS 53, § 53-4-2.
53-4-3. Constitutional rights preserved. —Nothing in this article shall
be construed so as to call in question the right of any person to keep and
bear arms in the defense of his home, person, or property, or in aid of the
civil power when thereto legally summoned.
Source: L. 14, p. 5, § 3; C. L. § 5497; CSA, C. 68, § 8; CRS 53, § 53-4-3.
53-4-4. Violation —penalty. —Any person, firm or corporation violating
the provisions of section 53-4-2, shall be deemed guilty of a misdemeanor
and upon conviction shall be fined in a sum not less than one hundred dol-
lars and not exceeding one thousand dollars, or imprisoned in the county
jail not exceeding one year, or both such fine and imprisonment.
Source: L. 14, p. 5, § 4; C. L. § 5498; CSA, C. 68, § 9; CRS 53, § 53-4-4.
ARTICLE 5
Fireworks
Cross reference: For penalty for unlawful possession of explosive contrivances,
compare 40-11-3 and 40-11-4.
53-5-1. Definitions. 53-5-5. Construction.
53-5-2. Unlawful to sell or use. 53-5-6. Regulation by municipalities.
53-5-3. Permits for display. 53-5-7. Seizure of fireworks.
53-5-4. Bond. 53-5-8. Violation —penalty.
s3 -ea
Art• ;•
Rcen. 4V/A
53.5-1. Definitions. —(1) "Fireworks" means and includes any article,
/ L. sv
c>>. 4u. t 1
device or substance prepared for the primary purpose of producing a visual
P. 936
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 under-
neath to propel the same, firecrackers, torpedoes, skyrockets, roman candles
and daygo bombs. The term "fireworks" shall not include toy pistols, toy
guns, sparklers or torches which do not contain explosive charges or other
devices in which paper caps manufactured in accordance with United
States interstate commerce commission regulations for packing and ship-
ping of toy paper caps are used and toy pistol paper caps manufactured as
provided in this article.
(2) "Governing body" means the board of county commissioners as to
the area within a county but outside the corporate limits of any city or
town; or means the city council, board of trustees or other governing body
of a city or town as to the area within the corporate limits of such city or
town.
(3) "Person" shall include an individual, partnership, copartnership,
firm, company, association or corporation.
Source: L. 51, p.406, § 1; CSA, C. 68B, § 1; L. 53, p. 310, § 1; CRS 53,
§ 53-5-1.
General:
This section sustained as constitutional tution. People v. Young (1959) 139 C. 357,
under article II, section 25 of the consti- 339 P.2d 672.
891 FIREWORKS 53-5-5
53-5-2. Unlawful to sell or use. —Except as provided in sections 53-5-3
and 53-5-4, it shall be unlawful for any person to offer for sale, expose for
sale, sell, or have in his possession with intent to offer for sale or sell, or to
use or explode any fireworks in the state of Colorado.
Source: L. 51, p. 406, § 2; CSA, C. 68B, § 2; CRS 53, § 53-5-2.
General:
Stocking. and selling fireworks is an resulted from illegal trade because of in -
illegal act within the meaning of an in- crease of hazard. Standard Marine Ins. Co.
surance policy barring recovery if the loss v. Peck (1959) 140 C. 56, 342 P.2d 661.
53.5-3. Permits for display. —(1) Any governing body shall have the
power to grant permits, within the area under its jurisdiction, for super-
vised public displays of fireworks by municipalities, fair associations,
amusement parks and other organizations and groups, and to adopt reason-
able rules and regulations for the granting of such permits. Application
for a permit shall be made in writing at least fifteen days in advance of
the date of display. Every display shall be handled by a competent oper-
ator and shall be of such character and so located, discharged, and fired as
not to be hazardous to property or endanger any person. Before a permit
is granted, the operator and the location and handling of the display hall
be approved, after investigation, by the head of the fire department of e
cif' or town or the sheriff of t , or their authorized agents.
(2) No permit s a be trans era le or assignable. No permit shall be
required for such public display of fireworks at the state fair grounds by
the Colorado state fair commission, nor of any county or district fair duly
organized under the laws of the state.
