§ 5-4. Fireworks.

(a)

Except as otherwise provided in this section, it shall be unlawful for any person to possess, store, offer for sale or sell at retail, any kind or type of fireworks of any description within the corporate limits of the city. This subsection shall not apply to fireworks exempted under G.S. 14-414.

(b)

Except as otherwise provided in this section, it shall be unlawful for any person to discharge in any manner any kind or type of fireworks of any description within the corporate limits of the city. This subsection shall not apply to fireworks exempted under G.S. 14-414 or to a public display of fireworks as permitted by the North Carolina Fire Prevention Code and G.S. ch. 58, art. 82A.

(c)

Any person seeking to conduct a public display of fireworks shall obtain a permit and submit a plan in writing at least fifteen (15) working days prior to the display to the fire department with the following information:

(1)

The name of the person, group, or organization responsible for the display;

(2)

All state pyrotechnic display operator's license card/certificates of the individuals to discharge pyrotechnics;

(3)

The date and time of the display;

(4)

The location of the display;

(5)

The duration of the display;

(6)

A narrative description of the display;

(7)

Copy of liability insurance;

(8)

A site plan showing the following:

a.

The location of the audience;

b.

The area affected by the display;

c.

All buildings, structures and parking lots affected by the display;

d.

Means of egress;

e.

Fire protection features and locations;

f.

PPE to be worn by operators during initiation or electronic firing controls to be utilized by operators during the display.

(d)

The use of fireworks, pyrotechnic or flame effect devices shall meet the following codes and standards:

(1)

NFPA 1124—Code for manufacturing, transport, storage and retail sales of pyrotechnic articles.

(2)

NFPA 1123—Code for fireworks display.

(3)

NFPA 1126—Standard for the use of pyrotechnics before a proximate audience.

(4)

North Carolina State Building Code—Fire Prevention Code Chapter 56.

(5)

North Carolina General Statute Chapter 58, Article 82A.

(e)

Fireworks found within the city limits except for those exempted by G.S. 14-414 are hereby declared to be contraband and subject to seizure by any member of the risk reduction section of the fire department or a law enforcement officer unless possessed by a permittee for a public display of fireworks as permitted by the state fire prevention code.

(f)

Any person who shall violate the provisions of subsections (a) or (b) shall be guilty of a misdemeanor and shall be punishable by imprisonment up to thirty (30) days or a fine of five hundred dollars ($500.00), or both. Violators may be subject to a five hundred dollar ($500.00) civil penalty to be recovered in the nature of a debt.

(Ord. No. 2019-16 , § 3, 4-8-19)