Township of Holland, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Holland 11-15-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 83.
The sale, exposure for sale, use, distribution or possession of fireworks in the Township of Holland, in the County of Hunterdon, except as hereinafter provided, is hereby declared to be against the public health, safety and welfare of the people of the Township.
As used in this chapter, the following terms shall have the meanings indicated:
FIREWORKS
Includes each and all of the fireworks and other types of explosive or incendiary items set forth as unlawful for sale, use or possession in § 85-3 hereof.
[Amended 12-20-1976; 9-5-1989 by Ord. No. 1989-9]
It shall be unlawful for any person to offer for sale, expose for sale, sell, possess or use or explode or propel any blank cartridge, firecrackers, torpedoes, skyrockets, Roman candles, bombs, sparklers or other fireworks of like construction, or any fireworks containing any explosive or inflammable compound, or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound containing any of the same or other explosive, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, other than aviation and railroad signal light flares; except that it shall be lawful for any person to offer for sale, expose for sale, sell, possess or use or explode any toy pistol, toy gun or other device in which paper or plastic caps containing 0.25 grain or less of explosive compound per cap are used, provided that they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy-pistol paper or plastic caps which contain less than 0.20 grain of explosive mixture per cap, and as provided in the following section.
[Amended 10-16-1984]
A. 
Notwithstanding any of the provisions of this section to the contrary, the Township Committee may, upon application in writing and the posting of a suitable bond, grant a permit for the public display of fireworks by municipalities, religious, fraternal or civic organizations, fair associations, amusement parks or other organizations or groups of individuals approved by the Township Committee to whom application is made. The Township Committee is authorized by resolution to grant such permission when the display is to be handled by a competent licensed operator, to be approved by the Township Chief of Police and Chief of the Township of Holland Volunteer Fire Company. The display shall be of such character and so located, discharged and fired as to assure no hazard to persons or property. No permit granted hereunder shall be transferable, nor shall any such permit be extended beyond the dates set out therein. The sale, possession, use and distribution of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for that purpose only.
[Amended 9-5-1989 by Ord. No. 1989-9]
B. 
Unfired fireworks and trash that remain after the display is concluded shall be immediately disposed of in a safe manner and as further designated in the permit.
[Amended 10-16-1984]
A. 
All such applications for permits shall be made at least 30 days in advance of the display. Such applications shall:
(1) 
Set forth the date, hours and place of making the display.
(2) 
Include a drawing or diagram showing the proposed area of fireworks ignition, the proposed spectator areas, areas over which fireworks are to explode and place of storing fireworks prior to the display. (Approximate dimensions of such areas and distances between areas, as well as distances to surrounding or nearby properties and structures, shall be indicated.)
(3) 
State the name of the person making the display, the name of the person in charge of igniting, firing, setting off, exploding or causing to be exploded such fireworks and describe his licensing and credentials.
B. 
The location of the storage place, display area and spectator area shall be subject to the approval of the Chief of Police. With such application, there shall be submitted an application fee as established in Chapter 83, Fees.
[Amended 9-5-1989 by Ord. No. 1989-9[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Township Committee shall require surety which may be cash, government bonds, personal bond or other form of insurance in a sum of not less than $2,500, conditioned for the payment of all damages which may be caused either to a person or persons or to property by reason of the display as aforesaid licensed and arising from any acts of the licensee, his agents, employees or subcontractors. Such surety shall run to the Township of Holland and shall be for the use and benefit of any person or the owner of any property so damaged, who is authorized to maintain an action thereon, or his heirs, executors, administrators, successors or assigns.
[Amended 9-5-1989 by Ord. No. 1989-9]
Duplicate copies of the application and the permit granted shall be forwarded to the Bureau of Explosives of the New Jersey Department of Labor by the Township Committee granting such permit, and such copies shall be kept on file in the Department subject to public inspection.
Nothing in this section shall be construed to interfere with the provisions of N.J.S.A. 21:2-1 et seq. where the provisions thereof are not inconsistent with the provisions of this section, nor shall anything in this section be construed to prohibit any manufacturer, wholesaler, dealer or jobber from selling at wholesale such fireworks to municipalities, religious, fraternal or civic organizations, fair associations, amusement parks or other organizations or groups of individuals authorized to possess and use fireworks under this section; the sale of any kind of fireworks, provided that the same are to be shipped directly out of the state; or the sale or use of blank cartridges for a show or theater, or for use by the militia, or construed to prohibit the manufacture or sale of aviation and railroad light flares.
[Amended 9-5-1989 by Ord. No. 1989-9]
A. 
The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, either by imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days or by a fine not exceeding $1,000, or both. The court before which any person is convicted of violating this chapter shall have power to impose any fine or term of imprisonment not exceeding the maximum fixed in this chapter.
B. 
Any person convicted of the violation of this chapter may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the county jail or place of detention provided by the municipality for any term not exceeding 90 days.