The term, “fireworks” shall mean and include any combustible or explosive composition, or any substance or combination of substance, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers or other fireworks of like construction and any fireworks containing explosive or flammable compound, or any tablets or other device containing any explosive substance. Nothing in this Article shall be construed as applying to toy paper caps containing not more than twenty-five hundredths (.25) of a grain of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial or theatrical or athletic events, nor as prohibiting the firing of skyrockets or missiles when produced by the science class of any school and when under the supervision of the science instructor and when the place and time of the firing of the skyrocket or missile has been approved by the Fire Chief.
(R.O. 1965, Sec. 5-501)
(a) The City Council recognizes the desire of the citizens of Wakefield to use fireworks within the city limits to celebrate the Fourth of July holiday.
(b) The City Council recognizes that while the use of fireworks is traditionally associated with the celebration of the Fourth of July holiday, some restrictions on their use are essential to the enjoyment of the holiday by all citizens. The following restrictions are hereby adopted:
(1) There shall be no use of fireworks within the city limits of Wakefield prior to the first (1st) day of July each year.*
(2) Use of fireworks shall terminate at 10:00 p.m. on the fifth (5th) day of July each year and there shall be no fireworks discharged within the city limits of Wakefield until the first (1st) day of July the following year.**
(3) During the period when the use of fireworks is authorized within the city limits, their use shall terminate at 10:00 p.m. July 1st and 2nd, will not resume until 12:00 p.m. (noon) the following morning, and shall terminate by 11:59 p.m. July 3rd and 4th, and by 10:00 p.m. July 5th.
(4) Aerials will terminate at 10:00 p.m. on July 1st, July 2nd, July 5th, and by 11:59 p.m. on July 3rd and 4th.
(5) There shall be no discharge of fireworks at the City Industrial Park.
(c) The City Council recognizes the desire of the citizens of Wakefield to use fireworks within the city limits to celebrate New Year’s Eve.
(d) The City Council recognizes that while the use of fireworks is associated with the celebration of New Year’s Eve, some restrictions on their use are essential to the enjoyment of the holiday by all citizens. The following restrictions are hereby adopted:
(1) *Fireworks are allowed to be used on New Year’s Eve.
(2) **Use of fireworks shall terminate at 12:30 a.m. (January 1).
(e) Violations of this section shall be a Class B nonperson misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50) nor more than One Thousand Dollars ($1,000) and not more than 6 months imprisonment plus the costs of the action.
(R.O. 1965, Sec. 5-502, Ord. 1195, Ord. 1233; Ord. 1257; Code 2015; Ord. 1337; Ord. 1354)
(a) Sales Period: Fireworks can be sold from June 28 to July 5, between 8:00 a.m. and 10:00 p.m. Only "Class C Fireworks" (excluding bottle rockets) are allowed.
(b) Permit Requirement: Sellers must have a valid permit from the City of Wakefield, costing $500, payable by cash, certified check, or money order. Permits must be renewed annually.
(c) Zoning Restrictions: Fireworks can only be sold in commercial zones (C1 & C2) and the Industrial Park. Sales are not allowed in residential areas. The Fire Chief and building official must approve all sales and storage locations.
(d) Application Process: Permit applications must be submitted at least 14 business days before the intended sale date for review and approval by the Fire Chief. Proof of a sales tax number or exemption certificate is required.
(e) Liability and Insurance: Sellers must indemnify the city against any claims and maintain a $1,000,000 liability insurance policy, providing a certificate of insurance to the city.
(f) Regulations: The Fire Chief will establish and update regulations regarding sale facilities and safety requirements.
(g) Industrial Park Specifics:
(1) The City may charge a concession fee for sales in the Industrial Park, set by the City Council before June 28 each year.
(2) No discharge of fireworks is allowed in the Industrial Park.
(3) Merchants must show proof of $1,000,000 liability insurance before a permit is issued.
(Ord. 1236; Ord. 1256; Code 2015; Ord. 1358)