Chapter 8.04
FIREWORKS

Sections:

8.04.010    Short title.

8.04.020    Definitions.

8.04.030    Sales prohibited.

8.04.040    Use prohibited.

8.04.050    Authorized displays.

8.04.060    Permissible sales and uses.

8.04.070    Remedies and penalties.

8.04.010 Short title.

This chapter shall be known as the “fireworks control ordinance” of the city of Wasilla. (Prior code § 13.06.010)

8.04.020 Definitions.

In this chapter, “fireworks” includes any combustible or explosive composition or any substance 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, 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” shall not include sparklers, auto flares, paper caps containing not in excess of 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 same any use of which shall be permitted at all times. (Prior code § 13.06.020)

8.04.030 Sales prohibited.

Except as provided herein, it is unlawful for any person to sell or display or offer to sell fireworks within the city. (Prior code § 13.06.030)

8.04.040 Use prohibited.

A.    Except as provided in this chapter, it is unlawful to discharge fireworks within the city.

B.    The discharge of Class C common fireworks defined as saleable under AS 18.72.100, lawfully purchased outside the jurisdiction of the city, shall be allowed annually without permit on private property with permission of the property owner, during the seven-hour period beginning at 6:00 p.m. Alaska Standard Time on December 31st and ending at 1:00 a.m. Alaska Standard Time on January 1st, except in these restricted areas:

1.    Within two hundred fifty (250) feet of any health care facility or assisted living facility, library, school or place of worship;

2.    Within five hundred (500) feet of any automotive service station or other premises where flammable liquids or gases are stored;

3.    Within or from any structure or vehicle; or

4.    On or within fifty (50) feet of lakes and waterways within city limits.

C.    Permission to discharge fireworks in subsection B of this section will not apply during any period when the State of Alaska Division of Forestry has a ban on open burning in effect. (Ord. 07-67(AM) § 2, 2007: prior code § 13.06.040)

8.04.050 Authorized displays.

A.    Fireworks may be used on public property by municipalities, fair associations, amusement parks and other organizations or groups of individuals if:

1.    A permit is obtained from the city mayor or any city employee designated by him or her;

2.    A bond is filed with the city in amount of at least five hundred dollars ($500.00) to insure payment of all damages to persons or property caused by the display. The bond requirement will not be effective 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.

C.    Permits are for a specific location. (Prior code § 13.06.050)

8.04.060 Permissible sales and uses.

Nothing in this chapter shall be construed to prohibit:

A.    The use of fireworks by railroads or other transportation agencies for signal purposes or illumination;

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

C.    The use of fireworks for signal or ceremonial purposes in athletic events or parades;

D.    Use by military organizations. (Prior code § 13.06.060)

8.04.070 Remedies and penalties.

Remedies and penalties for violations of this chapter are as provided in Chapter 1.20. (Ord. 01-47 § 6, 2001: Prior code § 13.06.070)