(A) Except as hereinafter provided, no person, firm, copartnership or corporation shall offer for sale, possess, expose for sale, sell at retail, keep with intent to sell at retail or use or explode any fireworks; provided, permits for the supervised display of fireworks may be granted upon application to the state’s Fire Marshal and after approval of the Police Chief and Fire Chief and the filing of a bond by the applicant as provided hereinafter. Every such display shall be handled by a competent operator licensed or certified as to competency by the state’s Fire Marshal and shall be of such composition, character and so located, discharged or fired as, in the opinion of the Fire Chief, after proper inspection, and of the Police Chief shall not be hazardous to property or endanger any person or persons. After such privilege shall have been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(B) The Mayor shall require a bond from the licensee in a sum not less than $1,000, conditioned on compliance with the provisions of this section and W. Va. Code § 15A-11-3 and the regulations of the state’s Fire Commission; provided, that the municipality shall not be required to file such bond.
(C) Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefor shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation, or any agent or employee thereof, in such amount, character and form as the state’s Fire Marshal determines to be necessary for the protection of the public.
(Ord. 9-135, passed 10-11-2022) Penalty, see § 93.99