The fire marshal shall have power to adopt reasonable rules
and regulations for the granting of permits for supervised public
displays of fireworks by a jurisdiction, fair association, amusement
park, or other organizations, or for the use of fireworks by artisans
in pursuit of their trade. Every such display shall be handled by
a competent operator approved by the fire marshal, and shall be of
such character and so located, discharged, or fired so as not to be
hazardous to property or endanger any person. Applications for such
permits shall be made in writing at least ten days in advance of the
date of the display to the fire marshal and the state fire marshal’s
office and shall contain an approved bond in an amount adequate to
protect and [any] permittee against claims arising from damage to
person or property as a result of the display. After such privilege
shall be granted, sale, possession, use and distribution of fireworks
for such display shall be lawful for that purpose only. No permit
granted hereunder shall be transferable. Any fireworks that remain
unfired after the display is concluded shall be immediately removed
from the town’s jurisdiction, or shall be disposed of in a way
safe for the particular type of fireworks remaining.
(1998 Code, sec. 92.32)
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 both, for injunctive relief as may be necessary to
prevent unlawful storage, transportation, retail selling, keeping
or use of fireworks within the jurisdiction of the town and to aid
the fire marshal in the discharge of his 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
injunction as a prerequisite to such seizure and destruction. The
fire marshal is hereby authorized to enter any building where unlawful
presence of fireworks is suspected in order to inspect the same for
the presence of such fireworks.
(1998 Code, sec. 92.34)
