(a) “Consumer fireworks” means small fireworks devices that are designed to produce visible effects by combustion that are required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. Parts 1500 and 1507 (2014), and that are listed in APA Standard 87-1. Consumer fireworks do not include sparking devices, novelties, toy caps or model rockets; or as shall otherwise be defined from time to time in Chapter 29, Article 3E, or elsewhere in the West Virginia Code.
(b) “Display fireworks” means large fireworks to be used solely by professional pyro- technicians licensed by the State Fire Marshal and designed primarily to produce visible or audible effects by combustion, deflagration or detonation and includes, but is not limited to, salutes containing more than two grains (one hundred thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as fireworks UN0333, UN0334, or UN0335 under 40 C.F.R. §172.101 (2014); or as shall otherwise be defined from time to time in Chapter 29, Article 3E, or elsewhere in the West Virginia Code.
(c) Sale of fireworks in the City of Moundsville shall be permitted only in compliance with Chapter 29, Article 3E, or elsewhere in the West Virginia Code.
(d) No person shall ignite, discharge, explode, or detonate any consumer fireworks in the City of Moundsville.
(e) No person shall ignite, discharge, explode, or detonate any display fireworks in the City of Moundsville, except for professional pyro-technicians licensed by the State Fire Marshal and approved by the City Manager of the City of Moundsville for officially sanctioned community fireworks displays, and after complying with all requirements in Chapter 29, Article 3E, or elsewhere in the West Virginia Code.
(f) Any person violating any section hereof shall be guilty of a misdemeanor and subject to such penalty as set forth in Section 101.99 for the general Codified Ordinances penalty.
(Passed 9-6-16.)