Westminster Municipal Code Title VI Chapter 8



6-8-6:  PENALTY

6-8-1:  DEFINITIONS:  (1224 2001 2447)  The following words, terms and phrases, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

“Fireworks” shall mean any combustible or explosive composition, article, device, substance or combination of substances, prepared for the primary purpose of producing a visual or auditory sensation by combustion, explosion, deflagration or detonation, including, without limitation, the following articles and devices commonly known and used as fireworks:  toy cannons, toy cones, toy pistols or toy guns in which explosives are used (unless excepted below), blank cartridges, firecrackers, torpedoes, skyrockets, Roman candles, sparklers, or other devices of like construction, and any devices containing any explosive or flammable compound, or any tablets or device containing any explosive substances.
“Fireworks” do not include auto flares or other emergency signal devices, or paper caps containing an average of twenty-five hundredths (0.25) grain or less of explosive content per cap, or toy pistols, toy canes, toy guns or other devices for use of such caps.

“Pyrotechnic Special Effects Material” (“Special Effects”) shall mean a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment productions.

6-8-2:  PROHIBITED ACTS:  (1224 2001 2447 3327)  It shall be unlawful for any person within the City to sell, offer for sale, or possess with intent to offer for sale, or to use or explode any fireworks or pyrotechnic special effects material, except as provided in Section 6-8-3, W.M.C.,  and Section 11-10-6, W.M.C.

6-8-3:  PERMITS FOR DISPLAY:  (1224 2001 2447 3327)

(A) Any organization or public entity may apply for a permit for supervised public displays of fireworks and pyrotechnic special effects material.  Application for a permit shall be made in writing at least fourteen (14) days in advance of the date of display.  Before a permit is granted, the operator and the location and handling of the display shall be investigated by the Fire Chief or his designee.

(B) The permit shall be granted if the Fire Chief finds that the permit application, operator, and conditions meet the requirements of the Fire Code as adopted by the City in Title XI, Chapter 10, other requirements of this Code, and other reasonable requirements the Fire Chief deems necessary to protect the public welfare.

(C) A permit shall not be transferred or assigned.

(D) If the operations of a permittee require additional City personnel to be assigned to the permitted event in order to protect the public welfare, the permittee shall pay in advance all labor and equipment costs associated with the assignment of such additional personnel.

6-8-4:  INSURANCE:  (1224 2001 2447)

(A) No permit for a display of fireworks shall be issued pursuant to Section 6-8-3, W.M.C., until the applicant furnishes the City with a certificate of insurance, naming the City as an additional insured for purposes of the display, demonstrating the applicant's insurance coverage for liability for physical injury and property damage in an amount not less than one million dollars ($1,000,000).

(B) No permit for use of pyrotechnic special effects material shall be issued pursuant to Section 6-8-3, W.M.C., until the applicant provides evidence that the applicant or the owner/manager of the site for such use is insured for liability for physical injury and property damage in an amount determined by the Fire Chief to be reasonable for the type of such material to be used and the physical conditions of the site.

6-8-5:  SEIZURE OF FIREWORKS:  (1224)  Any police officer of the City, or the Fire Chief or his designee, shall seize, take and remove, at the expense of the violator, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this Chapter.

6-8-6:  PENALTY:  (2001 2447)  It shall be unlawful for any person to violate a provision of this Chapter.  A violation of any provision of this Chapter shall be a criminal offense, punishable by imprisonment or fine or both, as provided in Section 1-8-1, W.M.C., and may also be subject to civil remedies provided by Chapter 4 of Title VIII of this Code.  A separate offense shall be deemed committed upon each day such person is in violation of this Chapter and for each separate incident within a day.  The Court shall consider the issue of restitution to any victim suffering personal injury or property damage through the illegal use of fireworks.

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