Source: L. 51, p. 406, § 3; CSA, C. 68B, § 3; CRS 53, § 53-5-3.
53-5-4. Bond. —The governing body shall require each permittee to
give a satisfactory bond, in a sum not less than five hundred dollars, con-
ditioned for the payment of all damages which may be caused either to
persons or property by reason of the licensed display, and arising from
any acts of the permittee, his agents, employees or subcontractors. The
aggregate liability of the surety on any such bond for all damages, in no
event; shall exceed the sum of said bond.
Source: L. 51, p. 407, § 4; CSA, C. 68B, § 4; CRS 53, § 53-5-4.
53-5-5. Construction. —(1) (a) This article shall not be construed to
prohibit:
(b) Any person from offering for sale, exposing for sale, selling, or
having in his possession with intent to offer for sale or sell, fireworks to
any municipality, fair association, amusement park, or other organization
or group holding a permit issued as provided in this article, or to the gov-
erning body of the Colorado state fair or of any county or district fair
organized under the laws of the state;
(c) Any person from using or exploding fireworks in accordance with
the provisions of any permit issued as provided in this article or as a part
of a supervised public display at the Colorado state fair or of any county
or district fair organized under the laws of the state;
(d) Any person from offering for sale, exposing for sale, selling, or
having in his possession with intent to offer for sale or sell, any fireworks
which are to be and are shipped directly out of the state;
(e) Any person from offering for sale, exposing for sale, selling, or
having in his possession with intent to offer for sale or sell, or using or
play, exhibition, noise, amusement or entertainment;urpose other than clis-
53-5-6 EXPLOSIVES, FIREARMS AND FIREWORKS 892
(f) Any person from offering for sale, exposing for sale, selling, or
having in his possession with intent to offer for sale or sell, or using or ex-
ploding, blank cartridges for a show or theater, or for signal or ceremonial
purposes in organized athletics or sports; or
(g) Any person from offering for sale, exposing for sale, selling, or
having in his possession with intent to offer for sale or sell, or using or
firing, toy pistols, toy guns, sparklers or torches which do not contain ex-
plosive charges or other devices in which paper caps manufactured in ac-
cordance with United States interstate commerce commission regulations
for packing and shipping of toy paper caps are used and toy pistol paper
caps manufactured as provided in this article.
Source: L. 51, p. 407, § 5; CSA, C. 68B, § 5; L. 53, p. 311, § 2; CRS 53,
§ 53-5-5.
53-5-6. Regulation by municipalities. —This article shall not be con-
strued to prohibit the imposition by municipal ordinance of further regu-
lations and prohibitions upon the sale, use and possession of fireworks
within the corporate limits of any city or town, but no such city or town
shall permit or authorize the sale, use, or possession of any fireworks in
violation of this article.
Source: L. 51, p. 408, § 6; CSA, C. 688, § 6; CRS 53, § 53-5-6.
53-5-7. Seizure of fireworks. —The police authorities of any city or
town or the sheriff of any county shall seize, take and remove at the ex-
pense of the owner, all stocks of fireworks or combustibles offered or ex-
posed for sale, stored, or held in violation of this article.
Source: L. 51, p. 408, § 7; CSA, C. 688, § 7; CRS 53, § 53-5-7.
53-5-8. Violation —penalty. —Any person violating any provision of
this article shall be guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not exceeding three hundred dollars, or by
imprisonment not exceeding ninety days, or by both such fine and imprison-
ment.
Source: L. 51, p. 408, § 8; CSA, C. 68B, § 8; CRS 53, § 53-5-8.
its
936 EXPLOSIVES, FIREARMS AND FIREWORKS
Ch. 421
CHAPTER 421
EXPLOSIVES, FIREARMS AND FIREWORKS
FIREWORKS
(House Bill No. 1171. By Representatives Grimahaw, Fentress, and Singer; also Senators Denny,
Donlon, Hewett, Jackson, Lucas, Oliver, and Stockton.)
AN ACT
CONCERNING FIREWORKS, AND PROVIDING FOR THE REGULATION OF THE
SALE AND USE THEREOF.
