This division shall not apply to any marine signal flare or rocket of the type and kind commonly carried by a vessel at sea for its own use and in which signal flares or rockets are transported or received or stored for use only as ship’s stores; nor shall this division apply to automotive signal flares or rockets for military or police use. This article shall not apply to a public display of fireworks made under the terms and conditions of section 6-33 of this division.
(Ordinance 263, Art. IV(6-17), adopted 10/16/89)
(a) 
Permit required.
Any adult person or any firm, copartnership, corporation or association in order to make a public display of fireworks shall first make written application for a permit to the fire marshal of the city at least thirty (30) days in advance of the proposed display. Such application should include, as a minimum, the time, place and character of the display as well as bonding and/or liability insurance arrangements.
(b) 
Investigation by fire marshal.
It shall be the duty of the fire marshal to make an investigation as to whether such a display as proposed by the applicant shall be of such a character that it may be unduly hazardous or dangerous to property or person, and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to the imposition of such reasonable conditions, if any, as may be described below.
(c) 
Conditions.
The following terms and conditions are specified and shall be binding upon the issuance of a permit to display fireworks:
(1) 
The range of the aerial display shall not be more than two hundred (200) feet and shall be discharged vertically from steel tubes.
(2) 
The limit of display shall not be more than one (1) hour per performance and there shall not be more than two (2) performances in each twenty-four (24) hours.
(3) 
The material to be used for the public display shall not be stored within the city limits but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage.
(4) 
No public display of fireworks shall be of such a character and so located, discharged or fired as to pose an inordinate hazard or danger to persons or property and the determination of such shall be within the sound discretion of the fire marshal.
(5) 
The persons handling the display of fireworks shall be competent adult persons approved by the fire marshal issuing the permit, and no other persons than those persons approved by the fire marshal shall handle the fireworks of the public display.
(6) 
The names of the operators shall be designated on the permit issued; and the applicant for such display permit shall at the time of application furnish proof that he carries Workers’ Compensation insurance for his employees as provided by the laws of the state, and he shall file with the fire marshal a certificate of insurance evidencing the carrying of public liability insurance in an amount no less than one hundred thousand dollars ($100,000.00) issued by an insurance carrier authorized to transact business in the state for the benefit of the person named therein as assured, as evidence of ability to respond in damages in at least the amount of one hundred thousand dollars ($100,000.00). Such policies must be approved by the fire marshal or, in lieu of insurance, the applicant shall file with the fire marshal a bond in the amount of one hundred thousand dollars ($100,000.00) issued by an authorized surety company to be approved by the fire marshal conditioned upon the applicant’s payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks or any negligence on the part of the applicant or his agents, servants, employees or subcontractors in the presentation of the public display.
(Ordinance 263, Art. IV(6-18), adopted 10/16/89; Ordinance 429, sec. 2, adopted 7/27/15)
The presence of any fireworks within the jurisdiction in violation of this division is hereby declared to be a common and public nuisance. The fire marshal shall seize, and cause to be safely destroyed pursuant to VTCA Insurance Code, Article 5.43-4, section 19(f), any fireworks found within the jurisdiction in violation of this division. The chief of police, any police officer, or any other duly constituted peace officer is empowered to stop transportation of and detain any fireworks being transported illegally within the city or to close any building where any fireworks are found stored illegally within the city until the fire marshal can be notified in order to seize or destroy such fireworks. When accompanied by a police officer with a duly executed search warrant, the fire marshal may enter any building where the unlawful presence of fireworks is reasonably suspected in order to inspect the same for the presence of such fireworks.
(Ordinance 263, Art. IV(6-19), adopted 10/16/89)
(a) 
Any person who shall manufacture assemble, store, transport, receive, keep, sell, offer for sale, or have in his possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks, in violation of this division, shall be guilty of a misdemeanor. If the fireworks be separately wrapped or packaged, any act or omission of any act prohibited by this article shall be a separate offense as to each such separately wrapped or separately packaged fireworks.
(b) 
Any person who shall use, sell, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks in violation of this article shall be guilty of a misdemeanor. Any parent or guardian of any minor child below the age of fourteen (14) years who permits or allows such minor child to use, discharge, ignite, detonate, fire, or otherwise set in action any fireworks shall be fined as provided above.
(Ordinance 263, Art. IV(6-20), adopted 10/16/89)