(a) Definitions: As used in this section, the following terms shall be defined as follows:
(1) "APA Standard 87-1" means the APA Standard 87-1 published by the American Pyrotechnics Association, as amended, and incorporated by reference into Title 49 of the Code of Federal Regulations;
(2) "Consumer fireworks" means small fireworks devices that are designed to produce visible effects by combustion that are required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. Parts 1500 and 1507 (2014), and that are listed in APA Standard 87-1. Consumer fireworks do not include sparkling devices, novelties, toy caps or model rockets;
(3) "Firework" or "fireworks" means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. Fireworks include consumer fireworks, display fireworks and special effects. Fireworks does not include sparkling devices, novelties, toy caps or model rockets;
(4) "Minor" means an individual who is less than 18 years of age;
(5) "Sparkling devices" means "ground or handheld sparkling devices" as that phrase is defined under APA 87-1, sections 3.1.1 and 3.5;
(b) Ignition. Discharge. and Use of Consumer Fireworks. A person shall not ignite, discharge, or use consumer fireworks within the Charles Town City limits.
(c) Exemptions. Exemption requests to subsection (b) shall be submitted in writing to the City Council; the City Council will render its decision after appropriate consultation with the Fire and Police Chiefs.
(d) Manufacture, Transportation. Distribution, or Sale of Consumer Fireworks. Pursuant to West Virginia Code 529-3E, it is unlawful for a person to manufacture, wholesale, distribute, import, sell or store for the purpose of resale, consumer fireworks, sparkling devices, novelties or toy caps without a license, registration, certificate or permit from the State Fire Marshal.
(e) Responsibility. Any damage to property or persons resulting from the ignition, discharge, or use of consumer fireworks, whether or not intentional, is the responsibility of the person igniting, discharging, or using the consumer firework(s) that is determined by competent
authority to have caused the damage.
(f) Violations of this article.
(1) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building.
(2) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices into or at a motor vehicle or building, or at any person or group of people.
(3) A person may not intentionally ignite or discharge any consumer fireworks or sparkling device while the person:
A. Is under the influence of alcohol;
B. Is under the influence of any controlled substance;
C. Is under the influence of any other drug; or
D. Is under the combined influence of alcohol and any controlled substance or any other drug.
(4) A person who is less than eighteen years of age may not possess consumer fireworks.
(g) Determination of Violation; Seizure. If a police officer determines that a violation of this section has occurred, then the officer may seize the consumer fireworks as evidence of the violation.
(h) Penalty.
(1) A person in violation of this section is subject to a fine up to $500.00, plus the costs of prosecution.
(2) Following final disposition of a finding of responsibility for a violation of this section, the city may dispose of or destroy any consumer fireworks retained as evidence in that prosecution.
(3) In addition to any other penalty, a person that is found responsible for a violation of this section is subject to reimbursing the city for the costs of storing, disposing of, or destroying consumer fireworks that were confiscated for a violation of this section.
(i) Severability. The provisions of this section shall be liberally construed to accomplish its objective and purposes. If any provision of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not otherwise affect or invalidate the other provisions hereto, all of which are hereby declared, and shall be construed, to be separate and severable.
(Ord. 2022-008. Passed 11-7-22.)