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ORDINANCE NO. 5032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AMENDING THE CODE OF THE CITY OF CHANDLER, CHAPTER 28 FIRE PREVENTION, BY AMENDING SECTION 28-23 RELATING TO EXPLOSIVES AND FIREWORKS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. WHEREAS, Chapter 28 of the Code of the City of Chandler provides that the City of Chandler, Arizona has adopted the 2021 edition of the International Fire Code, subject to specified amendments thereto as set forth in Chapter 28; and WHEREAS, the City of Chandler Fire Department believes it to be prudent to amend Section 28- 23 of Chapter 28 relating to explosives and fireworks to update the exceptions to the use of consumer fireworks in accordance with recent changes adopted by the Arizona legislature in A.R.S. § 36-1606 that permit cities to prohibit the use of consumer fireworks from 11 p.m. to 8 a.m. every day, except on the nights of New Year’s Eve and Independence Day, when they can be used between the hours of 11 p.m. and 1 a.m. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona, as follows: Section 1. That Chapter 28, Fire Prevention, of the Code of the City of Chandler, is hereby amended by amending Section 28-23 relating to explosives and fireworks to read as follows (additions in BOLD and ALL CAPS, deletions in strikeout): 28-23. - Explosives and fireworks. Section 5601.1.3 of the code is hereby amended by repealing Exception 4 in its entirety and replacing it with a new Exception 4 to read as follows: Exception 4 The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable laws, ordinances, and regulations, provided that such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, DOTN 49 CFR Parts 100-185 (2006 edition), and Arizona Revised Statutes (A.R.S.) Sections 36-1601, et seq., as applicable for consumer fireworks. The sale of permissible consumer fireworks as defined under A.R.S. Sections 36-1601, et seq., is only allowed April 25th through May 6th, May 20th through July 6th, and December 10th through January 3rd, AND TWO DAYS BEFORE THE FIRST DAY OF DIWALI THROUGH THE THIRD DAY OF DIWALI EACH YEAR. The use of permissible consumer fireworks as defined under A.R.S. Sections 36-1601, et seq., is only allowed BETWEEN 8:00 A.M. TO 11:00 P.M. EVERY DAY May 4th through May 6th, June 24th through July 6th (EXTENDED ON JULY 4TH FROM 11:00 P.M. TO 1:00 A.M. ON JULY 5TH), and December 24th through January 3rd (EXTENDED ON DECEMBER 31ST FROM 11:00 P.M. TO 1:00 A.M. ON JANUARY 1ST), Ordinance No. 5032 Page 2 AND THE SECOND AND THIRD DAYS OF DIWALI OF EACH YEAR; PROVIDED THAT USE IS on private property with the permission of the property owner or the property owner's duly appointed agent. Except as authorized by a permit issued by the Fire Chief or Fire Chief's designee, the use, discharge, or ignition of permissible consumer fireworks is prohibited in all public parks, public retention basins, and public facilities. Section 2. Providing for Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance, or any parts hereof, are hereby repealed. Section 3. Providing for Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler, Arizona, this ____ day of October, 2022. ATTEST: ______________________________ ______________________________ CITY CLERK MAYOR PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this _____ day of October, 2022. ATTEST: ______________________________ _______________________________ CITY CLERK MAYOR Ordinance No. 5032 Page 3 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Ordinance No. 5032 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the ____ day of October 2022, and that a quorum was present thereat. __________________________ CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Published in the Arizona Republic on: