Chapter 5.12
FIREWORKS
Sections:
5.12.030 Sale of fireworks – Permit required.
5.12.050 Public display – Permit required.
5.12.070 Penalty for violation.
5.12.090 AS 18.72.100 – Definitions.
5.12.010 Definitions.
When not otherwise clearly indicated by the context, the following words and phrases as used in this chapter shall have the following meanings:
“Fireworks” means and includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other devices containing any explosive substance. The term “fireworks” shall not include auto flares, ammunition, party favors, 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 Interstate Commerce Commission 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.
“Person” means a natural person, corporation, partnership, municipality, or other legal entity.
“Personal and private use” means to use, ignite, detonate, or explode any fireworks with the intent that the use, ignition, detonation, or explosion be witnessed by no more than twenty-four persons.
“Public display” means to use, ignite, detonate, or explode any fireworks with the intent that the use, ignition, detonation, or explosion be witnessed by more than twenty-four persons. (Ord. 91-5 § 3, 1991)
5.12.020 Sale of fireworks.
The retail sale of Class “C” fireworks as defined by AS 18.72.100(4)(A) through (K) shall be permitted within the corporate boundaries of the City when all Federal, State and local regulations and the provisions of this chapter have been complied with. The retail sale of all other classes of fireworks is prohibited. (Ord. 91-5 § 3, 1991; Ord. 08-09 § 2, 2008)
5.12.030 Sale of fireworks – Permit required.
Upon issuance of a State permit, a prospective retail vendor of Class “C” fireworks may apply for a City permit under the following terms and conditions:
A. Payment of a permit fee of $3,000 (three thousand dollars) for a single location within the City limits. An additional fee of $200 (two hundred dollars) shall be paid during each permit period to the North Pole Fire Department fire/accident prevention fund;
B. Registration for the collection and payment of sales tax as required by Chapter 4.08 NPMC;
C. Periods of sale are limited to June 20th through July 7th and December 15th through December 31st;
D. Retail vendors must comply with all applicable State and local fire safety codes;
E. The City shall be named as a coinsured on all insurance policies obtained by the vendor. The City shall require a $2,000,000 (two-million-dollar) combined single limit policy for personal liability, injury and property damage. Insurance must be underwritten on an occurrence basis rather than a claims made basis;
F. The City reserves the right to halt the sale of any fireworks it deems hazardous or a nuisance upon twenty-four hours’ written notice to the vendor. If a hazard is deemed an immediate hazard to persons or property by a Fire Department official, the sale of fireworks can be halted immediately until the hazard is corrected. Once corrected and inspected, the vendor may reopen for the sale of fireworks;
G. A permit issued under authority of this section may not be transferred and shall expire at midnight on December 31st of the year of issue;
H. If the sale of fireworks has been deemed hazardous and the sale prohibited by the North Pole Fire Chief between the dates of June 20th and July 7th, firework vendors may submit a request to the Mayor to reopen at a date later in the year equal to or less than the time of the prohibition. Once a request has been submitted, the Mayor will announce when the sale of fireworks will reconvene and for how long. (Ord. 13-10 § 2, 2013; Ord. 12-16 § 2, 2012; Ord. 01-07, 2001; Ord. 92-4 § 2, 1992; Ord. 91-5 § 3, 1991)
5.12.040 Use of fireworks.
The use of Class “C” fireworks as defined in NPMC 5.12.010 is permitted within the City for personal and private use on real property owned by the person, or on real property owned by another with the consent of the owner. (Ord. 91-5 § 3, 1991)
5.12.050 Public display – Permit required.
A. Fireworks other than Class “C” may be used for public displays by organizations or groups of individuals under the following conditions:
1. A permit is obtained from the Fire Chief;
2. In determining whether to issue or deny a permit for the use of fireworks at a public display, the Fire Chief shall consider the following:
a. The location of the proposed display and the surrounding property,
b. The type of fireworks and the length of the proposed display,
c. The danger of the proposed display to persons and property, and
d. The experience and competency of the person in charge of the proposed display in the use of fireworks;
3. The City shall be named as an additional insured on an insurance policy obtained by the vendor for the fireworks display and submitted to the Clerk’s office. The City shall require a $2,000,000 (two-million-dollar) combined single limit policy for personal liability, injury and property damage. Insurance must be underwritten on an occurrence basis rather than a claims made basis and provide for a thirty-day written notice of cancellation.
B. A permit issued under the authority of this section may not be transferred.
C. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a safe way for the particular type of fireworks. (Ord. 08-09 § 2, 2008; Ord. 91-5 § 3, 1991)
5.12.060 Age restrictions.
The sale of fireworks to any person under the age of eighteen is prohibited. (Ord. 99-17 § 2, 1999; Ord. 91-5 § 3, 1991)
5.12.070 Penalty for violation.
Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be fined an amount not exceeding $300 (three hundred dollars) or shall be imprisoned for a period not exceeding thirty days or both. (Ord. 91-5 § 3, 1991)
5.12.080 Mandatory review.
The governing body shall conduct a public review of the provisions of this section by April 30, 2009. The purpose of the public review is to determine whether or not the City desires to continue allowing the sale of fireworks within its boundaries. (Ord. 08-09 § 2, 2008; Ord. 01-07, 2001; Ord. 98-19 § 2, 1998; Ord. 95-3 § 2, 1995; Ord. 92-4 § 2, 1992)
5.12.090 AS 18.72.100 – Definitions.
In this chapter and fireworks regulations adopted in the State fire safety code,
(1) “dangerous fireworks” includes all fireworks that are not defined as salable fireworks;
(2) “fire safety code” means the fire safety code of the State adopted and administered by the division of fire prevention of the Department of Public Safety;
(3) “fireworks” means salable fireworks or dangerous fireworks;
(4) “salable fireworks” are ICC Class C Common Fireworks and shall include only those fireworks enumerated as ICC Class C Common Fireworks in the regulations of the Interstate Commerce Commission, as the regulations are presently constructed, and, more specifically, shall include and be limited to the following:
(A) roman candles, not exceeding 10 balls spaced uniformly in the tube, total pyrotechnic composition not to exceed 20 grams each in weight, any inside tube diameter not to exceed 3/8 inch;
(B) skyrockets with sticks, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch, with the rocket sticks being securely fastened to the tubes;
(C) helicopter type rockets, total pyrotechnic composition not to exceed 20 grams each in weight, and the inside tube diameter not to exceed 1/2 inch;
(D) cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each in weight, and the inside tube diameter not to exceed 3/4 inch;
(E) cone fountains, total pyrotechnic composition not to exceed 50 grams each in weight;
(F) wheels, total pyrotechnic composition not to exceed 60 grams for each driver unit or 240 grams for each complete wheel, and the inside tube diameter of driver units not to exceed 1/2 inch;
(G) illuminating torches and colored fire in any form, total pyrotechnic composition not to exceed 100 grams each in weight;
(H) dipped sticks, the pyrotechnic composition of which contains chlorate or perchlorate, that do not exceed five grams, and sparklers, the composition of which does not exceed 100 grams each and that contains no magnesium or magnesium and a chlorate or perchlorate;
(I) mines and shells of which the mortar is an integral part, total pyrotechnic composition not to exceed 40 grams each in weight;
(J) firecrackers with soft casings, the external dimensions of which do not exceed one and one-half inches in length or one-quarter inch in diameter, total pyrotechnic composition not to exceed two grains each in weight; novelties consisting of two or more devices enumerated in this paragraph when approved by the Bureau of Explosives.
(Ord. 08-09 § 2, 2008)