[HISTORY:[1] Adopted by the Commissioners of the Town of Henlopen Acres 7-9-1976. Amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter was revised from "Firearms and Weapons" to "Firearms, Weapons and Fireworks" 4-9-2021.
[Amended 7-9-1999 by Ord. No. 99-1]
It shall be unlawful for any person to carry or use a cannon, gun, pistol, revolver or firearm of any description, a shotgun or rifle which may be used for the explosion of bullets and cartridges, or any air gun, BB gun, gas-operated gun or spring-operated gun within the corporate limits of the Town of Henlopen Acres; provided, however, that the provisions of this chapter shall not be applicable to use of weapons under the following circumstances:
A. 
In necessary self defense.
B. 
Necessary protection of another person.
C. 
To prevent commission of a crime.
D. 
By a law enforcement officer in the necessary performance of his duty.
E. 
By a member of a recognized military unit in the necessary performance of his duty.
F. 
Pursuant to a license granted as required by law.
G. 
Necessary as an emergency measure to avoid an imminent public or private injury which is about to occur through no fault of the use of the weapon.
[Added 4-9-2021[1]]
A. 
No person may discharge or cause to be discharged, ignited, fired, or otherwise set in action within the corporate limits of the Town of Henlopen Acres, any fireworks, firecrackers, rockets, torpedoes, Roman candles, fire balloons, or other fireworks or substances of any combination designed or intended for pyrotechnic display; except pursuant to Subsection C and D of this section.
B. 
The term "fireworks," as used in this section, is as defined in 16 Del. C. § 6901.
C. 
The use of certain fireworks defined in 16 Del. C. § 6901(d) is limited to persons 18 years of age and older and limited to July 4, the third day of Diwali, December 31, and January 1 of each year.
(1) 
The list of certain fireworks permitted on days designated above includes wire or wood stick sparklers, snakes, glow worms, smoke devices, party poppers, snappers and drop pops.
D. 
This section shall not apply to public displays authorized by the Town.
[1]
Editor's Note: This ordinance also redesignated former § 67-2 as § 67-3.
[Amended 4-9-2021]
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be fined not less than $100 nor more than $500 or imprisoned for a term of not more than 10 days, or both, and shall pay the costs of prosecution.