[Adopted 8-15-1981 by Ord. No. 401]
The Council of the Borough of Sharpsburg finds that the sale,
display and use of fireworks is detrimental to the health, safety
and welfare of the Borough of Sharpsburg, its residents and its citizens,
and contributes to the creation of a nuisance except under controlled
conditions.
As used in this Part 4, the following terms shall have the meanings
indicated:
Includes 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 device
containing an explosive substance.
Does not include sparklers, toy pistols, toy canes, toy guns
or other devices in which paper caps containing 0.25 grains 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
grains of explosive mixture, the sale and use of which shall be permitted
at all times; nor shall the term "fireworks" include toy cannons which
operate on the principle of mixing calcium carbide, weighing less
than 1/10 of an ounce, and water in the reservoir of the cannon in
which an ignition results upon the creation of a spark.
Includes any corporation, association, partnership, joint
venture or individual.
It shall be unlawful for any person to sell, offer to sell,
expose for sale, possess with the intent to sell, give away or possess
with the intent to give away, display or exhibit any fireworks except
as hereinafter provided.
It shall be unlawful to cast, throw, light, fire explode or otherwise use any fireworks except as hereinafter provided (see § 6-405).
1.
Notwithstanding anything in the foregoing provisions of this part,
it shall not be a violation of this part to cast, throw, light, fire,
explode or otherwise use any fireworks of any kind at any public demonstration
or display of fireworks, if conducted under proper police supervision
after application to the Chief of Police and a permit has been issued
by the Chief of Police for such demonstration of display.
2.
Notwithstanding anything in the foregoing provisions of this part,
it shall not be a violation of this part for a wholesaler to sell
any fireworks of any kind for the purpose of a public demonstration
or display.
[Amended 4-19-1983 by Ord. No. 433; 2-21-2013 by Ord. No. 13-05]
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 $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
