Fireworks Ordinance

Fireworks

(a) For the purpose of this chapter or any other chapter of this Code, the term "fireworks" includes:
(1) 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;
(2) Blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives other than toy paper caps are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers, or other fireworks of like construction, any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance.
(b) The term "fireworks" does not include toy paper caps containing not more than 25 hundredths of a grain of explosive composition per cap.
(Ord. No. 593, § 6-301, 3-20-1989)
State Law reference— Similar provisions, N.D.C.C. § 23-15-01.
Sec. 14-87. - Exceptions.
Nothing in this article shall be construed to prohibit the following:
(1) Any resident wholesaler, dealer, or jobber from selling at wholesale such fireworks as are not herein prohibited;
(2) The sales of any kind of fireworks for shipment directly out of the state;
(3) The use of fireworks by airplanes, railroads, or other transportation agencies for signal purposes or illumination;
(4) The sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.
(Ord. No. 593, § 6-305, 3-20-1989)
State Law reference— Similar provisions, N.D.C.C. § 23-15-4.
Sec. 14-88. - Authority to seize fireworks held for use in violation of this article.
Any city police officer or local fire marshal or chief of the city volunteer fire department shall seize, take, remove or cause to be removed at the expense of the owner all fireworks or combustibles offered or exposed for sale, stored or held for use in violation of this article.
(Ord. No. 593, § 6-306, 3-20-1989)
State Law reference— Similar provisions, N.D.C.C. § 23-15-05.
Sec. 14-89. - Fireworks regulations.
(a) Sale period; types. Any person having operated a retail business wherein merchandise was assessed by the local taxing authority on April 1 immediately preceding thereto, and operating a retail business having a retail license as provided in N.D.C.C. § 23-15-04 and as provided in this article may offer for sale and sell at retail, to persons of 12 years of age or more, only during the period beginning June 27 and ending July 5, both dates inclusive, the following items:
(1) Star lights, with wood spike cemented in one end, total pyrotechnic composition not to exceed 20 grams each in weight (10 ball);
(2) Helicopter-type flyers, total pyrotechnic composition not to exceed 20 grams each in weight;
(3) Cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each in weight. The inside tube diameter shall not exceed three-fourths inch;
(4) Cone fountains, total pyrotechnic composition not to exceed 50 grams each in weight;
(5) Wheels, total pyrotechnic composition not to exceed 60 grams in weight, for each driver unit, but there may be any number of drivers on any one wheel. The inside bore of driver tubes shall not be over one-half inch;
(6) Illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed 100 grams each in weight;
(7) Sparklers and dipped sticks, total pyrotechnic composition not to exceed 100 grams each in weight. Pyrotechnic composition containing any chlorate shall not exceed five grams;
(8) Comets and shells, of which the mortar is an integral part, except those designed to produce an audible effect, total pyrotechnic composition not to exceed 40 grams each in weight;
(9) Soft shell firecrackers not to exceed 1½ inches in length and one-fourth inch in diameter; total pyrotechnic composition not to exceed 50 milligrams each in weight;
(10) Whistles without report, total pyrotechnic composition not to exceed 40 grams each in weight.
(b) Inspection required prior to sale period; merchant report. No sale of fireworks shall be allowed until the premises have been inspected by the building official of the city or a duly assigned agent and approval of the site, as to compliance with zoning and building and fire codes or other ordinances has been issued by said official. The person operating a retail business must apply for the license and operate the business of fireworks sale directly, and no assignments of said operating rights shall be effective or permit an assignee to operate within the city. That after July 5 of any year, the person shall file a written report with the fire department and the building official indicating the quantity and place of storage of any unsold fireworks. Any temporary trailers or structures used in the sale of fireworks and located within the city, shall be allowed during the permitted time of sale (June 27 through July 5) and a reasonable time before and after such period only with the consent of the building official, presented to the operator in writing.
(Ord. No. 593, § 6-302, 3-20-1989)
State Law reference— Permitted sales, N.D.C.C. § 23-15-01.
Sec. 14-90. - Hours when sales permitted.
Except as otherwise provided in this article, no person shall sell, dispense, gift or otherwise furnish to others fireworks after 11:00 p.m. or before 8:00 a.m. on all days of the week.
(Ord. No. 635, § 4 (6-302.1), 2-19-1991)
Sec. 14-91. - License required to sell fireworks; licensee to keep records available for inspection.

Except as otherwise provided in this article, no person shall offer for sale, expose for sale, sell at retail, bring into this city or cause to be brought into this city or use or explode any fireworks in this city. It is unlawful for any person not licensed as a wholesaler or retailer to bring any fireworks into this city, and it is unlawful for any retailer in this city to sell any fireworks which have not been purchased from a wholesaler licensed pursuant to this article and under N.D.C.C. ch. 23-15 (N.D.C.C. § 23-15-01 et seq.). Any person licensed under such chapter and under this article must keep available for inspection by the state fire marshal or any sheriff, police officer or local fire marshal a copy of each invoice for fireworks purchased as long as any fireworks included on the invoice are held in the licensee's possession, which invoice must show the license number of the wholesaler from whom the purchase was made.
(Ord. No. 593, § 6-303, 3-20-1989)
State Law reference— Similar provisions, N.D.C.C. § 23-15-04.
Sec. 14-92. - Public display of fireworks permitted by municipality or fair association; permit and supervision required; city council to establish additional regulations.

This article shall not prohibit supervised public displays of fireworks by the city, fair associations, amusement parks, and other organizations. Except when such display is given by the city or fair association within its own limits, no display shall be given unless permit shall be made in writing to the finance director/city auditor at least 15 days in advance of the date of the display. The application shall promptly be referred to the city council which shall make an investigation to determine whether the operator of the display is competent and whether the display is of such character and is to be so located, discharged or fired that it will not be hazardous to property or endanger any person. The city council shall report the results of this investigation to the finance director/city auditor and if it reports that in its opinion the operator is competent and that the display as planned will conform to safety requirements, including the rules and regulations of the state fire marshal, the finance director/city auditor shall issue a permit for the display when the applicant pays a permit fee in the amount established by resolution. After such permit shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. The city council shall establish such regulations as it deems appropriate for purposes of this section.
(Ord. No. 593, § 6-304, 3-20-1989)
State Law reference— Similar provisions, N.D.C.C. § 23-15-05