(a) The terms used in this section, including "fireworks," "consumer fireworks" and "display fireworks," shall have such meaning as defined in West Virginia Code Section 29-3E-2. Fireworks include consumer fireworks, display fireworks and special effects. Fireworks do not include sparkling devices, novelties, toy caps or model rockets. Any reference to the use of any fireworks in this section includes the ignition, discharge, firing, and other use of such fireworks.
(b) Fireworks -- A person using fireworks:
(1) shall not do so while that person is under the influence of alcoholic liquor or controlled substance or a combination of both;
(2) shall be eighteen years of age or older or shall be under the direct supervision of his or her parent, guardian or other adult person having the care and custody of the minor;
(3) shall be responsible for the removal of all debris accumulated within twenty-four hours of such fireworks use and be financially responsible for all cleanup costs and damages due to the use of such fireworks;
(4) shall be responsible for all costs and expenses associated with emergency response efforts, including but not limited to fire suppression efforts, related to such fireworks; and
(5) shall abide by all legal requirements concerning such fireworks use.
(c) Consumer Fireworks -- A person using consumer fireworks:
(1) shall not do so within 100 feet of any building or structure;
(2) shall not do so except between 10 a.m. and 10 p.m. on Memorial Day, Independence Day, Labor Day or corresponding holiday weekends or between 10 a.m. on December 31 and 12:30 a.m. on January 1;
(3) shall not do so from any motor vehicle or boat;
(4) shall ensure that such consumer fireworks do not travel 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 or chemical storage area;
(5) shall not do so during periods of very high or extreme fire danger as determined by the South Charleston Fire Department or the West Virginia Division of Forestry or while wind conditions are such that proper fireworks control cannot be exercised; and
(6) shall do so in accordance with the fireworks manufacturer's printed instructions.
(d) Display Fireworks -- Display fireworks shall be used by a competent operator licensed or certified as to competency by the State Fire Marshal and shall be of such composition and character and so located and used so as to be safe in the opinion of the Fire Chief and Police Chief. The use of display fireworks is conditioned on compliance with the provisions of this section, West Virginia Code Article 29-3E and the regulations of the State Fire Marshal. The operator shall provide proof of insurance coverage to the Mayor in the amount of $1 million or more and of a character and form as the Mayor determines to be necessary for the protection of the public, with the City being a named insured to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the operator or an employee thereof. After such privilege shall have been granted, the sale, possession, use and distribution of display fireworks shall be lawful for that purpose only. No privilege granted hereunder shall be transferable.
(e) No person or entity may manufacture, wholesale, distribute, import, sell or store for the purpose of resale, fireworks, sparkling devices, novelties or toy caps without a license, registration, certificate or permit from the State Fire Marshal and the City of South Charleston.
(f) The sale of fireworks shall be under the direct supervision and control of a competent person at least twenty-one years of age and duly qualified and responsible for the enforcement of all safety measures. Smoking, matches and open flames shall not be permitted within fifty feet of fireworks being sold. Signs shall be posted in conspicuous places in, on and around all fireworks being displayed for sale with the words "FIREWORKS -- NO SMOKING" in letters of not less than four inches in height. Fire extinguishing equipment shall be kept and maintained upon the sale premises and shall include, but not be limited to, a ten-pound A.B.C. fire extinguisher. All electrical fixtures contained upon the sale premises shall be dust-ignition proof. No fewer than two unobstructed exits shall be maintained upon the fireworks sale premises at all times. No fireworks shall be offered for sale within 300 feet of the property line of any church, hospital or school, or within fifty feet of the property line of any lot upon which any flammable liquid dispensers or flammable liquid storage areas are located. Any outdoor fireworks sales shall be located not less than twenty-five feet from any building, structure and all rights of way including, but not limited to, highways, streets, alleys, and sidewalks. Fireworks shall not be sold to any person under the age of eighteen years.
(g) Fireworks shall be stored in a manner to be fire-resistant from any external or internal source, weather-resistant and theft-resistant. Fireworks storage shall be under the direct supervision and control of a competent person at least eighteen years of age. Consumer fireworks shall be stored in accordance with the manufacturer's printed instructions.
(h) The City of South Charleston may seize, take, remove and dispose of at public auction or destroy, or cause to be seized, taken or removed and disposed of at public auction, or destroyed at the expense of the owner, all fireworks or combustibles offered for sale, stored or held in violation of this section, West Virginia Code Article 29-3E or an emergency or legislative rule promulgated thereunder.
(i) The provisions of this section shall be enforced by the Fire Chief, Police Chief or their designees.
(j) Whoever violates any of the provisions of this section shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both. Each violation of the provisions of this section shall constitute a separate offense.
(Ord. 2233. Passed 8-18-16.)