Use of Fireworks within City Limits

[Ord. No. 31723-19-2018]
A. 
Definitions. As used in this Section, the following terms mean:
AERIAL
Any firework designed to shoot a flaming ball or projectile into the air.
DEALER
Any person or entity which sells, transfers, or exchanges fireworks within the City or which obtains fireworks outside of the City for transfer or exchange within the City.
FIREWORKS
Any composition or device for producing a visible, audible, or both visible and audible effect by combustion, deflagration, or detonation and that meets the definition of consumer, proximate, or display fireworks as set forth by 49 CFR Part 171 to end, United States Department of Transportation hazardous materials regulations.
MORTAR SHELL or ARTILLERY SHELL
A reloadable aerial containing a lift charge and long fuse designed to be inserted and discharged by means of a tube made of cardboard, fiberglass, high-density polyethylene (HDPE) or similar material.
 
B. 
All fireworks sales shall be limited to the dates of June 24th through July 5th, inclusive, between the hours of 8:00 A.M. and 9:00 P.M. with the exception of July 4th, on which date said hours of sale shall be extended to 12:00 Midnight.
 
C. 
No dealer shall sell or transfer to any person any artillery shell or mortar shell except as otherwise authorized under this Section.
 
D. 
No person under the age of eighteen (18) years of age shall purchase fireworks and no person, dealer or distributor of fireworks within the City limits shall sell or transfer fireworks to any person without receiving photo identification from that person and verifying such person is at least eighteen (18) years of age.
 
E. 
The discharge of all types of fireworks shall be limited to the hours from 8:00 A.M. to 9:00 P.M. from July 1st to July 3rd, and from 8:00 A.M. to 12:00 Midnight on July 4th of any respective year. In case of inclement weather or other good cause, the Mayor of Malden may extend the dates for discharge through July 5th.
 
F. 
No person under the age of eighteen (18) years of age shall discharge any type of fireworks without the direct supervision of an adult person.
 
G. 
All discharges of fireworks of any type must be made within the confines of the property of the person or entity discharging same and shall not be allowed to land on the property of another.
 
H. 
No fireworks of any kind shall be permitted to be discharged within five hundred (500) feet of any service station, bulk fuel storage facility or hazardous material holding facility.
 
I. 
No person, organization, or group shall possess or discharge any artillery shell or mortar shell unless authorized by permit under this Section.
 
J. 
Any group or organization recognized as religious, charitable, fraternal, veteran or service under the laws of this state or the United States may make application to the City Council for a permit to discharge any fireworks prohibited by Subsection (E) of this Section as part of a bona fide fireworks show or display.
1. 
Said application must:
a. 
Be signed by an authorized representative of the group or organization;
 
b. 
Include a statement that the group or organization is recognized as recognized as religious, charitable, fraternal, veteran or service under the laws of this state or the United States;
 
c. 
Include the date of the show or display and a brief description of the area in which the artillery shell or mortal shell or shells will be discharged; and
 
d. 
Be submitted no later than thirty (30) days prior to the date of the proposed show or display.
 
 
2. 
A permit shall not be denied unless the City Council determines:
a. 
The applicant does not meet the qualifications set forth in this Subsection; or
 
b. 
The area proposed for discharge is unsafe for discharge, in which case the applicant shall be allowed to amend its application to include a safe location.
 
 
 
K. 
Any person found to be in violation of this Section shall be found to have committed a municipal infraction of the law and shall be fined in accordance with the schedule set therefor.