(A) Unlawful and permissible fireworks. It shall be unlawful for persons to possess, sell, offer for sale, store, transport or use, within the town any fireworks other than the permissible fireworks herein enumerated. The permissible fireworks consist of ICC Class C. “Common Fireworks” only, in the regulations of the Interstate Commerce Commission for the transportation of explosives and other dangerous articles, and shall include the following:
(1) Roman candles whose total pyrotechnic composition shall not exceed 20 grams each in weight;
(2) Bottle type rockets whose pyrotechnic composition shall not exceed 20 grams each in weight;
(3) Cylindrical fountains whose total pyrotechnic composition shall not exceed 75 grams each in weight and whose inside diameter shall not exceed 3/4 inches;
(4) Cone fountains whose total pyrotechnic composition shall not exceed 50 grams each in weight;
(5) Wheels whose total pyrotechnic composition shall not exceed 60 grams in weight, for each driver unit, but there may be any number of drivers on only 1 wheel and the inside bore of driver tubes shall not be over 1/2 inch;
(6) Illumination torches and colored fire in any form whose total pyrotechnic composition shall not exceed 100 grams each in weight.
(1982 Code, Ch. 4, Art. III, § 1-1)
(B) Exclusion of toy caps. The term “fireworks” shall not include toy paper pistol caps which contain less than twenty-five hundredth grains of explosive compounds, toy pistols, toy canes, toy guns of other devices using paper caps and the sale and use of these items shall be permitted at all times.
(1982 Code, Ch. 4, Art. III, § 1-2)
(C) Exception to this chapter. Nothing in this chapter shall apply:
(1) To the shipping, sale, possession and use of fireworks for public displays; and such items of fireworks which are to be used for public displays only and which are otherwise prohibited for sale and use within the state shall include display shells designed to be fired mortars, and display set pieces for fireworks classified by the regulations of the Interstate Commerce Commission as “Class B Special Fireworks” and shall not include such items of commercial fireworks as Cherry Bombs, Tubular Salutes, Repeating Bombs, Aerial Bombs and Torpedoes;
(2) To the manufacture, storage, sale or use of signals necessary for the safe operation of railroad or other public or private transportation;
(3) To illuminating devices for photographic use;
(4) To a military or naval forces of the State or United States;
(5) To peace officers; and
(6) To the sale or use of blank cartridges for ceremonial, theatrical or athletic events nor as applied to the transportation or use of fireworks solely for agricultural purposes.
(1982 Code, Ch. 4, Art. III, § 1-3)