For the purposes of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Fireworks.
Includes any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and shall include all articles or substances within the commonly accepted meaning of fireworks, whether herein specially designated or not.
Person.
Includes any natural person, association of persons, partnership, corporation, or agent or officer of a corporation, and shall also include all warehouses, common and private carriers, bailees, trustees, receivers, executors, and administrators.
(Ordinance 230-12-10, sec. 1, adopted 12/6/10)
Any person, firm, corporation, or organization violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction in the municipal court of the town shall be subject to a fine not to exceed the sum of $2,000.00 for each offense, and each and every day the offense shall continue shall be deemed to constitute a separate offense.
(Ordinance 230-12-10, sec. 6, adopted 12/6/10)
It shall be unlawful in the town for any person to manufacture, assemble, store, transport, receive, keep, sell, offer, or have in his or her possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire, or otherwise set in action any fireworks of any description.
(Ordinance 230-12-10, sec. 2, adopted 12/6/10)
The presence of any fireworks within the jurisdiction of the town, in violation of this article, is hereby declared to be a common and public nuisance. The fire marshal or other appointed representative is directed and required to seize and cause to be safely destroyed any fireworks found within the jurisdiction in violation of this article, and any police officer of the town or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being transported illegally, and to seize and destroy any fireworks found stored illegally in any building in the town. Notwithstanding any penal provision of this article, the town attorney is authorized to file suit on behalf of the town or the fire marshal or other appointed representative, or both, for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping, or use of fireworks within the jurisdiction of the town and to aid the fire marshal or appointed representative in the discharge of his or her duties and to particularly prevent any person from interfering with the seizure and destruction of such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to that seizure and destruction. The fire marshal or other appointed representative is hereby authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of fireworks, subject to obtaining any lawfully required subpoena.
(Ordinance 230-12-10, sec. 3, adopted 12/6/10)
This article shall be applicable and in force throughout the territory of the town within its corporate limits.
(Ordinance 230-12-10, sec. 4, adopted 12/6/10)
In any prosecution for any violation of this article, it shall not be necessary for the prosecution to negate any provision or exception, but the same may be raised by the defendant by way of defense.
(Ordinance 230-12-10, sec. 5, adopted 12/6/10)