CHAPTER 3
FIREWORKS
FIREWORKS
SECTION:
6-3-1: Enactment Of Regulations
6-3-2: Definitions
6-3-3: Dangerous Fireworks; Public Display
6-3-4: Safe And Sane Fireworks
6-3-5: Applications For Permits
6-3-6: Investigation Of Applicant
6-3-7: Grant Or Deny Permit
6-3-8: Term Of Permit; Filing
6-3-9: Liability Insurance
6-3-10: Hours Of Sale
6-3-11: Fireworks Stands; Regulation Of Sales
6-3-12: Evidence Of Source Of Fireworks
6-3-13: Removal Of Stands; Bond Or Deposit
6-3-14: Compliance With State Law
6-3-15: Violation
DANGEROUS FIREWORKS: Include any of the following:
A. Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs, mines, ground bombardment, grasshoppers and other explosive articles of similar nature.
B. Blank cartridges.
C. Skyrockets and rockets, including similar devices employing any combustible or explosive material and which rise in the air during discharge, except model rockets and model rocket engines designed, sold and used for the purpose of repelling of recoverable aero model rockets.
D. Roman candles, including all devices which discharge balls of fire into the air.
E. Chasers and whistles, including all devices which dart or travel about the surface of the ground during the discharge.
F. Snakes and hats containing bichloride of mercury.
G. Sparklers more than ten inches (10") in length or one-fourth inch (1/4") in diameter.
H. All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles, parachute shells, mines, dago bombs and similar devices.
I. All torpedoes which explode by means of friction or which contain arsenic, and all other similar fireworks devices including cracker balls.
J. Fire balloons or balloons of any type which have burning material of any kind attached thereto.
FIREWORKS: Shall include:
A. Blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, fire balloons (balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them), firecrackers, torpedoes, skyrockets, rockets, Roman candles, fountain wheels, dago bombs, sparklers and other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, deflagration, explosion or detonation.
B. Exempted from this subsection are all toy pistols, toy cannons, toy canes and toy guns and similar devices such as party poppers or party favors in which paper caps containing not more than twenty five hundredths (0.25) grain of explosive compound per cap are used and such caps whether single, roll or tape type.
SAFE AND SANE FIREWORKS: Include any of the following:
A. Cone fountains with pyrotechnic composition not exceeding fifty grams (50 g) each.
B. Cylindrical fountains, whether base, spike or handle, with pyrotechnic composition not exceeding seventy five grams (75 g) each and inside tube diameter not exceeding three- fourths inch (3/4").
C. Sparklers and "dipped sticks" not more than ten inches (10") in length or one-fourth inch (1/4") in diameter and Suzuki and morning glories with pyrotechnic composition not exceeding four grams (4 g) each.
D. Snakes which do not contain bichloride of mercury and pyrotechnic composition not exceeding two grams (2 g) each.
E. Wheels with pyrotechnic composition not exceeding sixty (60) grains for each driver unit or two hundred forty (240) grains for each complete wheel. The inside tube diameter of driver unit shall not exceed one-half inch (1/2").
F. Whistles, without report and which do not dart or travel about the ground during discharge with pyrotechnic composition not exceeding six grams (6 g) and containing no picric or gallic acid. (Ord. 482, 6-3-1969; amd. 1977 Code)
A. Permit Required: It shall be unlawful for any person in the city to import, export, offer for sale, sell, possess, keep or store or permit the keeping or storing of any dangerous fireworks for any use or purpose, except that a person holding a dangerous fireworks permit issued pursuant to the terms and conditions of this chapter may use dangerous fireworks for a safely supervised and conducted public display of fireworks, and said fireworks may be stored for a period of not exceeding four (4) days immediately preceding the date of said public display provided the fireworks are to be used exclusively for the public display. No permit shall be issued without the approval of the fire chief; all applicants must comply with any and all safety regulations established by the city of Rupert and/or the city's fire department.
B. Application, Fee: Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to make a public display of dangerous fireworks shall first make written application to the city clerk for a dangerous fireworks permit. Said written application shall set forth the time and place of the proposed public display and shall include descriptions of the types of fireworks to be used and the manner in which said dangerous fireworks will be stored, controlled, and ignited. Each applicant shall pay to the city clerk a fee at the time he or she files his or her application in an amount set by city council resolution. At the time and as a condition of such filing, and with each application, each applicant shall pay an additional fee to defray costs of preliminary investigations required hereunder, and to be conducted by the fire chief, which fee shall be paid per site applied for, in an amount set by resolution of the city council and shall not be refundable in any event. In the event the fire chief determines that city firefighters or other city personnel must be utilized to assure public safety, the applicant must pay, in advance, the costs associated thereto before a permit will issue. (Ord. 12-506, 6-12-2012)
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