(A) Pyrotechnics defined; exceptions. The term PYROTECHNICS whenever used in this subchapter shall be deemed to include any and all kinds of fireworks and explosives which are used for exhibitions or amusement purposes; provided, however, that nothing contained in this section shall prevent the manufacture, purchase, sale, transportation, and use of explosives or signaling flares used in the course of ordinary business or industry, or shells or cartridges used as ammunition in firearms. This section shall not apply to the sale, use, or possession of the following:
(1) Explosive caps designed to be fired in toy cap pistols, provided that the explosive mixture of such explosive caps shall not exceed 0.25 of a gram for each cap.
(2) Snake devices consisting of a tube or sphere containing a pyrotechnic mixture that produces white or colored smoke.
(3) Smoke devices consisting of a tube or sphere containing a pyrotechnic mixture that produces white or colored smoke.
(4) Trick noisemakers which produce a small report designed to surprise the user and which include:
(a) A party popper, which is a small plastic or paper item containing not in excess of 16 milligrams of explosive mixture. A string protruding from the device is pulled to ignite the device, expelling paper streamers and producing a small report.
(b) A string popper, which is a small tube containing not in excess of 16 milligrams of explosive mixture with string protruding from both ends. The strings are pulled to ignite the friction-sensitive mixture, producing a small report.
(c) A snapper or drop pop, which is a small, paper wrapped item containing no more than 16 milligrams of explosive mixture coated on small bits of sand. When dropped, the device produces a small report.
(5) Wire sparklers consisting of a wire or stick coated with nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition. These items must not exceed 100 grams of mixture per item.
(6) Other sparkling devices which emit showers of sparks and sometimes a whistling or crackling effect when burning, do not detonate or explode, do not spin, are hand-held or ground-based, cannot propel themselves through the air, and contain no more than 200 grams if multiple tubes are used.
(B) Possession and use of pyrotechnics. No person, without a permit therefor as provided in division (D) below, shall have in his or her possession, or cause to be fired, any pyrotechnics within the town limits. A violation of this section is punishable as a misdemeanor.
(C) Sale of pyrotechnics. No person shall sell at retail within the town any pyrotechnics, except to a person holding a permit for a pyrotechnic display issued under the provisions of division (D) below, nor shall any person sell at wholesale any pyrotechnics, to be resold in the town, except for an authorized pyrotechnic display. This section shall not be construed to prevent the sale of pyrotechnics by wholesale merchants holding a permit therefor, to any merchant whose place of business is outside the town.
(D) Permit for pyrotechnics. No person shall store, sell or use pyrotechnics without securing a permit. The Chief of the Fire Prevention Bureau of the Fire Department may, upon due application, issue a permit to a properly qualified person for giving a display of fireworks in the public parks or other places within the town. Such permit shall impose such restrictions as may be necessary to properly safeguard life and property.
(Ord. passed 10-13-08; Am. Ord. passed 4-11-22) Penalty, see §
10.99
Cross-reference:
Manufacture, sale and use of pyrotechnics prohibited; public exhibitions permitted; common carriers not affected, see G.S. § 14-410
Pyrotechnics defined; exceptions, see G.S. § 14-414