Be it enacted by the General Assembly of the State of Colorado:
Section 1. Article 5 of chapter 53, Colorado Revised Statutes 1963, is
REPEALED AND RE-ENACTED, WITH AMENDMENTS, to read:
ARTICLE 5
FIREWORKS
53-5-1. Definitions --(1) As used in this article, unless the context
otherwise requires:
(2) "Fireworks" means and includes any article, device or substance
prepared for the primary purpose of producing a visual or auditory sensa-
tion by combustion, explosion, deflagration, or detonation, including, with-
out 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, roman candles, daygo bombs,
sparklers, and torches. The term "fireworks" shall not include toy pistol
Paper caps.
(3) "Governing body" means the board of county commissioners as to
the area within a county but outside the corporate limits of any city or
town; or the city council, board of trustees, or other governing body of a
city or town as to the area within the corporate limits of such city or
town.
(4) "Person" includes an individual, partnership, firm, company, as-
sociation, or corporation.
fur-
nishes s fireworks to another person not for resalelelivers, consigns, or fur-
I-:
Ch. 421 EXPLOSIVES, FIREARMS AND FIREWORKS - 937
(6) "Wholesaler" includes any person who sells, delivers, consigns,
gives, or in anyway furnishes fireworks to a retailer for resale.
(7) "Manufacturer" includes any wholesaler and any person who manu-
factures, makes, constructs, or produces any fireworks article or device.
53-5-2. Unlawful to sell or use certain types of fireworks. —(1) (a)
Except as provided in sections 53-5-3 and 53-5-6, it shall be unlawful in
the state of Colorado for any person to offer for sale, expose for sale, sell,
or have in his possession with intent to offer for sale, or sell, or to use or
explode any fireworks other than those hereinafter defined and marked
pursuant to the United States interstate commerce commission "Class C
Common Fireworks":
(b) Cylindrical fountains, total pyrotechnic composition not to exceed
seventy-five grams each in weight. The inside tube diameter shall not ex-
ceed three -fourths inch.
(c) Cone fountains, total pyrotechnic composition not to exceed fifty
grams each in weight.
(d) Wheels, total pyrotechnic composition not to exceed sixty grams in
weight, for each driver unit, but there may be any number of drivers on
any one wheel. The inside bore of driver tubes shall not be over one-half
inch.
(e) Illuminating torches and colored fire in any form, total pyrotechnic
composition of illuminating torches not to exceed one hundred grams each
in weight.
(f) Sparklers and dipped sticks, total pyrotechnic composition not to
exceed one hundred grams each in weight. Pyrotechnic composition con-
taining any chlorate or perchlorate shall not exceed five grams.
(g) Mines and shells of which the mortar is an integral part, except
those designed to produce an audible effect, total pyrotechnic composition
not to exceed forty grams each in weight.
(h) Novelties consisting of two or more devices enumerated in this
paragraph when approved by the bureau of explosives.
(i) Railway fuses, truck flares, hand ship distress signals, smoke
candles, smoke signals, and smoke pots.
(j) Toy paper caps which do not contain more than thirty one hundred-
ths of a grain of explosive compound.
(k) Pop bottle rockets, no more than one-fourth inch in diameter and
one and three -fourths inches in length, cap sticks, or other small novelty
items such as yoyo, swifts, rollers, trick matches, cigarette loads, auto tricks
without report, and other similar items.
53-5-3. Permits for display.—. (1) Any governing body shall have
the power to grant permits, within the area under its jurisdiction, for su-
pervised public displays of fireworks by municipalities, fair asssociations,
amusement parks, and other organizations and groups, and to adopt rea-
sonable rules and regulations for the granting of such permits. Applica-
tion for a permit shall be made in writing at least fifteen days in advance
of the date of display. Every display shall be handled by a competent
operator and shall be of such character and so located, discharged, and
fired as not to be hazardous to property, or endanger any person. Be-
fore a permit is granted, the operator and the location and handling of the
938 EXPLOSIVES, FIREARMS AND FIREWORKS Ch. 421
display shall be approved, after investigation, by the chief of the fire de-
partment of the city or town, or the sheriff of the county, or their au-
thorized agents.
