Prior ordinances include 1981 Code §§ 8-13, 8-14.
[Ord. No. 966; Ord. No. 1074, 1-23-2018]
No person shall offer for sale, sell or buy at retail, or display,
within the city limits any fireworks or firecrackers of any kind or
character at any time, except public displays of fireworks may be
permitted by the City within its limits, in accordance with N.D.C.
§ 23-15-03.
Notwithstanding the above fireworks are permitted in the City
limits of the City of Williston on July 4 of each year, until the
time of 1:00 a.m. on July 5 of each year; and December 31 of each
year, until the time of 1:00 a.m. on January 1:
[Ord. No. 989 § 1, 3-11-2014]
(a)
"Fireworks," as used in this article, means any combustible or explosive
composition, 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.
The term includes any:
(1)
Blank cartridge;
(2)
Toy pistol, toy cannon, toy cane, or toy gun in which an explosive
other than toy paper cap is used;
(3)
Balloon that requires fire underneath to propel the balloon;
(4)
Firecracker, torpedo, skyrocket, Roman candle, daygo bomb, sparkler,
or other item of like construction;
(5)
Item containing any explosive or flammable compound; or
(6)
Any tablet or other device containing any explosive substance.
This section does not apply to any toy paper cap containing
not more than 0.25 of a grain (16.20 milligrams) of explosive composition
per cap.
[Ord. No. 989 § 2, 3-11-2014; Ord. No. 1074, 1-23-2018]
Except as otherwise provided for in this article, no person
may offer for sale, expose for sale, sell at retail, bring into this
city, or cause to be brought into this city, or use or explode any
fireworks.
[Ord. No. 989 § 3, 3-11-2014]
(1)
Any person operating a retail business and who has a retail license as provided in Subsection 8-13.5 of this article may offer for sale at retail that year any of the fireworks listed in paragraph 2 of this subsection, to any individual who is at least 12 years of age, only during the periods of June 27 through July 5 and December 26 through January 1.
(2)
The following items may be sold by licensed retail businesses during
the retail sale periods:
(a)
A star light, with wood spike cemented in one end, total pyrotechnic
composition not to exceed 20 grams in weight (10 ball). However, a
person may not offer to sell or offer to distribute a skyrocket, customarily
known as a bottle rocket if the outside diameter of the casing in
less than five-eights inch (15.875 millimeters) and the length of
the casing is less than 3 1/2 inches (88.9 millimeters).
(b)
A helicopter type flyer, total pyrotechnic composition not to
exceed 20 grams each in weight.
(c)
A cylindrical fountain, total pyrotechnic composition not to
exceed 75 grams each in weight. The inside tube diameter may not exceed
three-fourths inch (19.05 millimeters).
(d)
A cone fountain, total pyrotechnic composition not to exceed
50 grams each in weight.
(e)
A wheel, total pyrotechnic composition not to exceed 60 grams
in weight, for each driver unit, but there may be any number of drivers
on any one wheel. The inside bore of a drive tube may not be over
one-half inch (12.7 millimeters).
(f)
An illuminating torch or a colored fire in any form, total pyrotechnic
composition not to exceed 100 grams each in weight.
(g)
A sparkler or a dipped stick, total pyrotechnic composition
not to exceed 100 grams each in weight. Pyrotechnic composition containing
any chlorate may not exceed five grams.
(h)
A comet or shell, of which the mortar is an integral part, except
a comet or shell designed to produce an audible effect, total pyrotechnic
composition not to exceed 40 grams in weight.
(i)
A soft shell firecracker not to exceed 1 1/2 inches (38.1
millimeters) in length and one-fourth inch (6.35 millimeters) in diameter,
total pyrotechnic composition not to exceed 50 grams each in weight.
(j)
A whistle without report, total pyrotechnic composition not
to exceed 40 grams each in weight.
