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.