[HISTORY: Adopted by the City Council of the City of East
Orange 7-27-2020 by Ord. No. 24-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Include any combustible or explosive composition, or any
substance or combination of substances, or article prepared for the
purpose of producing visible or an audible effect by combustion, explosion,
deflagration or detonation, but shall not include sparkling devices
and novelties.
Wood sticks or wire sparklers of not more than 100 grams of
pyrotechnic mixture per item;
Handheld or ground-based sparkling devices which are nonexplosive
and nonaerial, which may produce crackling or whistling effect, and
contain 75 grams or less of pyrotechnic composition per tube or a
total of 500 grams or less for multiple tubes; and
Snakes and glow worms, smoke devices, and trick noisemakers,
which include party poppers, snappers and drop pos, each consisting
of 25/100 grams or less of explosive mixture.
The sale, use and possession of fireworks is hereby declared
to be inimical to the safety and welfare of the residents of the City
of East Orange.
The sale, use and possession of fireworks within the City of
East Orange is hereby prohibited absent the issuance of a permit by
the City of East Orange. This prohibition does not extend or apply
to sparkling devices and novelties.
A.
All such
applications for permits shall set forth the name of the person authorized
to purchase, or otherwise order, and receive delivery of any fireworks,
the specific types or kinds of fireworks to be obtained and used,
the date, the hour, place of making such display, and place of storing
fireworks prior to the display and, further, the name or names of
the person, persons, firm, partnership, corporation, association or
group of individuals making the display; the name of the person, or
persons, in charge of the igniting, firing, setting-off, exploding
or causing to be exploded such fireworks. The location of the storage
place shall be subject to the approval of the City of East Orange's
director of public safety. In addition to the forgoing information,
the City of East Orange's Director of Public Safety may require the
submission of a site plan of the display area with a plan of discharge
which shows the set-up, discharge, disposal of unused fireworks and
emergency plan.
B.
Once issued,
a permit cannot be assigned or transferred.
C.
All applications
for permits shall be submitted to the City of East Orange's Public
Safety Director. All applications shall be accompanied by a payment
of $300 which shall be either a check or money order. If the Public
Safety Director concludes, within his sole discretion, that the display
and/or discharge of fireworks will not present a danger to the public,
the permit shall be issued.
D.
Before
a permit can be granted, the City of East Orange may require the submission
of a certificate of insurance that identifies the City of East Orange
as an additional insured on the subject policy of insurance. The policy
must be in an amount not less than $500,000 for each injury or claim
and $1,000,000 per occurrence. The policy of insurance is subject
to the approval of the City's Corporation Counsel.
E.
Unused
fireworks and any refuse generated in connection with the display
or use of fireworks shall be promptly removed by the permit holder.
F.
In addition,
the seizure of fireworks, any person who sells, offers or exposes
for sale, or possesses with intent to sell any fireworks as herein
mentioned is guilty of a crime of the fourth degree which shall be
referred to the Essex County Prosecutor's Office. Any person who purchases,
uses, discharges, causes to be discharged, ignites, fires, or otherwise
sets in action, or possesses any fireworks is guilty of a petty disorderly
persons offense.
