[CC 1996 § 210.570; Ord. No. 405 §§ 1 — 7, 11-4-1982]
A.
It shall be unlawful for any person to shoot or otherwise
discharge fireworks within the City, except as provided for herein.
For purposes of this Section, the term "fireworks" shall mean any
composition or device for producing a visible, audible, or both visible
and audible effect by combustion, deflagration, or detonation and
that meets the definition of consumer, proximate, or display fireworks
as set forth by 49 CFR Part 171 to end, United States Department of
Transportation hazardous materials regulations.
[Ord. No. 99-10-01 § 2, 10-27-1999]
B.
Fireworks may be discharged within this City only
as follows:
1.
Only on the fourth day of July of each year
between the hours of 9:00 A.M. and 11:00 P.M. according to prevailing
local time; and
2.
Only if a person over the age of twenty-one
(21) years is present and is actively exercising supervision over
the discharge of said fireworks; and
3.
Only if said fireworks are being handled and
discharged in a manner consistent with the exercise of the highest
degree of care; and
4.
Only if said fireworks are discharged on privately
owned property with the consent of the owner(s) and occupant(s) of
such property, and not in any event on any public street, public sidewalk
or within the business district of this City, or at or from any motor
vehicle.[1]
[1]
Editor's Note: Original Subsection e), regarding
exploding combustible devices without written permission, as amended,
which immediately followed this Subsection, was repealed 10-27-1999
by Ord. No. 99-10-01.
C.
Restrictions On Sale Or Giving Away Of Fireworks.
[Ord. No. 330 § 1-2, 7-10-1969; Ord. No. 16-05-01 § 1, 5-19-2016; Ord. No. 18-02-01, 2-8-2018]
1.
Sales or giving away of fireworks is permitted
within the City of Salisbury beginning June 20 and ending at Midnight
on July 10 of each year; and
2.
Sales or giving away of fireworks is permitted
only in locations otherwise allowed by City zoning ordinances; and
3.
Subject to Subsection (C)(4) below, a permit to sell or give away fireworks at a specific location shall be first obtained from the City Clerk or other authorized City Officer at a cost of twenty-five dollars ($25.00) for each location upon furnishing proof that the applicant has obtained public liability insurance in a sum of not less than one million dollars ($1,000,000.00) insuring persons and property against loss and/or damage resulting from selling or giving away fireworks; and
4.
City permits to sell or give away fireworks
may be withheld or later revoked either as to a specific location
or applicant on advice of the City Fire Chief or the Chief of Police,
if either determines that the place of sale or gifting could or does
reasonably constitute a safety hazard for citizens of the City or
if the applicant has previously shown a disregard for safety in sales
or giving away of fireworks or failure to adhere to these regulations;
and
5.
Fireworks which require a special license to
discharge shall not be sold or given to any person except on proof
of possession of such a license.
D.
A permit may be granted by the Mayor for the display,
discharge or use of fireworks as follows:
[Ord. No. 99-10-01 § 3, 10-27-1999]
1.
In connection with an athletic or other special
event held, sponsored or conducted by an accredited public or private
school or by a church;
2.
The fireworks are displayed, discharged or used
upon property owned by or subject to the exclusive use and control
of the school or church conducting such event and not upon a public
street, alley or sidewalk or any property zoned residential; and
3.
Such display, discharge or use of fireworks
occurs between the hours of __________ A.M. and __________ P.M.; and
4.
The use of the fireworks, in the opinion of
the Mayor, will not be hazardous to any person or property.
E.
The Park Board of this City is hereby authorized and
empowered to make and issue such further regulations and restrictions
as it may deem reasonable and proper relating to the discharge of
fireworks in any City park, including Potts Park.
