Chapter 8.08
FIREWORKS1
Sections:
8.08.010 Defined.
8.08.020 Sale prohibited.
8.08.030 Use restricted.
8.08.040 Displays – Permit required.
8.08.050 Authorized sale and use.
8.08.060 Penalty for violations.
8.08.010 Defined.
“Fireworks” means and includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of nonmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other devices containing any explosive substance, except that the term “fireworks” shall not include auto flares, ammunition, paper caps, containing not in excess of an average of 0.25 of a grain of explosive content per cap manufactured in accordance with the Interstate Commerce Commission regulations for packing and shipping as provided therein, and toy pistols, toy canes, toy guns, or other devices for use of such caps, and sale and use of which shall be permitted at all times. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.010)
8.08.020 Sale prohibited.
The sale of fireworks is prohibited. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.020)
8.08.030 Use restricted.
Except as provided in FNSBC 8.08.050 and 8.08.060, no person shall, except on real property owned by him, under his control or with permission granted by owner, use or explode fireworks. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.030)
8.08.040 Displays – Permit required.
A. Fireworks may be used for public displays by municipalities, fair associations, amusement parks and other organizations or groups of individuals, under the following conditions:
1. A permit is obtained from the borough mayor or his authorized representative after approval of the local fire authorities;
2. In determining whether to issue or deny a permit for the use of fireworks at a public display, the borough mayor or his designee shall consider the following:
a. The location of the proposed display and the surrounding property;
b. The type of fireworks and the length of the proposed display;
c. The danger of the proposed display to persons and property; and
d. The experience and the competency in handling fireworks of the person in charge of the proposed display;
3. A bond is filed with the borough, in the amount of at least $1,000 to ensure payment of all damages to persons or property caused by the display. The bond requirement will not be operative if the holder of the permit has in effect an insurance policy which accomplished the same purpose as the bond.
B. No permit is transferable.
C. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.040)
8.08.050 Authorized sale and use.
Nothing in this chapter shall be construed to prohibit any resident wholesaler, dealer or jobber to sell at wholesale such fireworks as are not herein prohibited; or the sale of any kind of fireworks provided the same are to be shipped directly out of the borough, in accordance with the Interstate Commerce Commission regulations covering the transportation of explosives and other dangerous articles by motor, rail, and water; or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. This chapter does not pertain to those explosives or devices used in construction, logging or mining and would not prohibit the use of these explosives or devices in such activities. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.050)
8.08.060 Penalty for violations.
Every person, firm, corporation, club, association or organization violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $300.00 plus court costs, or be imprisoned in jail for a period not exceeding 30 days, or be both so fined and imprisoned. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.060)
For statutory provisions authorizing municipalities to regulate the offering for sale, exposure for sale, sale, use or explosion of fireworks, see AS 29.35.