(a) Unlawful Acts. It shall unlawful for a person within the corporate limits of the City of Mannington to manufacture, wholesale, distribute, import, sell or store for the purpose of resale, consumer fireworks, sparkling devices, or toy caps without a license, registration, certificate or permit from the State Fire Marshal and a valid business license issued by the City of Mannington in accordance with the City Code of the City of Mannington.
(b) Definitions. As used in this section all terms, including but not limited to "consumer fireworks", "firework or fireworks", "model rocket", "new explosive", "novelties", "person", "sparkling devices", "special effect", and "toy caps" shall have the meanings ascribed to them in West Virginia Code §29-3E-2 Definitions.
(c) Governing Conduct. The following conduct shall govern the use, ignition and discharge of consumer fireworks and sparkling devices in the corporate limits of the City of Mannington:
(1) A person may not intentionally use, ignite, discharge or use consumer fireworks on public or private property without the express permission of the owner of such property to do so.
(2) A person may not intentionally use, ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle, boat or building.
(3) A person may not intentionally use, ignite or discharge any consumer fireworks or sparkling devices into or at a boat, motor vehicle or building, or at any person or group of people.
(4) A person may not intentionally use, ignite or discharge any consumer fireworks or sparking devices while the person:
A. Is under the influence of alcohol;
B. Is under the influence of any controlled substance;
C. Is under the influence of any other drug;
D. Is under the combined influence of alcohol and any controlled substance or any other drug;
(5) A person who is less than eighteen years of age or younger shall only use, ignite or discharge consumer fireworks or sparkling devices under the direct supervision of his or her parent, guardian or other adult person having the care and custody of the minor.
(6) All persons who use, ignite or discharge consumer fireworks or sparkling devices shall be responsible for the removal of all debris accumulated within twenty-four hours of such use and be financially responsible for all cleanup costs and damages due to the ignition, discharge or use of such fireworks;
(7) All persons who use, ignite or discharge consumer fireworks or sparkling devices shall be responsible for all fire suppression costs and expenses incurred by the City of Mannington related to the use of such fireworks; and
(8) All persons who use, ignite or discharge consumer frreworks or sparkling devices shall abide by all legal requirements concerning such fireworks use, including the provisions of West Virginia Code 29-3E-l et seq., and Title 103 Legislative Rule West Virginia Fire Marshall Series 4 Regulation of Fireworks.
(9) No person shall use, ignite or discharge consumer frreworks or sparkling devices within proximity to any building or structure as follows: fifty feet for ground based fireworks and 100 yards for aerial fireworks.
(10) No person shall use, ignite or discharge consumer frreworks within the corporate limits of the City of Mannington except as follows: (i) Between the hours of 10 a.m. and 10 p.m. on the third day of July through the fifth day of July; and (ii) between 10:00 a.m., on December 31, and 12:30 a.m. on January 1 (New Year's Eve).
(11) All persons who use, ignite or discharge consumer fireworks shall ensure that such consumer fireworks are not propelled 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, lumber yard, bulk mulch, propane or chemical storage area.
(12) No person shall use, ignite or discharge consumer fireworks or sparkling devices during periods of very high or extreme fire danger as determined by the City of Mannington Fire Department or the West Virginia Division of Forestry or while wind conditions are such that proper fireworks control cannot be exercised.
(d) Penalty. On or after the effective date of the provisions of this article, any person who ignites, discharges or uses consumer fireworks or sparkling devices in violation of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(e) Seizure. All persons charged with enforcement of this article may seize, take or remove all consumer fireworks and sparkling devices intended to be used or used in violation of this Ordinance, and upon order of the Municipal Court for the City of Mannington, the consumer fireworks so seized shall be disposed of at public auction or destroyed at the expense of the person from whom the same were seized.
(f) Enforcement. See WVC Section 29-3E-13(b). The City of Mannington Police Officers, and Fire Department Personnel shall have the authority to enforce the provisions of this article.
Whenever reasonable grounds exist to believe that a violation of this article has occurred, all officers vested with the authority its enforcement, may forthwith summon, by the issuance of a citation, any person charged with a violation of same to appear before the Judge of the Municipal Court for the City of Mannington and to answer said charge on or before a date therein stated.
(Ord. 453. Passed 8-17-20.)