[HISTORY: Adopted by the Board of Supervisors of Northumberland County 7-14-2005.
Amendments noted where applicable.]
This chapter may be cited as the "Fireworks Ordinance of Northumberland
County."
Except as otherwise provided in this chapter, it shall be unlawful for
any person to transport, manufacture, store, sell, offer for sale, expose
for sale or to buy, use, ignite or explode any firecracker, torpedo, skyrocket
or other substance or thing, of whatever form or construction, containing
nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, nitroglycerine,
phosphorus or any other explosive or inflammable compound or substance, and
intended or commonly known as "fireworks."
Any law enforcement officer arresting any person for a violation of
this chapter shall seize any article mentioned in this section for the possession
or under the control of the person so arrested and shall hold the same until
final disposition of any criminal proceedings against such person. If a judgment
of conviction is entered against such person, the court shall order destruction
of such articles upon expiration of the time allowed for appeal of the judgment
of conviction.
Permits for display of fireworks may be issued to fair associations,
amusement parks, organizations or groups of individuals, under the following
terms and conditions:
A.
Written application for such permit shall be filed with
the County Administrator of the County by the applicant, setting forth the
following:
(1)
The name of the applicant and, if the same is an unorganized
group of individuals, the names of all such individuals.
(2)
The place, date and approximate time of the fireworks
display, identifying the place sufficiently so that the County may determine
the location of the firing site and the area over which any aerial displays
will take place.
(3)
The names of at least two individuals, at least one of
whom will be present at the firing site at the time of the display and in
charge thereof,
(4)
If the applicant or one of the applicants is not the
owner of the property on which the display will be made, the consent of the
owner of such property must be obtained.
(5)
A brief statement of any safety precautions planned by
the applicant.
(6)
The signature of the applicant(s) or his/her/their attorney.
B.
Upon being satisfied that the proposed display of fireworks
will be under proper and responsible supervision, will not unreasonably endanger
persons or property, nor be an unreasonable annoyance or nuisance to the neighborhood,
the County shall issue a permit for such display including therein any reasonable
and practicable safety measures, which may or may not coincide with those
proposed by the applicant, which he may deem necessary to the protection of
life and property.
C.
Upon the issuance of such permit, the Sheriff may also
issue a short form notice of permit required by a fireworks manufacturer authorizing
the sale and delivery of fireworks for such display. If such permit has been
issued, sales of fireworks may be made for use under such permit, and the
association or organization or group to which it is issued may make use of
such fireworks under the terms and conditions of such permit.
D.
Further restrictions for permits issued to display fireworks
include:
(1)
No fireworks shall be fixed if the winds reach a velocity
of more than 20 miles per hour;
(2)
Portable fire extinguishers or other adequate fire protection
will be required at the discharge site;
(3)
All operators shall be at least 21 years of age and assistants
shall be at least 18 years of age;
(4)
The shooting off of fireworks is prohibited between the
hours of 12:30 a.m. to 7:00 a.m.;
(5)
Good judgment must be taken not to disturb nesting wildlife
(i.e., osprey).
This chapter shall have no application to any officer or member of the
armed forces of this state, or of the United States, while acting within the
scope of his authority and duties as such, nor to any offer of sale or sales
of fireworks to any authorized agent of such armed forces, nor shall it be
applicable to the sale or use of materials or equipment otherwise prohibited
by this chapter, when such materials or equipment is used or to be used by
any person for signaling or other emergency use in the operation of any boat,
railroad train or other vehicle for the transportation of persons or property.
This chapter shall not apply to sparklers, fountains, Pharaoh's
serpents, 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.
Any person who violates any provision of this chapter shall be guilty
of a Class 1 misdemeanor and, upon conviction thereof, be punished by confinement
in jail not to exceed 12 months or by a fine not exceeding $2,500, or both
such fine and imprisonment.