[Ord. No. 989 § 4, 3-11-2014; Ord. No. 1074, 1-23-2018; Ord. No.
1088, 8-28-2018]
(1)
This article does not prohibit supervised public displays of fireworks
by the City of Williston, fair associations, amusement parks or other
organizations.
(2)
Except when a display is given by the City of Williston or fair association
within its own limits, no display may be given unless a permit for
the display has first been secured.
(a)
Every permit application must be given to the city auditor at
least 15 days in advance of the date of the display with payment of
an application fee as determined by city resolution.
(b)
The city auditor shall promptly refer the application to the
chief of the fire department or his designated employee.
(c)
The fire department shall make an investigation of the application
to determine whether the operator of the display is competent and
where the display is to be located, discharged, or fired so that it
will not be hazardous to property or endangering any person, and that
it complies with any rules and regulations of the State Fire Marshall.
(d)
The chief of the fire department shall determine whether such
permit will be approved or the application rejected. If the application
is approved by the fire department, the city auditor will place the
item on the agenda for final review and approval by the Board of Commissioners
at their next regular meeting.
(3)
The city auditor will issue a display permit after approval by the
Board of City Commissioners. In issuing such permit, the city assumes
no liability for any damage to persons or property resulting from
such displays.
(4)
Permits are non-transferrable.
(5)
After a permit has been issued, sales, possession, use, and distribution
for the permitted display are lawful for that purpose only.
[Ord. No. 989 § 5, 3-11-2014]
(1)
This article does not prohibit:
(a)
A licensed wholesaler, dealer, or jobber from selling at wholesale
fireworks that are not prohibited.
(b)
The sale of any kind of fireworks for shipment directly out
of State.
(c)
The use of fireworks by transportation agencies for signal purposes
or illumination.
(d)
The sale or use of blank cartridges for a show or theater, for
signal or ceremonial purposes in athletics or sports, or for use by
military organizations.
(2)
An application for license as a distributor must be made to the State
Fire Marshal as provided in N.D.C.C. 23-15-04(2).
(3)
An application for a license as a retailer must be made to the County
Sheriff on forms prescribed by the State Fire Marshal as provided
in N.D.C.C. 23-15-04(2).
(4)
Retail and wholesale licenses are valid only for the calendar year
in which they are issued and must be at all times displayed at the
place of business of the licensee.
(5)
Retail licensees must comply with any other licenses required by
law or Williston ordinance.
(6)
A person not licensed as a wholesaler or retailer may not bring any
fireworks into the City of Williston.
(7)
A retailer may not sell any fireworks that have not been purchased
from a wholesaler licensed under State law.
(8)
Licensees must keep available for inspection by Williston Police
Officer or Williston Fire Chief or other law enforcement a copy of
each invoice for fireworks purchased as long as any fireworks included
on the invoice are held in the licensee's possession. Each invoice
must show the license number of the wholesaler from whom the purchase
was made.
[Ord. No. 989 § 6, 3-11-2014]
Williston Police Officers and the Williston Fire Chief are charged
with enforcing these provisions and shall seize, take, remove, or
cause to be removed at the owner's expense all fireworks or combustibles
offered or exposed for sale, stored or held for use in violation of
this article.
[Ord. No. 989 § 7, 3-11-2014; Ord. No. 1091, 8-28-2018]
1,
Any person who violates the provisions of this article is guilty
of an infraction.
3,
Notwithstanding the aforementioned schedule of penalties, pursuant
to the guidelines for penalties established in N.D.C.C. § 12.1-32-01,
a single violation of this ordinance can carry a penalty of up to
$1,500. Any person convicted of an infraction who has, within one
year prior to commission of the infraction of which the person was
convicted, been previously convicted of an offense classified as an
infraction may be sentenced as though convicted of a Class B misdemeanor.
If the prosecution contends that the infraction is punishable as a
Class B misdemeanor, the complaint shall specify that the offense
is a misdemeanor.
