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It is hereby found and determined that the city does not currently have sufficient laws and regulations regarding the use and sale of fireworks within the corporate limits of the city to provide adequate protection to the citizens of the city. Therefore, an emergency is declared to exist, and this chapter being immediately necessary for the preservation and protection of the public peace, health, safety and welfare of the city and its citizens, became effective on the date of its passage and approval by the Mayor. It shall hereafter be lawful for any person to offer fireworks for sale at retail or wholesale within the corporate limits of the city only under the terms and regulations set out in this chapter.
(Ord. 2021-33, passed 9-27-2021)
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS. Any explosive device using gunpowder, including, but not limited to, firecrackers, sparklers, foundations, bottle rockets, cherry bombs, and any other exploding fireworks.
(Ord. 2021-33, passed 9-27-2021)
(A) Any person, individual, firm, corporation, or other business entity shall be authorized to sell fireworks at wholesale or retail within the corporate limits of the city upon the following terms and conditions.
(1) Any entity shall make application to the Mayor, or authorized personnel of the city, for the issuance of a permit to sell said fireworks, prior to the beginning of the authorized period for sale of fireworks as defined in state statutes.
(a) A person may pick up a permit application at City Hall.
(b) The permit shall not be issued unless the applicant has a valid state permit to sell fireworks issued and approved by the State Police under state law, being A.C. §§ 20-22-707, 20-22-708, and 20-22-710.
(2) Each application shall require a fee in the amount of $500, payable prior to the issuance of said permit. Said application fee shall be payable for each distinct location within the corporate limits of the city. Upon compliance with the conditions hereinabove, the Mayor, or authorized personnel, shall issue said permit and the sale of fireworks will be authorized.
(3) The sale of fireworks shall occur only in a commercially-zoned area and recognize regulated setbacks from the property lines.
(4) The hours of operation for the fireworks stands within the city shall be from 9:00 a.m. until 10:00 p.m., from June 20 through July 6, except July 3 and 4 until the hour of 11:00 p.m. under A.C. §§ 20-22-704 and 20-22-711.
(5) Prior to the opening of the fireworks sale facility, an on-site inspection by the Fire Department must be conducted of the site.
(6) All fireworks stands shall have at least one five-pound ABC fire extinguisher, or as many as the Fire Department inspectors require.
(7) All workers selling, stocking, or handling any fireworks shall be at least 16 years of age. It shall be unlawful to offer for retail sale or sell any fireworks to children under the age of 12, or to any person known to be intoxicated or irresponsible under A.C. § 20-22-712.
(8) All grass surrounding the fireworks stand area shall be closely trimmed. Trash and any other combustible materials shall be removed from the fireworks stand area at all times.
(9) In cases of violation of any of the above-mentioned conditions, or if the Mayor or Fire Chief, or their representatives, deem the fireworks stand to be a danger to the health and safety of the community, the Mayor and/or Fire Chief may exercise the right to close the stand temporarily until the conditions have been complied with, or close the stand permanently, at their discretion.
(B) Any sale, whether wholesale or retail, without possession of said permit, which shall be prominently displayed at the sale location, shall be a violation of this section. Each day for which any violation of this section continues shall be deemed as a separate offense and punished accordingly.
(Ord. 2021-33, passed 9-27-2021) Penalty, see § 94.99
(A) It shall be unlawful for any person, firm, corporation, or other business entity, or individuals to use or discharge fireworks with the city, except on the dates of June 30 through July 6 between the hours of 9:00 a.m. and 10:00 p.m., except July 3 and 4 until the hour of 11:00 p.m., and at no other time unless authorized herein. Fireworks which are permitted for discharge include those that are permitted by A.C. §§ 20-22-701 et seq. and other applicable state or federal laws.
(B) It shall be unlawful for any person to use or discharge fireworks within the city except on the person’s own property or with consent of the property owner, and except while under competent or appropriate supervision.
(C) Pursuant to the State Fire Prevention Code (as amended and updated) and under applicable state law including A.C. §§ 20-22-701 et seq., public displays, as defined and set forth in the state law, shall be permitted only as set forth herein. ORGANIZED PRIVATE DISPLAYS, which, for the purposes of this chapter, are defined to be organized or spontaneous private fireworks displays that are of a size and nature in excess of the typical discharge or use of fireworks for personal, single family, or small gathering displays, and which may, in the sole discretion of the Mayor or the Mayor’s designee, be of a sufficient size and nature that the public health, safety, and welfare requires that such displays be regulated as public displays, shall also be permitted as set forth herein.
(1) Such public displays (or organized private displays deemed to be public displays) shall only be permitted if written notification of the public display is sent to the Mayor, or the Mayor’s designee, at least one week prior to the public display, and such public display receives the approval of the Mayor, or the Mayor’s designee, upon review by the appropriate law enforcement and public safety authorities.
(2) Such public displays of fireworks must conform with applicable state and federal requirements, and, when necessary, must have a validly-issued permit. It shall be the duty of any person who wishes to have a public display (or an organized private display) to be apprised of these regulations and to be in communication with the Mayor, or the Mayor’s designee, with regard to any requirements, or potential requirements, herein.
(D) The Mayor, or the Mayor’s designee, shall be authorized to declare an emergency and prohibit all use of fireworks upon a determination that such use would create a fire hazard in dry weather conditions.
(Ord. 2021-33, passed 9-27-2021) Penalty, see § 94.99
Whoever violates any provision of this chapter shall be guilty of a misdemeanor violation of city ordinances and may be punished by a fine not to exceed $500, or double this sum for each repetition of such offense or violation, in addition to all other court costs and fees.
(Ord. 2021-33, passed 9-27-2021)