[Ord. 6 S+FX, 5-3-1988 § 11AA:2-1]
Shall mean and include any combustible or explosive composition,
or any substances, or combination of substances, or article prepared
for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation, and shall include blank cartridges,
toy pistols, toy cannons, toy canes or toy guns in which explosives
are used, the type of balloons which require fire underneath to propel
the same, firecrackers, torpedoes, skyrockets, Roman candles, dago
bombs, sparklers or other devices of like construction and any device
containing any explosive or flammable compound, or any tablets or
other devices containing any explosive substance, except that the
term "fireworks" shall not include auto flares, paper caps containing
not in excess of an average of 0.25 grain (16.2 mg) of explosive content
per cap, and toy pistols, toy canes, toy guns or other devices for
use of such caps, the sale and use of which shall be permitted at
all times.
[Ord. 6 S+FX, 5-3-1988 § 11AA:2-2]
The sale, possession or use of fireworks shall be prohibited
in the City of Newark in accordance with N.J.S.A. 21:3-2 except as
provided herein by this chapter.
[Ord. 6 S+FX, 5-3-1988 § 11AA:2-3]
A resolution authorizing a permit shall be obtained from the
Municipal Council prior to the sale, display or discharge of any fireworks
within the City of Newark. The fee for such permit shall be $300.
[Ord. 6 S+FX, 5-3-1988 § 11AA:2-4; Ord. 6PSF-A(S), 1-7-2016]
a.
An application for a permit may be obtained from the Chief of the
Division of Fire and must be submitted to the Fire Official at least
45 days in advance of the date of the display or discharge of fireworks.
b.
All such applications for permits shall set forth the following.
1.
The date, time and place of making such display or discharge;
2.
The name, address, telephone number, I.D. or social security number
of any person, making the display and/or in charge of igniting, firing,
setting-off, exploding or causing to be exploded such fireworks;
3.
The experience of any person making the display and/or in charge
of igniting, firing, setting-off, exploding or causing to be exploded
such fireworks, including references;
4.
Whether any person making the display and/or in charge of igniting,
firing, setting-off, exploding or causing to be exploded such fireworks,
has ever been convicted of a crime, indicating the date and type of
conviction; and
5.
A list of the fireworks to be displayed or discharged, and where
same are to be stored prior to the display or discharge.
c.
The following shall be submitted with the application for the fireworks
permit:
1.
A site plan of the display area with a plan of discharge which shows
the set-up, discharge, disposal of unfired fireworks and emergency
plan;
2.
The permit fee of $300 payable to the City of Newark;
3.
A surety in the form of a bond or certified check payable to the
City of Newark in the sum of $2,500, conditioned for the payment of
all damages to persons or property by reason of the display and arising
from any acts of the permittee, his agents, employees or subcontractors;
and
4.
A certified true copy of the policy of insurance with an endorsement
naming the City of Newark as a co-insured stating that the insured
shall indemnify the City of Newark and hold the City of Newark harmless.
The policy must be in an amount not less than $500,00 for each injury
or claim and $1,000,000 per occurrence. No aggregate policy of insurance,
nor a policy of insurance containing a deductible attributable to
the City of Newark will be accepted.
[Ord. 6 S+FX, 5-3-1988 § 11AA:2-5; Ord. 6PSF-A(S), 1-7-2016]
The display and/or discharge of fireworks shall be handled by
a competent operator approved by the Chief of the Division of Police
and the Chief of the Division of Fire. Such display shall be of such
a character, and so located, discharged, or fired, as in the opinion
of the Chief of the Division of Police and the Chief of the Division
of Fire, after proper inspection, shall not be hazardous to property
or endanger any person(s). The location of the storage place of the
fireworks shall be subject to the approval of the Chief of the Division
of Fire. Prior to the issuance of a permit, the application for same,
including the Certificate of Insurance must be reviewed and approved
by the Law Department of the City of Newark. The sale, 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. No permit issued hereunder shall be transferable. Upon
issuance of the permit, the Division of Fire shall immediately notify
the Division of Police of same.
[Ord. 6 S+FX, 5-3-1988 § 11AA:2-6]
Unfired fireworks and trash remaining after the display or discharge
is concluded shall be immediately disposed of in a safe manner approved
by the Fire Official.
[Ord. 6 S+FX, 5-3-1988 § 11AA:2-7; Ord. 6 S+FA
(S-1), 6-1-2007 Preamble]
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 sale or display, stored or held in violation of this chapter.
Any person violating any of the provisions of this chapter shall be
subject to the same penalties as set forth in N.J.S. 21:3-8.
