No person shall store, sell, offer or expose for sale, have in possession with intent to sell or use, discharge or cause to be discharged, ignite, fire or otherwise set in action any explosive(s), firework(s), firecracker(s), rocket(s), torpedo(es), roman candle(s), fire balloon(s) or other fireworks or substances of any combination designed or intended for pyrotechnics display within the Town limits of Elsmere without first obtaining a permit as provided for in 16 Del. C. §§ 6903 and 6906, and §
95-3 of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
EXPLOSIVE
Any chemical compound or mechanical mixture, whether commercially
or homemade, that is commonly used or intended for the purpose of
producing an explosive that contains any oxidizing and combustible
units, or other ingredients in such proportions, quantities or packing
that when ignited by fire, friction, concussion, percussion or detonator
may cause a sudden generation of highly heated gases that are capable
of producing destructive effects on contiguous objects or of destroying
life or limb and including but not limited to the articles specified
below:
B.
Explosives containing over 60% of nitroglycerin
(except gelatin dynamite).
C.
Explosives having an unsatisfactory absorbent
or one that permits leakage under any condition during transportation
or storage.
D.
Nitrocellulose in dry condition, in quantities
greater than 10 pounds.
E.
Fulminate of mercury in dry, bulk condition
and fulminate of all other metals in any condition, except as a component
or manufactured article.
FIREWORK
Any combustible or explosive composition, or any substance
or combination of substances, or article prepared for the purpose
of producing visible or audible effect by combustion, explosion, deflagration
or detonation, and shall include blank cartridges, toy pistols, toy
cannons, toy canes or toy guns in which explosives are used, balloons
which require fire underneath to propel, firecrackers, torpedoes,
skyrockets, roman candles, daygo bombs, sparklers or other fireworks
of like construction and any fireworks, caps, tablets or other device
containing an explosive or flammable compound, whether commercially
or homemade. The term "firework" shall not include toy pistols, toy
canes, toy guns or other devices in which paper caps manufactured
in accordance with the United States Interstate Commerce Commission
regulations for packing and shipping of toy paper caps are used and
toy pistol paper caps manufactured as provided therein, the sale and
use of which shall be permitted at all times.
HOMEMADE DEVICE
Includes commercial or homemade devices that are of combustible
or explosive composition, or any substance or combination of substances,
or article prepared for the purpose of producing visible or audible
effect by combustion explosion, deflagration or detonation.
This chapter shall not apply to the transportation
of any article shipped in conformity with the regulations prescribed
by the Interstate Commerce Commission, to the military or naval forces
of the United States, duly authorized militia of any state thereof
and any authorized government agency.
The Elsmere Public Safety Department shall have
the power to enforce this chapter and confiscate any explosive(s)
or firework(s) in violation of this chapter from any person or property
within the Town of Elsmere.
Any person, firm, association or corporation
violating any of the provisions of this chapter shall be fined not
less than $100 for the first offense and no more than $250 for each
subsequent offense.