II. Offenses Against the Person
(Reserved)

III. Offenses Against Health and Safety

Chapter 10.24
FIREWORKS²

Sections:

10.24.010    Title.

10.24.020    Prohibition on sale.

10.24.030    Prohibition on use.

10.24.040    Exceptions for authorized displays.

10.24.050    Permissible sales and uses.

10.24.060    Fireworks defined.

10.24.010 Title.

This chapter shall be known and cited as the “fireworks control ordinance of the city and borough.” (B.C.S. § 12.04.010.)

10.24.020 Prohibition on sale.

It is unlawful for any person, business, corporation, association, club or organization to sell, expose for sale, or offer for sale any fireworks within the corporate limits of the city and borough. (B.C.S. § 12.04.020.)

10.24.030 Prohibition on use.

It is unlawful for any person, business, corporation, association, club or organization to use or explode any fireworks, except as otherwise provided by this chapter within the municipal limits of the city and borough. (B.C.S. § 12.04.030.)

10.24.040 Exceptions for authorized displays.

A.    Fireworks may be used for public displays by municipalities, fair associations, amusement parks and other organizations or groups of individuals, provided that:

1.    A permit is obtained from the administrator or any employee designated by him; and

2.    A bond is filed with the city and borough in the amount of at least five hundred dollars 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 accomplishes the same purpose as the bond.

B.    No permit is transferable.

(B.C.S. § 12.04.040.)

10.24.050 Permissible sales and uses.

Nothing in this chapter shall be construed to prohibit:

A.    Any resident wholesaler, dealer, or jobber from selling at wholesale those fireworks which are not prohibited in this chapter;

B.    The sale of any kind of fireworks if the fireworks are to be shipped directly from the state in accordance with regulations of the United States Interstate Commerce Commission;

C.    The use of fireworks by vessels or other transportation agencies for signal purposes or illumination;

D.    The use of flashlight composition in normal amounts by photographers or dealers in photographic supplies;

E.    The sale or use of blank cartridges for a show or a theater;

F.    Use of fireworks for signal or ceremonial purposes in athletic events or parades; and

G.    Use by military organizations.

(B.C.S. § 12.04.050.)

10.24.060 Fireworks defined.

“Fireworks” 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 includes blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons which require explosive propellant, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, or other fireworks of like construction, which contain any explosives or flammable compound, or any tablets or other device containing any explosive substance, except that the term “fireworks” does not include sparklers, auto flares, paper caps containing not in excess an average of twenty-five hundredths 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, the sale and se of which shall be permitted at all times. (B.C.S. § 12.04.060.)

IV. Offenses Against Public Decency