(a) “Consumer Fireworks” means small fireworks devices that are designed to produce visible effects by combustion that are 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. Parts 1500 and 1507 (2015), and that are listed in APA Standard 87-1. Consumer fireworks do not include sparkling devices, novelties, toy caps or model rockets, which have been legal in West Virginia since 2006.
Consumer products that were considered legal to purchase and use in West Virginia since June 1, 20196, include:
(1) Sky Rockets and Bottle Rockets
(2) Missile-Type Rockets
(3) Helicopter and Aerial Spinners
(4) Roman Candles
(5) Multi-Aerial Mine and Shell Devices
(6) Aerial Shell Kits
(7) Reloadables
(8) Firecrackers
You must be eighteen years old to purchase consumer fireworks in West Virginia and in Westover and have a valid I.D.
Prohibited Conduct will include:
• A person may not intentionally ignite, discharge or use consumer fireworks on public or private property without the express permission of the owner to do so.
• A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building.
• A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices into or at a motor vehicle or building, or at any person or group of people
• A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices while the person:
Is under the influence of alcohol.
Is under the influence of any controlled substance.
Is under the influence fo any other drug;
Is under the combined influence of alcohol and any controlled substance or any other drug.
Is less than eighteen years of age any may not purchase, nor offer for sale, consumer fireworks.
Is less than sixteen years of age may not purchase, nor offer for sale, sparkler or novelty devices.
According to the American Pyrotechnics Association, safety tips include:
• Store fireworks
• Always read and follow the directions on the label
• Always have an adult present when handling fireworks
• Never give fireworks to young children, even sparklers
• Use fireworks outdoors in a safe, non-wooded area
• Have a working garden hose or bucket or water handy
• Keep everyone a safe distance away from fireworks
• Light only one firework at a time
• Never re-ignite a firework that doesn’t light the first time or one that has finished its display
• Never carry fireworks in your pocket
• Don’t throw fireworks at another person
• Keep pets indoors and away from fireworks
• Never shoot fireworks in metal or glass containers
• Keep spectators at a safe distance
• Always safety glasses when igniting fireworks
(b) Except as hereinafter provided, residents of the City of Westover who are eighteen years of age or older may purchase and enjoy the use of “consumer fireworks” within the City limits between the hours of 5:00 pm and 10:00 pm. on patriotic holidays only; July 4th, Labor Day, and Memorial Day. Residents must follow the above mentioned regulations for “consumer fireworks”.
(c) Except as hereinafter provided, no person, firm, co-partnership or corporation shall offer for sale, posses/expose for sale, sell at retail, or keep with intent to sell at retail “Consumer Fireworks” without first applying for a City license and presenting a business license from the State and providing a copy of both to the City and paying business and occupations taxes on the gross income from the sales. A “City License” will only be issued for patriotic holidays; July4th, Labor Day and Memorial Day timeframes only.
(d) Except as hereinafter provided, no person, firm, co-partnership or corporation shall possess, use or explode any pyrotechnic fireworks, provided permits for the supervised display of pyrotechnic fireworks may be granted upon application to the State Fire Marshal and after approval of the Fire Chief and Police Chief, and the filing of a bond by the applicant as provided hereinafter. Every such display shall be handled by a competent operator licensed or certified as to competency by the State Fire Marshal and shall be of such composition, character, and so located, discharged or fired as in the opinion of the Fire Chief, after proper inspection, and of the Police Chief shall not be hazardous to property or endanger any person or persons. Before any permit for a pyrotechnic display shall be issued, the person, firm or corporation making application therefore shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof, in such amount, character and form as the State Fire Marshal determines to be necessary for the protection of the public.
The Mayor and/or any Officer of the City of Westover has the right to cease and desist and/or confiscate the fireworks of anyone who is not following the rules for fireworks or who is using fireworks at a time that is not a patriotic holiday as herein mentioned.
(Ord. 470. Passed 6-17-19.)