[HISTORY: Adopted by the Common Council of the City of St. Francis
as §§ 9.04 and 9.50 of the 1981 Code. Amendments noted where
applicable.]
It is unlawful for any person to sell, expose or offer for sale, use,
keep, discharge or explode any firecrackers, blank cartridges, toy pistols
or cannons, toy canes or cannons in which explosives are used, contrivances
using explosive caps or cartridges, sparklers, display wheels, the type of
balloon which requires fire underneath to propel the same, torpedoes, sky
rockets, Roman candles, serial salutes, American or Chinese bombs or other
fireworks of like construction, or any tablets or other devices commonly used
and sold as fireworks containing nitrates, chlorates, oxalates, sulfides of
lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus or any
compound containing any of the same or other modern explosives, within the
City of St. Francis, except as hereinafter provided.
Nothing herein contained shall prohibit:
A.
The use of fireworks other than those prohibited herein
for pyrotechnic displays given by public authorities, fair associations, amusement
parks, park boards, civic organizations or groups of individuals or for the
protection of crops from predatory birds or animals by agricultural producers
that have been granted a permit for such display or protective use by the
Mayor of the City wherein the display is to be given or the protective use
is to occur, and permits issued for crop protection shall state the type of
fireworks to be used for such purpose, and the owner or lessee of said land
on which said fireworks are installed shall erect appropriate warning signs
disclosing the use of fireworks for crop protection. The issuing officer may
require an indemnity bond with good sufficient sureties for the payment of
all claims that may arise by reason of injuries to person or property from
the handling, use or discharge of fireworks under such permit. Such bond,
if required, shall be taken in the name of the City wherein the fireworks
display is to be given, and any person injured thereby may bring an action
on said bond in his own name to recover the damage he has sustained, but the
aggregate liability of the surety to all persons shall in no event exceed
the amount of such bond. The bond, if required, together with a copy of the
permit shall be filed in the office of the Clerk of the City.
B.
The use or sale of blank cartridges for circus or theatrical
purposes, or signal purposes in athletic contests or sports events, or use
by militia, police or military organizations, nor the use or sale of colored
flares or torpedoes for railway, aircraft or highway signal purposes.
C.
The use or sale of 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 packaging and shipping
of toy paper caps are used or toy pistol paper caps so manufactured.
A parent or legally appointed guardian of any minor who shall knowingly
permit such minor to purchase or have in his possession or to discharge any
fireworks forbidden by this chapter shall be deemed to have violated this
chapter and such parent or guardian shall be personally liable for any damage
caused by such possession or discharge of fireworks.
A.
Whenever any firework or other firework type of device is permitted to be sold under § 249-2C and D of this chapter, such shall only be sold in a permanent business building. Any such person desiring to sell such items shall first notify the City Clerk at least seven days prior to the commencement of such sale. The City Clerk shall transmit such information to the Common Council and the Fire Department.
B.
If necessary, the Fire Department shall inspect such
premises to assure that such is a proper place for sale of such devices. The
Fire Department may order such conditions and restrictions as it may deem
necessary. If the Fire Department determines that such is unsafe for such
sale, or that the restrictions and/or conditions it has placed on such sale
are not complied with, it shall notify the City Clerk, Common Council and
the Police Department of such and it shall be unlawful for any person to store
or sell such devices in the building.
A.
Such premises shall be equipped with fire extinguishers
approved by the Fire Chief.
B.
Smoking shall be prohibited where fireworks are stored
or handled.
C.
It is hereby made the duty of every wholesaler, dealer
or jobber keeping, storing or handling, within the City of St. Francis, fireworks
of any description to notify the Fire Chief of the Fire Department immediately
of the receipt of such fireworks, or the removal thereof from one location
to another, and the location where such fireworks are stored. No such fireworks
shall be stored in any building used for dwelling purposes or in any building
situated within 50 feet of any building used for dwelling purposes, or in
places of public assemblage, or within 50 feet of any gasoline pump, gasoline
filling station or gasoline bulk station, or any building in which gasoline
or volatile liquid is sold in quantities in excess of one gallon.
The Police Department shall be charged with the duty of enforcing this
chapter within the City of St. Francis, and the Fire Chief, Fire Department
personnel and the City Clerk shall notify the Police Department of any potential
violations.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
