(A) Consumer fireworks may be used within the town limits only under the provisions of this section.
(1) For purposes of this section, the term CONSUMER FIREWORK means a small firework that is designed primarily to produce visible effects by combustion, and that is 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. pt. 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. Consumer fireworks:
(a) Include:
1. Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, Roman candles, mines, and shells;
2. Ground audible devices, which include firecrackers, salutes, and chasers; and
3. Firework devices containing combinations of the effects described in divisions (A)(1)(a)1. and 2. above.
(b) Do not include the following items:
1. Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed 100 grams per item. Devices containing chlorate or perchlorate salts may not exceed 5 grams in total composition per item;
2. Cylindrical fountains;
3. Cone fountains;
4. Illuminating torches;
5. Wheels;
6. Ground spinners;
7. Flitter sparklers;
8. Snakes or glow worms;
9. Smoke devices; and
10. Trick noisemakers, which include:
a. Party poppers;
b. Booby traps;
c. Snappers;
d. Trick matches;
e. Cigarette loads; and
f. Auto burglar alarms.
(2) No person may use, ignite, or discharge consumer fireworks within the town limits except during the following times:
(a) Between the hours of 5:00 p.m. and 11:23 p.m. on June 29, 30, July 1, 2, 3, 5, 6, 7, 8, and 9;
(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(c) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(3) No person may use, ignite, or discharge consumer fireworks on any public street or in any public park within the town limits at any time.
(B) Any person wishing to give a supervised public display of fireworks may do so by first procuring a license from the town and filing bond in the sum of $50,000, conditioned on the payment of all damages which may be caused either to a person or property by reason of the licensed display or arising from any acts of the licensee, his or her agents, employees, or subcontractors. The license fee shall be as set forth in the Fee Schedule, Chapter 98, for each day of the public display.
(C) Any public display of fireworks shall be conducted in all things in accordance with the rules and regulations adopted and set out by the State Fire Marshal, and as the same are restricted or designated by the Acts of the General Assembly of the state. All definitions contained in those Acts shall apply to the terms of this section.
(Ord. 1226, passed 6-22-2010)