§ 12-73. Limitation on use within the town.

(a)

It shall be unlawful for any person to possess, store, offer for sale, use or explode any fireworks or pyrotechnic devices within the town limits except pursuant to a permit issued by the fire chief or his designee.

(b)

Any person requesting a permit from the fire chief or his designee as described in the preceding subsection shall submit a written application to the fire chief or his designee at least 30 days prior to the date of the requested activity. Such application shall contain at a minimum the following information:

(1)

A letter or original certificate from the insurance company of the person applying for the fireworks display permit certifying that liability insurance in a minimum of $1,000,000.00 is in force at the time and date of the fireworks display and will cover damage to persons and/or property at and in the vicinity of the area of the fireworks display.

(2)

A diagram of the area showing where the display discharge area will be and its relationship and distance to the nearest structures, power or telephone lines and highways. Such diagram shall also include the specific location of the fireworks to be discharged.

(3)

The name of the organization sponsoring the display, if any, together with the names of the persons actually in charge of the display.

(4)

The manner and place of storage of such fireworks prior to the fireworks display.

(5)

The specific number and types of fireworks to be discharged.

(6)

The date and time of day at which the display is to be held.

(7)

A statement of the name, ages, experience, addresses and home and business telephone numbers of all persons who are to participate in the actual discharge of the fireworks.

(c)

Upon receipt of an application in proper form, the fire chief or his designee shall make an inspection of the proposed site to ensure that all provisions of the Code are met.

(d)

All persons involved in discharging such fireworks shall be at least 21 years of age and licensed or approved in accordance with applicable statutes, rules and regulations. Any person assisting with the handling or discharge of the fireworks, but not directly involved in the discharge of fireworks, shall be at least 18 years of age.

(e)

If the fire department is required to provide a standby vehicle or other service, the applicant shall pay the cost of such service. Payment for such service shall be made no later than ten days prior to the date of the scheduled display.

(f)

The fire chief or his designee is authorized to cancel the display if the requirements of this section are not met by the applicant weather conditions are not favorable or in the event of other circumstances which the fire chief or his designee deems to create a hazard for the town.

(g)

Any permit fees paid for a fireworks display are nonrefundable.

(Code 1990, § 6-34; Ord. No. 00-009, § 9, 12-13-2000)