[HISTORY: Adopted by the Town Council of
the Town of Stanley 10-10-1973 as Ch. 6, Art. II, of the 1973 Code.
Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 100.
The regulations contained in this chapter 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.
Except as otherwise provided in this chapter,
it shall be unlawful for any person to transport, manufacture, store,
sell, offer for sale or 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, sulfides of lead, barium, antimony, nitroglycerin, phosphorus
or any other explosive or flammable compound or substance and intended
or commonly known as "fireworks."
A.
Written application to the Town Manager for a permit
to display aerial and special effect fireworks shall be made in triplicate
to the Town Manager, 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.
The permit described in Subsection A above shall be issued by the Town Manager only upon a reasonable showing by the applicant of its ability to safely display the fireworks, and said permit shall be issued only under such reasonable terms and conditions as specified by the Town Manager.
D.
The Town Manager may require a bond in the penalty
of not less than $10,000 as a condition for the issuance of the permit.
Such bond shall be in such form and with such surety as may be deemed
satisfactory to the Town Manager and further conditioned as the Town
Manager may require.
Upon approval of an application for a permit
to display fireworks, the Town Manager shall write across such application
the word "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 Manager 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.
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.
This chapter shall have no application to any
officer or member of the Armed Forces of this state or the United
States while active within the scope of his authorities and duties
as such, nor to the employees of the Town of Stanley while under the
supervision of the Town Manager of the Town of Stanley, nor to the
Recreational Department of the Town of Stanley while under the supervision
of the appropriate Town officials, nor to any offer of sale or sale
of fireworks to any authorized agent of such Armed Forces, nor shall
it be applicable to the sale or use of such materials or equipment
otherwise prohibited by this chapter when such materials or equipment
are used or to be used by any personnel for signaling or other emergency
use in the operation of any vehicle for the transportation of persons
or property.
Any person violating any provision of this chapter shall, upon conviction, be punishable under the provisions of § 1-16 of this Code.
