The manufacture of fireworks is prohibited within the City.
The display or discharge of fireworks shall comply with the requirements
of this chapter.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
A permit shall be obtained from the City of DuBois Mayor or
Police Chief or Code Enforcement Officer for the display or discharge
of fireworks.
Application for permits shall be made in writing at least 15
days in advance of the date of the display or discharge of fireworks.
The 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. A permit granted hereunder shall not be
transferable, nor shall any such permit be extended beyond the dates
set out therein.
As used in this chapter, the following terms shall have the
meanings indicated:
FIREWORKS
Includes any combustible or explosive composition, 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, and shall include blank cartridges,
toy pistols, toy cannons, toy canes or toy guns in which explosives
are used, the type of balloons which require fire underneath to propel
the same, firecrackers, torpedoes, skyrockets, Roman candles, dago
bombs, sparklers or other devices of like construction and any device
containing any explosive substance, except that the term "fireworks"
shall not include auto flares, paper caps containing not in excess
of an average of 0.25 grain (16.2 mg) of explosive content per cap,
and toy pistols, toy canes, toy guns or other devices for use of such
caps, the sale and use of which shall be permitted at all times.
It shall be a violation of this chapter for any person to store,
or use or explode any fireworks, except as provided in the rules and
regulations issued by the Fire Official for the granting of permits
for supervised public displays of fireworks by the City, fair associations,
amusement parks and other organizations.
The permittee shall furnish a bond in an amount deemed adequate
by the City Council but not less than $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 permitted display and arising from any
acts of the permittee, the permittee's agents, employees or subcontractors.
Unfired fireworks and trash that remain after the display is
concluded shall be immediately disposed of in a safe manner approved
by the Codes Enforcement Officer.
The Fire Official shall seize, take, remove or cause to be removed
at the expense of the owner all stocks of fireworks offered or exposed
for display, stored or held in violation of this chapter.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not less than $50 and not more than $1,000 plus costs and,
in default of payment, to imprisonment for a term not to exceed 90
days. Each day that a violation of this chapter continues shall constitute
a separate offense.