HomeMy WebLinkAboutOrdinance 32-1991, � . .
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ORDINANCE NO. 32-91
AN ORDINANCE RESTRICTING THE MANUFACTURE, SALE AND DISCHARGE OF
FIREWORKS IN THE CITY OF BROOKINGS, SOUTH DAKOTA.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS,
SOUTH DAKOTA, AS FOLLOWS, TO-WIT:
I.
ChBpte= 14. FIRE PROTECTIOH AND PREVE�ITIO�T
Article IV. Fireworks
Section 14.70 Scope.
a. This article shall apply to fireworks as hereinafter defined,
except as provided in section 14-70 (b) .
b. Nothing in this article shall be construed to prohibit any
resident wholesaler, dealer, or jobber to sell at wholesale such
fireworks as are not herein prohibited; or to prohibit the use of
fireworks by railroads or other transportation agencies for signal
purposes or illumination, or for signal or ceremonial purposes in
athletics or sports, or for use by military organizations. Such
wholesalers, dealers, and jobbers shall store their supplies of
fireworks in accordance with Section 12. 6 of the Fire Prevention Code.
Section 14.71. Definition
Fireworks shall mean and include any combustible or explosive
composition, or any substance or combination of substances, or
articles prepared for the purpose of producing a visible or an audible
effect by combustion, explosion, deflagration or detonation, and shall
include blank cartridges, toy pistols, toy cannons, toy canes, or toy
guns in which explosives are used, the type of balloons which require
fire underneath to propel the same, firecrackers, torpedoes,
skyrockets, model rockets, Roman candles, Daygo bombs, sparklers, or
other devices of like construction and any devices containing any
explosive or flammable compound, or any tablets or other devices
containing any explosive substances, except that the term "fireworks"
shall not include 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 DOT 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 use of
which shall be permitted at all times. Pyrotechnics (special
fireworks) shall comply with the applicable provisions of Article 12
of the Fire Prevention Code.
Section 14.72. Manufacture, Sale and Discharge of Fireworks.
a. The manufacture of fireworks is prohibited within the
municipality.
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b. It shall be unlawful for any person to use or explode any
fireworks in the city or to offer for sale, expose for sale or sell at
retail any fireworks in the city, except as provided in section
14.72 (c) through 14.72 (e) .
c. The Fire Chief may adopt reasonable rules and regulations for
the granting of permits for supervised public displays of fireworks by
fair associations, amusement parks, and other organizations or group
of individuals. Such permits may be granted upon application to the
Fire Chief. Every such display shall be handled by a competent
operator approved by the Fire Chief and shall be of such composition,
character, and so located, discharged or fired as in the opinion of
the Fire Chief after proper inspection, shall not be hazardous to
property or endanger any person or persons.
d. Application for permits shall be made in writing as least
thirty days in advance of the date of the display. After such
privilege has been granted, sale, possession, use and distribution of
fireworks for such display shall be lawful for that purpose only. No
permit granted hereunder shall be transferable.
e. Before a permit shall be issued, applicant shall file with
the Fire Chief a certificate or policy of insurance issued by a
responsible insurere, which shall provide at least the following
coverage:
(a) For injuries to one person in an amount not less than One
Hundred Thousand ($100, 000.00) Dollars, and
(b) For any one (1) accidnet no less than One Hundred Thousand
($100,000. 00 Dolalrs, and
(c) For property damage insurance in an amount not less than
Fifty Thousand ($50, 000. 00) Dollars.
f. The sale, possession, use and distribution of fireworks for
public display purposes shall be conducted so as to be reasonably safe
to persons and property and in accordance with the Fire Prevention
Code as adopted by the City.
Section 14.73. Disposal of IInfired Fireworks.
Any fireworks that remain unfired after the public display is
concluded shall be immediately disposed of in a manner which is safe
for the particular type of fireworks remaining.
Section 14.74. Seizure of Fireworks.
The Fire Chief shall seize, take, remove, or cause to be removed
at the expense of the owner all stocks of fireworks offered or exposed
for sale or held in violation of this article.
Al1 ordinances in conflict herewith are hereby repealed.
FIRST READING: May 14, 1991
SECOND READING: May 21, 1991
PUBLISHED: May 28, 1991
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1883 Mayor
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Finance Officer