Chapter 8.42
FIREWORKS

Sections:

8.42.010    Definitions.

8.42.020    Sales prohibited.

8.42.030    Use prohibited.

8.42.040    Authorized use December 31st – January 1st.

8.42.050    Permit required for authorized public displays.

8.42.060    Permissible uses.

8.42.070    Fines.

8.42.010 Definitions.

In this chapter, the definition of “fireworks” includes any:

A. Combustible or explosive composition or any substance producing a visible or an audible effect by combustion, explosion, deflagration or detonation;

B. Blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used;

C. Roman candles, daygo bombs, or any other fireworks of like construction which contain any explosives or flammable compound, or any tablets or other device containing any explosive substance;

D. The term “fireworks” shall not include sky lanterns, road flares or novelties.

1. Sky lanterns are an airborne lantern typically made of paper with a wood frame containing a candle, fuel cell composed of waxy flammable material or other open flame which serves as a source to heat the air inside of the lantern to cause it to lift into the air including “sky candles,” “air paper lanterns,” “Chinese lanterns,” and other similar devices designed to be levitated by open flame and released into the air uncontrolled.

2. Road flares (fusee) are a type of flare which burns for 10 to 60 minutes with a bright red light. Road flares are commonly used to indicate obstacles or advise caution on roadways at night; in this usage, they are also called highway flares, traffic flares, or ground flares. They are commonly found in roadside emergency kits.

3. Novelties are a device containing small amounts of pyrotechnic and/or explosive composition. Such devices produce limited visible or audible effects. Authorized novelties in the city limits of Palmer are listed below.

a. Party poppers are a small device with paper or plastic exteriors that are actuated by means of friction (a string or trigger is typically pulled to actuate the device). They frequently resemble champagne bottles or toy pistols in shape. Upon activation, the device expels flame-resistant paper streamers, confetti, or other novelties and produces a small report. Devices may contain not more than 16 mg (0.25 grains) of explosive composition, which is limited to potassium chlorate and red phosphorus.

b. Snappers are a small, paper-wrapped device containing not more than 1.0 mg of silver fulminate coated on small bits of sand or gravel. When dropped, the device explodes, producing a small report.

c. Toy caps are for toy pistols in sheets, strips, rolls, or individual caps, containing not more than an average of 0.25 grains (16 mg) of explosive composition per cap. Toy caps are described as Toy Caps NA0337 and classed as 1.4S. (Ord. 17-006 § 3, 2017; Ord. 09-025 § 3, 2009)

8.42.020 Sales prohibited.

It is unlawful for any person to sell, display, or offer to sell fireworks within the city. (Ord. 09-025 § 3, 2009)

8.42.030 Use prohibited.

Except as provided in this chapter, it is unlawful to discharge fireworks or sky lanterns within the city. (Ord. 17-006 § 3, 2017; Ord. 09-025 § 3, 2009)

8.42.040 Authorized use December 31st – January 1st.

A. 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 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 four-hour period beginning at 9:00 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 250 feet of any health care facility or assisted living facility, library, school, or place of worship;

2. Within 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;

4. On or within 50 feet of waterways within the city limits.

B. Permission to discharge fireworks in this section shall not apply during any period when the State of Alaska Division of Forestry or the city of Palmer has issued a ban on open burning. (Ord. 11-008 § 3, 2011; Ord. 09-025 § 3, 2009)

8.42.050 Permit required for authorized public displays.

A. Public displays are permissible when conducted by a state licensed pyrotechnic operator.

B. Fireworks may be used on public property by municipalities, fair associations, amusement parks, and other organizations or groups of individuals if a permit is obtained from the city manager or designee.

C. Permits are designated for a specific location and are not transferable. (Ord. 09-025 § 3, 2009)

8.42.060 Permissible 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 in accordance with the permit issued in PMC 8.42.050;

D. Use by military organizations. (Ord. 09-025 § 3, 2009)

8.42.070 Fines.

A violation of this chapter is an offense punishable by the fine established in the current, adopted budget. (Ord. 14-027 § 6, 2014)