[HISTORY: Adopted by the Town Council of the Town of Mineral effective 1-1-1982
as §§ 8-4 to 8-6 of the 1982 Code; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. III). Subsequent
amendments noted where applicable.]
The regulations contained in this chapter are hereby adopted to provide
for the issuance of permits to fair associations, amusement parks and other
organizations and groups of individuals for the display of fireworks and to
regulate the use and display of fireworks upon the granting of permits.
For the purpose of this chapter, unless otherwise required by the context,
the following terms shall have the meanings indicated:
Any small firework device designed primarily to produce visible effects
by combustion and which must comply with the construction, chemical composition
and labeling regulations of the United States Consumer Products Safety Commission,
as set forth in Title 16, Code of Federal Regulations, Parts 1500 and 1507.
Some small devices designed to produce audible effects are included, such
as whistling devices, ground devices containing 50 milligrams or less of explosive
composition and aerial devices containing 130 milligrams or less of explosive
composition.
Any composition or device for the purpose of producing a visible
or an audible effect by combustion, deflagration or detonation and that meets
the definition of "common fireworks" or "special fireworks" as set forth in
the United States Department of Transportation (DOT) Hazardous Materials Regulations,
Title 49, Code of Federal Regulations, Parts 173.88 and 173.100.
It shall be unlawful for any person to store, possess, sell, offer to
sell, expose for sale or explode within the Town any firecrackers, torpedoes,
skyrockets, roman candles or other substance or thing, of whatever form or
construction, intended for or commonly known as "fireworks," except as provided
in this chapter.
Written application for a permit to display fireworks shall be made
to the Town Council through the Town Manager at least 60 days prior to the
event. The application will contain, at a minimum, the following information:
A.
The name and phone number of the individual, group or organization
sponsoring the outdoor fireworks display, together with the name and phone
number of the person or persons actually in charge of the firing of the display.
B.
The date and time of day at which the outdoor fireworks display
is to be held.
C.
The exact location planned for the outdoor fireworks display.
D.
Confirmation of the license of the operator and the number of
assistants that will be present.
E.
The approximate number and kinds of fireworks to be discharged.
F.
The manner and place of storage of such fireworks prior to delivery
to the outdoor fireworks display site.
G.
A diagram of the grounds on which the outdoor fireworks display
is to be held showing the point at which the fireworks are to be discharged,
the location of all buildings, highways and other lines of communication,
the lines behind which the audience will be restrained, the location of other
possible overhead obstructions and the location of fire and rescue equipment.
H.
A certificate of liability insurance in the amount of no less
than $1,000,000, with the Town of Mineral named as additional insured.
Upon approval of an application by the Town Council, a fireworks permit
will be issued by the Town Manager. The permit allows for the display of the
outdoor fireworks on the date requested and storage of such fireworks for
a period of two days prior to the event.
One copy of a permit to display fireworks shall be kept on file by the
Town Clerk until after the date the fireworks are displayed and two copies
shall be returned to the applicant, who shall keep one copy on file for 60
days after displaying such fireworks, and one copy shall be in possession
of the person in charge of displaying the fireworks at the time and place
they are being displayed.
All operators shall be at least 21 years old and licensed by a pyrotechnics
school. All assistants shall be at least 18 years of age.
Prior to the use of fireworks pursuant to a permit, they shall be stored
in a metal container in a building of masonry construction so that members
of the public cannot have access to them, and such fireworks shall not be
stored in this Town for a period in excess of two consecutive days.
The site for the outdoor display shall have at least a seventy-foot
radius per inch of internal mortar diameter of the largest aerial shell to
be fired. No spectators, dwellings or spectator parking areas shall be located
within the display site.
This chapter shall have no application to any officer or member of the
Armed Forces of this state or of the United States while acting within the
scope of his authority and duties as such nor to any offer of sale or sale
of fireworks to any authorized agent of such Armed Forces, nor shall it be
applicable to the sale or use of materials or equipment otherwise prohibited
by this chapter when such materials or equipment is used or to be used by
any person for signaling or other emergency use in the operation of any railroad
train or other vehicle for the transportation of persons or property.
This chapter shall not apply to sparklers, fountains, pharoah's serpents
or caps for pistols, nor shall it apply to pinwheels commonly known as "whirligigs"
or "spinning jennies," when used, ignited or exploded on private property
with the consent of the owner of such property.
Any person, firm or corporation committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in § 1-3 of this Code.
