The regulations contained in this Article are
hereby adopted to provide for the issuance of permits to fair associations,
amusement parks and organizations and groups of individuals for the
display of fireworks and to regulate the use and display of fireworks
upon the granting of permits.
A. Written application for a permit to display fireworks
shall be made, in triplicate, to the Town Clerk, stating the time,
place, type of fireworks and circumstances under which they are proposed
to be displayed.
B. Each such application shall name at least one person
who shall participate in displaying the fireworks who has had experience
in displaying the type of fireworks proposed to be displayed.
C. Criteria for approval or denial of a permit application
shall be as set forth by the Town Council.
[Added 6-18-1991 by Ord. No. 1991-1]
[Added 6-18-1991 by Ord. No. 1991-1]
Permit application fees shall be as established
by the Town Council. Any local charitable or nonprofit organization
shall be exempt from any fee herein provided if the sponsoring organization
shall have obtained a permit therefor.
[Added 6-18-1991 by Ord. No. 1991-1]
Prior to the granting of a permit pursuant to
this article and as a condition precedent for the granting of such
permit, the Town Council may require that the applicant shall give
bond to the Town, in such amount and with such surety as the Town
Council may consider necessary, conditioned upon the full satisfaction
of all judgments and decrees which may result by reason of any negligent
or unlawful act or omission of any person participating in such fireworks
display and included within the permit, with the further condition
that he will save the Town harmless from all claims and demands whatever
which may arise by reason of such fireworks display.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Upon approval of an application for a permit
to display fireworks, the Town Manager shall write across such application
the wording "Approved," and the application shall be dated and signed
by the Town Manager, which date shall constitute the beginning of
a thirty-day storage period permitted for such fireworks, and all
fireworks covered by such permit shall be displayed or discharged
within such thirty-day period.
One copy of each application for a permit to
display fireworks shall be kept on file by the Town Clerk until after
the date the fireworks are displayed, and two copies, after being
approved as aforesaid, which will then become a permit to display
fireworks, shall be returned to the applicant, who shall keep one
copy on file for 60 days after displaying such fireworks, and one
copy shall be in possession of the person in charge of displaying
the fireworks at the time and place they are being displayed.
Permits under this article shall provide that
fireworks be displayed under the supervision of a police officer of
the Town or county, who shall be present at the time such fireworks
are displayed.
Not more than three persons, in addition to
the police officer, shall participate in displaying fireworks at one
time, and all shall be adults 18 or more years of age.
Prior to the use of fireworks pursuant to a
permit, they shall be stored in a metal container in a building of
masonry construction, so that members of the public cannot have access
to them, and such fireworks shall not be stored in the Town for a
period in excess of 30 consecutive days.
No spectator or member of the public other than
those who are participating in displaying or discharging the fireworks
shall be closer than 50 feet to the place where such fireworks are
being displayed or discharged.
It shall be unlawful for any person to sell,
offer for sale, expose for sale or buy, use, ignite or explode any
firecracker, torpedo, skyrocket, roman candle or other substance or
thing, of whatever form or construction, intended as or commonly known
as "fireworks" within the Town except pursuant to a permit as provided
in this article.
This article shall not apply to sparklers, fountains,
pharoah's serpents or caps for pistols, nor shall it apply to pinwheels
commonly known as "whirligigs" or "spinning jennies" when used, ignited
or exploded on private property with the consent of the owner of such
property.