Ordinance # 97-01-64

 

 

Ordinance Adopting and Enacting Fireworks Regulations for the City of Horn Lake, Mississippi, Providing Penalties for Violations, and Repealing Ordinances # 74-21, 78-54, and 78-56

 

 

        Whereas, the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi, having made due investigation and on recommendation of the Horn Lake Fire Department, have determined that the sale, possession and use of fireworks needs to be regulated for the protection of the public health, safety and welfare, and that the existing ordinances addressing this subject are outdated and in need repeal, and

 

        Whereas, it is provided in Section 21-19-15 of the Mississippi Code Annotated, 1972, that the governing authorities of a municipality in Mississippi have the power to prohibit or regulate the sale or use of firecrackers, roman candles, torpedoes, skyrockets, and any and all explosives commonly known and referred to as fireworks.

 

        Therefore, be it ordained by the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi:

 

Section 1.

        That this shall be known as the Horn Lake Fireworks Ordinance, and the following sections of this ordinance be adopted and enforced in the City of Horn Lake, and

        That it shall be unlawful for any person, corporation, association or other entity to manufacture fireworks within the municipal corporate limits of the city.

        That is shall be unlawful for any person, corporation, association or other entity to sell fireworks within the municipal corporate limits of the City except on the sale dates provided herein.

        That it shall be unlawful for any person, corporation, association, or other entity to discharge fireworks within the municipal corporate limits of the City except on the dates and within the time restrictions as provided herein.

 

Section 2.  Definitions

        For the purpose of this ordinance, the following definitions shall apply when used herein:

a.    City means the City of Horn Lake and any and every place within the corporate limits of the City.

b.    Fireworks me and firecrackers, roman candles, torpedoes, skyrockets, and any and all explosives commonly known and referred to as fireworks; the term “fireworks” shall not include auto flares, toy pistols, toy canes, toy guns, and other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission regulations for packing and shipping of toy paper caps are used, or toy pistol paper caps manufactured as provided under the law, the use of which shall be permitted at all times.

 

Section 3.  Sale or Use of Fireworks

        It shall be unlawful for any person, corporation, association or other entity to sell or discharge fireworks within the municipal corporate limits of the city except during the dates of June 15th through July 5th, and December 20th through January 2nd, and as approved by Special Supervised Public Display Permit, during the hours of use described below.

        It shall further be unlawful to do damage to or interfere with the use of occupation of public or private property with said fireworks.

        Hours of Use:  The use of fireworks during the above-prescribed dates shall be limited to the following hours:

 

        Sunday                                      From Noon until 10:00 pm

        Monday through Thursday             From 8:00 am until 10:00 pm

        Friday and Saturday                     From 8:00 am until 12 Midnight

        December 31st and July 3rd            Hours of use shall be as prescribed above except that the ending time shall be

                                                1:00 are January 1st and July 4th respectively.

 

Section 4.  Special Supervised Public Display Permit

        Any person, corporation, association or other entity shall be allowed to obtain a permit for a supervised public display of fireworks at a cost of fifty dollars ($50.00), payable to the City General Treasury, after having met the following conditions:

1.    Application.  Within thirty (30) days of the scheduled supervised public display of fireworks, the applicant shall compete the application, which shall be obtained from the Fire Department and shall state that the applicant will comply with all fire and safety regulations as set forth by the Fire Department and brought to the attention of the applicant.

2.    Bond.  The applicant shall obtain a bond in a minimum amount of one hundred thousand dollars ($100,000.00) to satisfy claims for damages to property or personal injuries arising out of any act or omission as a result of the supervised public display of fireworks event.

3.    Standby Firefighters.  To pay the City Clerk’s office two hundred fifty dollars ($250.00) for each piece of fire equipment and personnel deemed necessary by the fire official per three-hour period.

If, in the opinion of the Fire Official, emergency conditions exist which warrant the immediate revocation of the supervised public display permit without prior notice, all money shall be returned to the applicant.

 

Section 5.  Violations and Penalties

        Any person, firm, partnership or corporation who shall knowingly and willfully violate the terms, conditions, or provisions of this Ordinance for violation of which no criminal penalty is prescribed, shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not to exceed $500.00 and/or imprisonment in DeSoto County Jail not to exceed thirty (30) days.  In case of continuing violations without reasonable effort on the part of the defendant to correct the same each day the violation continues thereafter shall be a separate offense.

 

Section 6.  Saving Clause

        If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed to be a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions hereof.

 

Section 7.  Repeal of Prior Ordinances

        Ordinances # 74-21, 78-54 and 78-56 shall be repealed in their entirety on the effective date of this ordinance.

 

Section 8. 

        This ordinance shall be in full force and effective thirty days after passage and being published according to the law.

 

Section 9.

        The foregoing ordinance, having been first reduced to writing, then read and considered section by section, and as a whole, and the same having been introduced by proper motion made by Alderman ___________, and duly seconded by Alderman _____________.  A roll call vote was taken.

 

        So ordained this the ______ day of ___________, 1997