OCR Text |
Show AN ORDINANCE ! AN ORDINANCE CONTROLLING CONTROL-LING THE SALE AND USE OF FJ.REWORKS WIT1HIN THE LIMITS OF THE COUNTY OF IRON. THE. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF IRON ORDAINS AS FOLLOWS: Section 1. SALE OR USE OF FIREWORKS DECLARED AGAINST SAFETY AND WELFARE. WEL-FARE. The sale, exposure for sale, use, distribution or possession pos-session of fireworks or pyrotechnics pyro-technics within the county of Iron, except as hereinafter provided, pro-vided, is hereby declared by the Board of County Commissioners Commis-sioners to be against the public pub-lic health, safety and welfare of the people of the county of Iron. Section 2. SALE OR USE OF FIREWORKS UNLAWFUL. It shall be unlawful for any person, per-son, firm, partnership or corporation cor-poration to offer for sale, ex-ptase ex-ptase for sale, sell, possess, or irse, or explode any toy cannon irt which explosives are used: the type of balloon which requires re-quires fire underneath to propel pro-pel the same; firecrackers; torpedoes, tor-pedoes, skyrockets, Roman candles, bombs, or other fireworks fire-works of like construction, or any fireworks containing any explosive or inflammable compound or any tablets op other device commonly common-ly used and sold as fire-Works fire-Works containing nitrates, chlorates, oxalates, sulphides of lead, varium, antimony, corporation, association or group of individuals making the display; and the name of the person or persons, in charge of the igniting, firing, setting off, exploding or causing caus-ing to be exploded such fireworks. fire-works. The location of the storage place shall be subject to the approval of the County Sheriff and the County Fire Chief. No permit granted hereunder here-under shall be transferable. Section 5. BOND. The Board of County Commissioners may require a bond, deemed adequate ade-quate by it, from the licensee in a sum not less than five hundred dollars conditioned for the payment of all damages, dam-ages, which may be caused either to a person or persons or to property, by reason of the display so as aforesaid licensed, licens-ed, and arising from any acts of the licensee, his agents or employees. Such bond shall run to the county and shall be for the use and benefit of any person injured or the owner of i any property damaged, who is authorized to maintain an action ac-tion thereon, or his heirs, executors, ex-ecutors, administrators successors suc-cessors or assigns. Section 6. EXCEPTIONS FROM ORDINANCE. Nothing in this ordinance shall be construed con-strued to interfere with the manufacture, storage, or trans-portaiton trans-portaiton of fireworks by a licensed li-censed manufacturer, wholesaler, whole-saler, dealer or jobber selling wholsale without the county, or to religious, fraternal or civic civ-ic organizations, fair associations, associa-tions, amusement parks, or other organizations or groups of individuals within the coun-ty coun-ty authorized to possess and use fireworks under this ordinance; or-dinance; or the sale or use of any fireworks or blank cartridges car-tridges for a show or theater, or for signal purposes in athletic ath-letic sports, or by railroads for signal purposes, or for use by the militia; or construed to prohibit the manufacture and sale of aviation and railroad light flares. Section 7. VIOLATION A MISDEMEANOR. Any person violating the provisions of this ordinance shall be guilty of arsenic, mercury, nitroglycerine, nitroglycer-ine, phosphorus or any compound com-pound containing any of the same or other explosives, or any substance or combination of substances, or articles prepared pre-pared for the purpose of producing pro-ducing a visible or an audible effect by combustion, explosion, explo-sion, deflagration or detonation, detona-tion, other than aviation and railroad signal light flares, ex-cept ex-cept as in this ordinance provided; pro-vided; provided, further, this ordinance shall not prohibit the use of toy pistols, toy canes, toy guns, or sparklers, i Section 3. PUBLIC DISPLAY, , WHEN PERMITTED - PERMIT. PER-MIT. The Board of County Commissioners, notwithstanding notwithstand-ing any of the provisions of this ordinance to the contrary, may, upon application in writing, upon the posting of a'suitable bond, grant a permit per-mit for the public display of fireworks by religious, fraternal fra-ternal or civic organizatons, fair associations, amusement, parks, or other organizations or groups of individuals, approved ap-proved by the Board of County Coun-ty Commissioners, when such display is to be handled by a competent operator, to be approved ap-proved by the County Sheriff or the County Fire Chief of this county. Such display shall be of such a character, and so located, discharged, or fired, aSf in the opinion of the Coun-ty. Coun-ty. Sheriff and the County Fire Chtief, after proper inspection, shall not be hazardous to property pro-perty or endanger any person or; persons. After such permit shall have been granted, sales, possession, use, and distribution distribu-tion of fireworks for such display dis-play shall be lawful for that purpose only. Secton 4. APPLICATION FOR PEHMIT. Al such applications for: permits shall set forth the date, the hour, and place of making such display, and the place of storing fireworks prior to -the display; and further, the name or names of the person, per-son, persons, firm, partnership, a misdemeanor, and shall, upon conviction, be punishable punish-able by a fine of not more than $299.00, or by a jail sentence sen-tence not to exceed six months, or by both such fine and jail sentence. Section 8. EMERGENCY CLAUSE. In the opinion of the Board of County Commissioners, Commis-sioners, it is necessary for the peace health and safety of this county and the inhabitants thereof that this ordinance become be-come effective immediately upon publication. Section 9. EFFECTIVE DATE. This ordinance shall take effect ef-fect upon its first publication. Adopted and passed by the Board of County Commissioners Commission-ers of the County of Iron this 24th day of June, 1970. KEITH SMITH, Chairman of the Board of County Commissioners. ATTEST: SS CLAIR HULET, County Clerk. July 30, 1970. |