It shall be unlawful for any person, firm, partnership or corporation to sell, possess, expose for sale, ignite, discharge, detonate or otherwise use fireworks within the Town:
(a) Without having complied with all of the provisions of West Virginia Code Chapter 29, Article 3E and such rules and regulations as may have been promulgated by the State Fire Marshall's Office in accordance with said statute.
(b) While under the influence of alcohol, beer, controlled substances (as defined by the State of West Virginia) or any combination thereof;
(c) While Under the age of eighteen (18), unless under the direct supervision of an adult person responsible for the care and custody of that person;
(d) When in a motor vehicle;
(e) In such a manner that would permit the fireworks to travel through, come into contact with, discharge, or explode on any public street, highway, or sidewalk, or in or on any building, or near any person, or within five hundred (500) feet of any location which would create a risk of danger such as gas stations, hay storage, straw storage, etc.
(f) When it is determined that there is a very high or extreme risk of fire danger as determined by the Fayetteville Fire Department, the West Virginia Division of Forestry, or any time when the wind conditions would prevent the appropriate control of the fireworks;
(g) Between the hours of 10:00 p.m. and 11:00 a.m. during week days and between the hours of 11:00 p.m. and 10:00 a.m. during the weekend (Friday and Saturday nights), except it shall be permissible to do so from December 31 to January 1, until 1:00 a.m.;
(h) On a date other than Memorial Day, Independence Day, Labor Day, New Year's Eve and Day or two (2) days on or before those holidays.
(Ord. 2017-4. Passed 9-7-17.)