A. Definition: For purposes of this section, "fireworks" includes any item which may be sold or offered for sale under federal law as contained within 15 United States Code section 1261; 21 United States Code section 371; and 16 CFR, commercial practices, part 1507 and/or any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation including, without limitation, the following articles and devices commonly known and used as fireworks:
1. Toy cannons or toy canes in which explosives are used;
2. Blank cartridges;
3. Firecrackers;
4. Bottle rockets;
5. Squibs or other crackers;
6. Torpedoes;
7. Skyrockets; and
8. Roman candles.
B. Prohibitions:
1. Discharge; Detonation: Unless otherwise authorized by the Town Council, the discharge or detonation of any fireworks at any time within the limits of the Town is strictly prohibited.
2. Minors: Individuals under the age of majority shall not sell, buy, detonate or discharge any approved fireworks, unless they are accompanied by an adult.
3. Penalty: Violations of this subsection B shall, upon conviction, be punished pursuant to subsection 1-4-1A2 of this Code. The detonation or discharge of each firework may constitute a separate violation.
C. Exceptions:
1. Power To Ban: The Town Council, Chief of Police, and/or Fire Chief, at their discretion, may put a ban on the discharge of fireworks at any time, including the type and/or the approved period by resolution or proclamation. Any ban of the sale or discharge of fireworks in or adjacent to the Town by an authorized State, Federal or County official shall constitute a ban within the Town. (Ord. 2016-09, 9-15-2016)
2. Discharge; Detonation Allowed: The detonation or discharge of fireworks within the Town shall be allowed each year as follows:
a. From nine o'clock (9:00) A.M. until twelve o'clock (12:00) midnight on July 4. (Ord. 2018-07, 8-16-2018)
b. From nine o'clock (9:00) A.M. until twelve o'clock (12:00) midnight on the day of the official Town July 24 holiday celebration.
c. From five o'clock (5:00) P.M. on December 31 until two o'clock (2:00) A.M. on January 1.
3. Public Display: The Mayor or Town Council may authorize the public display of fireworks by properly qualified individuals; provided, that such display or displays shall be of such character and so located, discharged or fired, as in the opinion of the Fire Chief, they shall not be hazardous to surrounding property or endanger any person or persons.
D. Licensing:
1. Transient Merchant: Any transient merchant desiring to sell fireworks must also comply with title 3, chapter 4 of this Code.
2. Inspection; Approval Required: Prior to the issuance of a business license, the Fire Chief must inspect and approve sales and storage areas. Said approval must be in writing and delivered to the Town Clerk prior to the issuance of a business license.
E. Removal: The Fire Chief may, at his own discretion, remove or have removed, at the owner's expense, all stocks of fireworks, or other combustibles exposed for sale or held in stock, in violation of this section. (Ord. 2016-09, 9-15-2016)