CHAPTER 8.35: FIREWORKS CONTROL
Section
8.35.050 Exceptions for authorized displays
8.35.060 Permissible sales and uses
8.35.070 Penalty for violations [Repealed]
8.35.080 Violations, enforcement, and penalties
Statutory reference:
For statutory provisions authorizing second-class boroughs to regulate or prohibit the offering for sale, exposure for sale, sale use or explosion of fireworks in areas outside cities, see A.S. 29.35.210(a)(2)
For provisions authorizing municipalities to regulate the same, see A.S. 29.48.035(13)
8.35.005 APPLICABILITY.
This chapter applies in all areas of the borough outside of the cities of Houston, Palmer, or Wasilla.
(Ord. 94-001AM, § 8 (part), 1994; Ord. 92-114, § 3, 1992)
8.35.010 Title. [Repealed by Ord. 92-114, § 4, 1992]
8.35.020 FIREWORKS DEFINED.
(A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
• “Dangerous fireworks” means all Class 1.1G through 1.3G display fireworks as defined by the United States Code of Federal Regulations;
• “Fireworks” means all explosive pyrotechnic devices listed as Class 1.1G through 1.4G as defined by the United States Code of Federal Regulations;
• “Salable fireworks” means all 1.4G consumer fireworks as defined within AS 18.72.
(Ord. 13-163, § 2, 2013: Ord. 94-001AM, § 8 (part), 1994; Ord. 92-114, § 5, 1992; Ord. 69-12, § 12.05.060, 1969)
8.35.030 SALE PROHIBITION.
(A) It shall be a violation of this chapter to sell, expose for sale, or offer for sale any fireworks within the corporate limits of the borough, except as provided by MSB 8.35.050 and 8.35.060.
(Ord. 13-163, § 3, 2013: Ord. 94-001AM, § 8 (part), 1994; Ord. 92-114, § 6, 1992; Ord. 69-12, § 12.05.020, 1969)
8.35.040 USE PROHIBITION.
(A) It shall be a violation of this chapter to use any fireworks within the corporate limits of the borough, except as provided by MSB 8.35.050 and 8.35.060.
(Ord. 13-163, § 4, 2013: Ord. 94-001AM, § 8 (part), 1994; Ord. 92-114, § 7, 1992; Ord. 69-12, § 12.05.030, 1969)
8.35.050 EXCEPTIONS FOR AUTHORIZED DISPLAYS.
(A) Fireworks may be used for public displays by municipalities, fair associations, amusement parks, and other organizations or groups if:
(1) A permit application for public display of fireworks shall be filed with the manager on a form provided by the manager at least 72 hours prior to the display. It shall be accompanied by an appropriate filing fee as established by the assembly and made payable to the Matanuska-Susitna Borough; and
(2) A 72-hour notice prior to use has been given to the borough department of emergency services.
(Ord. 13-163, § 5, 2013: Ord. 94-001AM, § 8 (part), 1994; Ord. 92-114, § 8, 1992; Ord. 69-12, § 12.05.040, 1969)
8.35.060 PERMISSIBLE SALES AND USES.
(A) Nothing in this chapter shall be construed to prohibit:
(1) any wholesaler from selling fireworks in accordance with AS 18.72;
(2) the sale of any kind of fireworks which are to be shipped directly from the state in accordance with federal and state regulations;
(3) the use of fireworks by railroads or other transportation agencies for signal purposes or illumination; or
(4) use by the United States military.
(B) The discharge of 1.4G consumer fireworks defined as salable fireworks under MSB 8.35.020, lawfully purchased, shall be allowed annually without a permit on private property with the permission of the property owner and under the direct supervision of a person 21 years or older, during the seven-hour period beginning at 6 p.m. Alaska Standard Time on December 31st and ending at 1 a.m. Alaska Standard Time on January 1st, except within these restricted areas:
(1) within 1,250 feet of any health care facility or assisted living facility, library, or school;
(2) within 500 feet of any automotive service station or other premises where flammable liquids or gases are stored; and
(3) within or from any structure or vehicle.
(C) Permission to discharge fireworks in this section shall not apply during any period when the Alaska State Division of Forestry has declared conditions to be high fire danger or above.
(Ord. 13-163, § 6, 2013: Ord. 10-043, § 2, 2010; Ord. 94-001AM, § 8 (part), 1994; Ord. 92-114, § 9, 1992; Ord. 69-12, § 12.05.050, 1969)
8.35.070 Penalty for violations. [Repealed by Ord. 95-088(SUB)(am), § 8 (part), 1995. See MSB 8.35.080 for current provisions]
8.35.080 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
(A) Except as otherwise specified in this chapter violations of this chapter are infractions.
(B) Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45.
(Ord. 95-088(SUB)(am), § 19 (part), 1995)