(2) No permit shall be transferable or assignable. No permit shall be
required for such public display of fireworks at the state fair and in-
dustrial exposition grounds by the Colorado state fair and industrial exposi-
tion commission, nor of any county or district fair duly organized under
the laws of the state.
53-5-4. Bond. —The governing body shall require each permittee to
give a satisfactory bond, in a sum not less than five hundred dollars, con-
ditioned for the payment of all damages which may be caused either to
persons or property by reason of the licensed display, and arising from any
acts of the permittee, his agents, employees, or subcontractors. The ag-
gregate liability of the surety on any such bond for all damages, in no
event, shall exceed the sum of said bond.
53-5-5. Construction. ..(1) (a) This article shall not be construed to
prohibit:
(b) Any person, including a manufacturer, who has first obtained a
license to sell fireworks, from offering for sale, exposing for sale, selling,
or having in his possession with intent to offer for sale, or sell, fireworks
to any municipality, fair association, amusement park, or other organiza-
tion or group holding a permit issued as provided in this article, or to the
Colorado state fair and industrial exposition commission;
(c) Any person from using or exploding fireworks in accordance with
the provisions of any permit issued as provided in this article or as part of
a supervised public display at the Colorado state fair and industrial ex-
position, or of any county or district fair organized under the laws of this
state;
(d) Any person, including a manufacturer, who has first obtained a
license to sell fireworks, from offering for sale, exposing for sale, selling,
or having in his possession with intent to offer for sale, or sell, any fire-
works which are to be, or are, shipped directly out of state. All such sales
made by retailers shall be shipped by a common carrier or private carrier,
as defined in and duly authorized pursuant to chapter 115, C.R.S. 1963, or
a carrier engaged in interstate commerce, duly authorized by the United
States interstate commerce commission and the public utilities commission
of the state of Colorado, as required by law, except that sales made by a
wholesaler or a manufacturer may be shipped by other means of trans-
portation where such wholesaler or manufacturer retains an invoice show-
ing the items shipped, the name and motor vehicle license of the carrier,
and the city and state of destination;
(e) Any person from offering for sale, exposing for sale, selling, or
having in his possession with intent to offer for sale or sell, or using or
exploding, any article, device, or substance for a purpose other than dis-
play, exhibition, noise, amusement, or entertainment;
(f) Any person who regularly keeps as part of his stock of theatrical
supplies, from offering for sale, exposing for sale, selling, or having in his
possession with intent to offer for sale or sell, or using or exploding, blank
cartridges for a show or theater, or for signal or ceremonial purposes in or-
ganized athletics or sports;
(gg) Any par;on from offerings for sae, exposing for sale, selling, or
having in his possession with intent to offer for sale or sell, or using
Ch. 421 EXPLOSIVES, FIREARMS AND FIREWORKS 939
or firing toy pistols, toy guns, sparklers, or torches which do not contain
explosive charges or other devices in which paper caps manufactured in
accordance with United States interstate commerce commission regula-
tions
for packing and shipping of toy paper caps are used and toy pistol
paper caps manufactured as provided in this article; or
(h) Any person who sells or uses model rockets as hereinafter de-
scribed, and any person engaged in manufacturing of model rockets or
model rocket engines who offers for sale, exposes for sale, or has in his
possession with intent to offer for sale or sell, model rocket engines, or
model or educational rockets which utilize a replaceable engine or motor
cartridge, of non-metallic construction, containing less than two ounces of
propellant, and designed to be launched by an electrical ignition system and
contain a parachute or other means for safe recovery of the rocket vehicle.
53-5-6. Licensing of authorized vendors. —(1) (a) No person shall sell
at retail fireworks until he shall first obtain a license from the governing
body of the area for each location at which such sales are to be made.
(b) No person shall manufacture or wholesale fireworks until he shall
first obtain a license from the secretary of state of the state of Colorado,
and the secretary of state shall be the sole licensing authority for manu-
facturer's And wholesaler's licenses.
(2) (a) A license to sell fireworks in this state shall be issued only
for such sales as are permitted under this article, and only when the gov-
erning body has determined that the vendor meets the following require-
ments:
(b) That the applicant, or if a corporation, its officers and directors,
are of good moral character and reputation;
(c) That the applicant has no plan, intent, or scheme to make sales pro-
hibited by this article.
