City of Hoboken, NJ Fireworks

Editor's Note: Former Art. III was adopted 11-1-1995 by Ord. No. R-155 and repealed 2-6-2002 by Ord. No. DR-27.

In accordance with N.J.S.A. 21:3-2a, it shall be unlawful for any person within the City of Hoboken to offer for sale, expose for sale, sell, possess or use, or explode any fireworks, specifically: blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of balloon which requires fire underneath to propel the same; firecrackers; torpedoes; skyrockets, roman candles, bombs, 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, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound containing any of the same or other explosives, 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.

(1)

Permits may be issued for the purchase, possession and public display of fireworks as described above and defined in N.J.S.A. 21:2-2 by municipalities, religious, fraternal or civic organizations, fair associations, amusement parks, or other organizations or groups of individuals, in accordance with N.J.S.A. 21:3-3.

In accordance with N.J.S.A. 21:3-2b, the following sparkling devices and novelties are permitted for sale and use, but for public safety reasons may not be utilized in any public place (i.e., public streets, parks, or buildings) unless a permit is obtained from the City of Hoboken in accordance with Subsection C below:

(1)

A toy pistol, toy cane, toy gun, or other device in which paper or plastic caps containing 0.25 grain or less of explosive compound per cap are used, providing 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

(2)

Sparkling devices and novelties as defined in N.J.S.A. 21:2-2 if the person is 16 years of age or older and consistent with the standards set forth in NFPA 1124, National Fire Protection Association Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 edition.

No person shall utilize any device permitted by N.J.S.A. 21:3-2(b) on public property unless they have received a devices and novelties permit. No devices and novelties permit shall issue unless approved by both the Hoboken Police Department and the Hoboken Fire Department.

(1)

The form of application for this permit shall be prepared by the Hoboken Fire Department and subject to final review by the Business Administrator or the Business Administrator's designee.

(2)

The application shall be maintained by the Hoboken City Clerk and available on the City's website. There shall be no application fee.

(3)

This permit shall be distinguishable from the permitting process delineated in N.J.S.A. 21:3-3, which relates to the utilization of fireworks which are otherwise prohibited.

Penalties. Any individual found to be in violation of Subsection A of this section shall be issued a violation in accordance with N.J.S.A. 21:3-1 et seq., and shall be subject to penalties in accordance with N.J.S.A. 21:3-8 (Penalties for violations). Any person found to be in violation of the permit requirements set forth in Subsections B and C shall be subject to penalties in accordance with N.J.S.A. 40:49-5 (Penalties for violating ordinances), which may include 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 $2,000; or by a period of community service not exceeding 90 days.