[Ord. 834, 5/7/2007, § 1]
1. Scope. The manufacture of fireworks is prohibited within the Township
of Elizabeth. The display or discharge of fireworks shall comply with
the requirements of this Part.
2. Permit Required. As a condition of a permit the applicant must show
evidence of State and Federal Fireworks permits. A permit shall be
obtained from the Township Secretary for the display or discharge
of fireworks. There shall be a fee for said permit which shall be
established by the Township's Fee Resolution.
3. Permit Application. Application for a permit 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.
4. Definition.
A. The term "fireworks" shall mean and include any combustible or explosive
composition or any substance or combination of substances, or, except
as hereinafter provided, any article prepared for the purpose of producing
a visible or an audible effect by combustion, explosion, deflagration
or detonation, and shall include blank cartridges and toy cannons
in which explosives are used, the type of balloons which require fire
underneath to propel the same, firecrackers, torpedoes, skyrockets,
Roman candles, aerial fireworks or other fireworks of like construction,
and any fireworks containing any explosive or flammable compound or
any tablets or other devices containing an explosive substance.
B. The term "fireworks" shall not include sparklers, toy pistols, toy
canes, toy guns or other devices in which paper caps containing 0.25
grain or less of explosive compound are used, providing they are so
constructed that the hand cannot come in contact with the cap when
in place for the explosion, and toy pistol paper caps which contain
less than 0.20 grain or explosive mixture, the sale and use of toy
cannons which operate on the principal of mixing calcium carbide,
weighing less than 1/10 of an ounce, and water in the reservoir of
the cannon and in which ignition results upon the creation of a spark.
[Ord. 834, 5/7/2007, § 2]
1. General.
A. It shall be a violation of this Part 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 Township of Elizabeth,
fair associations, amusement parks, and other organizations.
B. Every such display shall be handled by a competent operator approved
by the Township Secretary. The fireworks shall be arranged, located,
discharged or fired in a manner that, in the opinion of the Township
Fire Marshal, will not be a hazard to property or endanger any person.
2. Bond for Display.
A. The permittee shall furnish a bond in an amount deemed adequate by
the Township of Elizabeth 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.
B. The Elizabeth Township Fire Department shall be exempt from the provisions
of this Part with respect to Bonding as set forth in this Part.
3. Disposal of Unfired Fireworks. Unfired fireworks and trash that remain
after the display is concluded shall be immediately disposed of in
a safe manner approved by the Township Secretary.
4. Seizure of Fireworks. 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 Part.
[Ord. 834, 5/7/2007, § 3]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600, and in default of payment, to imprisonment
for a term not to exceed 30 days. Every day that a violation of this
Part continues shall constitute a separate offense.