(3) Such license shall be valid for a period of twelve months from the
date of issuance and a fee of five dollars for a retail license and a fee of
two hundred fifty dollars for a wholesaler's or manufacturer's license shall
be payable for the issuance or renewal of such license.
53-5-7. Regulation by municipalities. —This article shall not be con-
strued to prohibit the imposition by municipal ordinance of further regula-
tions and prohibitions upon the sale, use, and possession of fireworks with-
in the corporate limits of any city or town, but no such city or town
shall permit or authorize the sale, use, or possession of any fireworks in
violation of this article.
53-5-8. Seizure of fireworks. —The police authorities of any city or
town, or the sheriff of any county, or the fire chief, or his authorized
agent, of any city or town or of any fire protection district, shall seize, take,
and remove at the expense of the owner, all stocks of fireworks or com-
bustibles offered or exposed for sale, stored, or held in violation of this
article.
53-5-9. Violations —penalty. —Any person violating any provision of this
article shall be guilty of a misdemeanor and upon conviction thereof shall be
punished by revocation of the license, by a fine not exceeding three hundred
dollars, or by imprisonment in the county jail not exceeding ninety days,
or by both such fine and imprisonment. Each day of sale prohibited under
this article shall be deemed a separate offense. Penalties under this section
may be imposed consecutively.
940 EXPLOSIVES, FIREARMS AND FIREWORKS
Ch. 421
Section 2. Effective date. —This act shall take effect May 1, 1967.
Section 3. Safety clause.. -...The general assembly hereby finds, deter_
mines, and declares that this act is necessary for the immediate presefla.
tion of the public peace, health, and safety.
Approved: June 14, 1967
Ch. 55 EXPLOSIVES
FIREA1tlIS, AND FIREWORKS
1s5
CHAPTER 55
EXPLOSIVES, FIREARMS, AND FIREWORKS
EXPLOSIVES -_ REGULATION AND INSPECTION
(Houflasuse B3herl!, 1160. By Representatives Brypant, Moore, DeMoulin, d, raden, B
C)uinlen Sack, Carr ll, Co or . v Cooper Gustafson, Horst, Johnson, Kostei
Sanchez Schmid Arno] B
Jackson, Locke, MacFarlane, M lso Senators Anderson,
acilffanus, and 3ffassari) Chance, L. Fowler:
AN ACT
CONCERNING SAFETY INSPECTION BY THE DIVISION OF LABOR OF THE
DEPARTMENT OF LABOR AND EMPLOYMENT, AND PROVIDING FOR
THE REGULATION OF AND PRESCRIBING LIMITATIONS ON EXPLO-
SIVES AND INCENDIARY DEVICES.
Re it enacted by the General Assembly of the State of Colorado:
Section 1. Chapter 53, Colorado Revised Statutes 1963, as amended, is
amended BY THE ADDITION OF A NEW ARTICLE to read:
ARTICLE 7
Explosives --Regulation and Inspection
53-7-1. Short title. —This article shall be known and ma
"The Explosives Act".
Y be cited as
53-7-2. Legislative intent.. -...The general assembly hereby declares that
the purpose of this article is to provide for safety inspections to assure
suitable control of the Procurement of, and access to, explosives, and at the
osame time to avoid undue limitations upon the manufacture, sale, transport,
nspegtion,a nd eUse
forcmentsb es To avoid a duplication of supervision,
firm, Partnership, by various governmental agencies no
p, or corporation whose Possession, use, person,
1963 shall is subject
n�} o regulation by the nrovi ;" e c tor storage of
Definitions(1)
As used in this article:
to r xploslve" or "explosive device" means any material or container
containing a chemical compound or mixture that is Commonly
intended for the purpose of
oxidizing and combustible materialsorother ingred entshan Contains
u h r any
lions, quantities, or packing that an ignition by fire, by friction, b
n-
cussion, or by detonation of any by c or -
such a sudden generation of hihly heated egases that the resultant gaseous
pressures are capable ofound or mixture may cause
Producing destructive effects on contiguous ob-
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