(a) The terms used in this Article shall have the same meaning as defined in West Virginia Code Section 29-3E-2.
(b) The sale, storage, use, possession, or discharge of fireworks within the City of Dunbar shall be subject to, and conducted in a manner consistent with, applicable state law.
(c) Consumer Fireworks sales within the City of Dunbar shall only be in a manner consistent with applicable state law and West Virginia Fire Marshal Title 103 Legislative Rule, Series 4 - Regulation of fireworks and Related Explosive Materials.
(d) A person using consumer fireworks within the City of Dunbar:
(1) Shall not do so within 100 feet of any building or structure;
(2) Shall not do so except Independence Day, Labor Day and between 6:00 p.m. and 12:00 p.m. on the holiday weekends corresponding to those holidays, or between 1:00 p.m. on December 31 and 1:00 a.m. on January 1;
(3) Shall not do so from any motor vehicle or boat;
(4) Shall ensure that such consumer fireworks do not travel through, come in contact with or discharge or explode onto any public street, highway or sidewalk, in or upon any building, at or near any person or within 500 feet of any location posing a special fire danger, such as a gas station or chemical storage area;
(5) Shall not do so during periods of very high or extreme fire danger as determined by the Dunbar Fire Department or the West Virginia Division of Forestry, or while wind conditions are such that proper fireworks control cannot be exercised; and
(6) Shall do so in accordance with the fireworks manufacturer’s printed instructions.
The penalty for violation of this section shall not exceed $100 for the first offense and shall not exceed $500 for each subsequent offense. All violations within a single 24-hour period shall be considered a single offense. The provisions of this section shall be enforced by the Fire Chief, Police Chief or their designees.
(Ord. 748. Passed 2-6-17.)