(A) Except as otherwise provided in this section, it shall be unlawful for any person or entity to sell, possess, use ignite or explode any firecracker, torpedo, sky rocket, sparkler, glow worm or other substance or device that contains any explosive or flammable compound or substance, and is intended or commonly known as fireworks and which explodes, rises into the air or travels laterally, fires projectiles or discharges sparks into the air, including those items excepted from the provisions of G.S. § 14-414.
(B) The provisions of this section shall be applicable only upon Hatteras Island and shall not be applicable to any organization or group of individuals which has been granted a permit by the Dare County Board of Commissioners for the public or private display of fireworks or pyrotechnics, provided that such fireworks are stored, handled, transported and used in compliance with the terms and conditions of such permit.
(C) Any person requesting a permit from the Dare County Board of Commissioners as described in division (B) above shall submit a written application to the County Manager or his designee at least 30 days prior to the date of the requested activity. Such application shall contain at a minimum the following information:
(1) A letter or original certificate from the insurance company of the person applying for the fireworks display permit certifying that liability insurance in a minimum of $1,000,000 is in force at the time and date of the fireworks display and will cover damage to persons and/or property at and in the vicinity of the area of the fireworks display.
(2) A diagram of the area showing where the display discharge area will be and its relationship and distance to the nearest structures, power or telephone lines and highways. Such diagram shall also include the specific location of the fireworks to be discharged.
(3) The name of the organization sponsoring the display, if any, together with the names of the persons actually in charge of the display.
(4) The manner and place of storage of such fireworks prior to the fireworks display.
(5) The specific number and types of fireworks to be discharged.
(6) The date and time of day at which the display is to be held.
(7) A statement of the name, ages, experience, addresses and home and business telephone numbers of all persons who are to participate in the actual discharge of the fireworks.
(D) Upon receipt of an application in proper form, the county shall request the Fire Department in the area where the display is requested to make an inspection of the proposed site to ensure that all provisions of this section are met.
(E) All persons involved in discharging such fireworks shall be at least 21 years of age and licensed or approved in accordance with applicable statutes, rules and regulations. Any person assisting with the handling or discharge of the fireworks, but not directly involved in the discharge of fireworks, shall be at least 18 years of age.
(F) If the Fire Department is required to provide a stand-by vehicle or other service, the applicant shall pay the cost of such service. Payment for such service shall be made no later than 10 days prior to the date of the scheduled display.
(G) The Fire Chief of the Fire Department in the area where the display is intended or his/her authorized designee is authorized to cancel the display if the requirements of this section are not met by the applicant, weather conditions are not favorable or in the event of other circumstances which the Fire Chief or his/her designee deems to create a hazard for the public.
(H) County may charge a permit fee pursuant to the schedule of fees adopted by the Dare County Board of Commissioners. Any permit fees paid for a fireworks display are nonrefundable.
(I) Nothing in this chapter shall prevent the sale, possession, transportation or use of shells or cartridges used as ammunition for firearms in an otherwise legal manner or signal flares used in the event of an emergency.
(J) Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor and shall be fined $250.
(Ord. passed 3-19-07)