[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:
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.
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.
