545.04  FIREWORKS; SALE, POSSESSION, STORAGE AND DISCHARGE.
   (a)    Generally.
      (1)    The terms used in this Article, including "fireworks" and "consumer fireworks" shall have the same meaning as defined in West Virginia Code Section 29-3E-2. The term fireworks or consumer fireworks shall not include sparkling devices, novelties, toy caps, or model rockets.
      (2)    The sale, storage, use, possession, ignition, detonation and/or discharge of fireworks within the City of St. Albans, shall be subject to, and conducted in a manner consistent with, applicable state law.
   (b)    Consumer Fireworks; Regulations, Prohibited Actions, and Exceptions.
      (1)    Any person igniting, discharging, detonating or otherwise using (hereinafter, collectively "use" or "using") consumer fireworks within the City of St. Albans, shall:
         A.   Not be under the influence of intoxicating liquor, non-intoxicating beer, any controlled substance, or any combination thereof; and
         B.   Be eighteen years of age or older or shall be under the direct supervision of his or her parent, guardian, or other adult person responsible for the care and custody of the minor; and
         C.   Be responsible for the prompt removal of all debris resulting from the use of  fireworks and such completed removal shall not exceed 24 hours after use; and
         D.   Be financially responsible for cleanup costs and/or damages resulting from the use of fireworks; and
         E.   Be responsible for all costs associated with fire suppression efforts related to the use of fireworks; and
         F.   Not use fireworks within 100 feet of any building or structure unless permission of the owner of the building or structure has been obtained; and
         G.   Not use fireworks from any motor vehicle or boat; and
         H.   Store fireworks in a safe, secure and responsible manner, and separate from any possible ignition source; and
         I.   Shall not use fireworks in a manner that fireworks travel through, come in contact with, discharge, or explode on any public street, highway, or sidewalk, or in or on any building, or near any person, or within 500 feet of any location posing a special fire danger, such as a gas station, chemical storage area or other similar location; and
         J.   Not use fireworks during periods of very high or extreme fire danger as  determined by the St. Albans Fire Department or the West Virginia Division of Forestry, or while wind conditions are such that proper fireworks control cannot be exercised; and
         K.   Not be permitted to use fireworks, except between the hours of 11:00 a.m. and  11:00 p.m., on Memorial Day, Independence Day and Labor Day, or between 11:00 am on December 31 and 1:00 am on January 1; provided, however, that a person may request permission from the Chief of Police to use fireworks for a special event or occasion at other days or times not regularly permitted herein, and the Chief of Police shall have reasonable discretion, on a case by case basis and after consultation with the Chief of the Fire Department, to approve such a request.
      (2)    This section, and the prohibitions contained herein related to the use of consumer fireworks, is not intended to prohibit use of Display Fireworks within the City at any day or time so long as the use is sponsored or approved by the City.
   (c)   Enforcement.
      (1)    The City of St. Albans may seize, take, remove, dispose of at public auction, or destroy, or cause to be seized, taken, removed, disposed of at public auction, or destroyed, at the expense of the owner, all stocks of fireworks offered for sale, stored, held or used in violation of this section, West Virginia Code, or any emergency or legislative rule promulgated thereunder.
      (2)    The provisions of this Article shall be enforced by the Chief of Police, or his/her designee,
      (3)    Any person convicted of a violation of the provisions of this Article shall be fined not more than five hundred dollars ($500.00). Each violation of the provisions of this Article shall constitute a separate offense.
         (Ord. 2017-02.  Passed 1-17-17.)