[HISTORY: Adopted by the Board of Aldermen
of the City of Nashua 12-22-1987 by Ord. No. O-87-177 (Sec. 8-87 of the
1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 156.
[Amended 2-26-2008 by Ord. No. O-08-07]
A.
In accordance
with the provisions of RSA 160-B and 160-C, it shall be illegal for
any person, firm, partnership or corporation to offer for sale, expose
for sale, sell at retail, purchase, possess, use or explode any fireworks
without a permit. There shall be no permits granted, except to the
City of Nashua for programs and displays under its control, for the
sale, purchase, possession, use or explosion of Class C fireworks.
B.
Notwithstanding
the above, the Fire Marshal may grant a permit for firework displays
when he or she determines that proper safety will be provided and
in connection therewith may condition such permit on compliance with
adhering to such requirements as the Fire Marshal shall establish
in each case for the protection of persons and property. Such permit
shall be endorsed by the applicant and specifically provide that the
applicant shall indemnify the City of Nashua against any and all liability
alleged to result from the fireworks display. Any such permit shall
be conditioned upon the following requirements relative to insurance:
[Added 5-26-2020 by Ord.
No. O-20-019]
(1)
Fireworks
operator shall carry:
(a)
General liability insurance in the amount of $1,000,000 per occurrence;
$2,000,000 aggregate and shall reflect blasting coverage or indicate
the coverage includes discharge and explosion of display fireworks;
(b)
Umbrella liability insurance in the amount of $5,000,000 per occurrence;
$5,000,000 aggregate;
(c)
$1,000,000 combined single limit automobile liability; coverage must
include all owned, nonowned and hired vehicles;
(2)
The
insurance shall cover all operations involving fireworks and any vehicles
used for the transportation or storage of fireworks, bodily injury
liability and reflect such on the certificate of insurance.
(3)
Applicant
shall carry and maintain in effect during the performance:
(a)
General liability insurance in the amount of $1,000,000 per occurrence;
$2,000,000 aggregate;
(4)
Applicant
will, prior to the display, provide to the City of Nashua, Risk Management
Department, certificates of insurance that comply with requirements
of coverage and endorsement. General liability and auto liability
policies must name the City of Nashua as a named insured and reflect
such on the certificate of insurance. The insurance provided herein
is primary, and no insurance held or owned by the City of Nashua shall
be called upon to contribute to a loss.
[Added 11-22-2005 by Ord. No. O-05-113]
It shall be unlawful to use, discharge or display
salute, reports, or thunder shell fireworks between 10:00 p.m. and
8:00 a.m. There shall be only color shells, cakes, and whistlers used,
discharged or displayed after 10:00 p.m. All permits issued shall
specify the time period during which the fireworks display shall be
conducted. The only exceptions would be Independence Day, New Year's
Eve, the Holiday Stroll, and City-sponsored events with a minimum
of a twenty-four-hour notice.
[Amended 2-26-2008 by Ord. No. O-08-07]
This chapter shall be construed consistently with Fire Prevention Code adopted in § 156-1 of the City Code, and is not meant to repeal any section thereof.
[Amended 2-26-2008 by Ord. No. O-08-07]
In addition to the penalty provisions of RSA 160-B and 160-C, a violation of this chapter may be subject to the general penalty provisions of § 1-12 of the City Code.
