CHAPTER 40. FIREWORKS GENERALLY
Sec. 40-101. Statement of purpose.
(a)It is declared to be the intent of the town to promote an environment free from danger or excessive noise which unnecessarily jeopardizes the health and welfare of the citizens of the town and degrades the quality of life in this community, without unduly prohibiting, limiting or otherwise regulating the function to certain noise-producing equipment which is not amenable to such controls yet is essential to the economy and quality of life of the community. The purpose of this article is to establish standards for the control of fireworks in the town and by prohibiting specific activities during designated times.
(b)In accordance with the statement of intent in subsection (a) of this section, it shall be unlawful for any person to violate any of the provisions or regulations as set forth in this chapter.
Sec. 40-102. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Explosive compound" means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat.
"Fireworks" means and includes:
(a) Any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance.
(b)"Fireworks" does not include sparklers or devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture.
(c)"Fireworks" also does not include novelties and trick noisemakers containing not more than 10 grams of pyrotechnic composition, and not containing mercuric thiocyanate, which novelty or trick noise maker is intended upon burning to produce smoke or a small report intended to surprise the user.
Sec. 40-103. Permits Required.
(a) It shall be unlawful for any person or firm to discharge or display any fireworks in the town limits, or to allow any such discharge of fireworks to enter the town limits, where such fireworks are designed or used to propel any projectile, flame, or shower of sparks a distance of greater than five feet into the air, or such fireworks are designed or used to produce a report that would be construed to meet definitions outlined in Chapter 60, Section 60-102 of the Town of Newbury Ordinances, unless such person or firm has obtained a permit issued from the Chief of the Newbury Fire Department or designee allowing such discharge or display.
(b) Permits issued for the discharge of fireworks shall specifically identify the type, class, and amount of fireworks authorized for discharge or display.
(c) Permits issued for the discharge of fireworks shall specifically identify and restrict the date / time / duration / location / & direction (if restricted), of the fireworks discharge or display.
(d) A permit issued under this article may be denied by the Chief of the Newbury Fire Department or designee where cause exists that environmental or any other condition should preclude such issuance.
(e) Any permit issued under this article may be revoked at any time by the Chief of the Newbury Fire Department or designee where cause exists that environmental or any other condition would otherwise have precluded such issuance.
(f) Fees for the issuance of permits required by this article shall be set by the Board of Selectmen, and collected by the Newbury Town Clerk.
(g) No permit issued under this chapter shall relieve the permit holder of any responsibilities or liabilities associated with any other rule, ordinance, or law governing the conduct of the permit holder, and no permit issued under this chapter shall provide for any exemptions to any other rule, ordinance, or law
Sec. 40-104. General regulations.
(a) It shall be unlawful for any person under the age of 17 years old to discharge or display any fireworks without the direct supervision of an adult.
(b) It shall be unlawful for any person or firm to discharge or display any fireworks without providing for the cleanup and removal of any and all resulting debris immediately following such discharge or display.
Sec. 40-105. Exemptions.
No permitting as required by this article shall be applicable to commercial firms otherwise required to obtain permits and authorization for fireworks display from agencies of the State of New Hampshire, and who have obtained such permits and / or authorizations as required by law.
Sec. 40-106. Penalty.
Any person or firm who violates any of the provisions of this article shall be guilty of a violation for each separate offense and shall be subject to a fine of $250.00 per violation.
Sec. 40-107. Payment of fines.
Payment of fines imposed by these regulations shall be made to the Newbury Town Clerk in a manner prescribed by that authority within ten (10) business days of the violation.
Sec. 40-108. Enhanced penalty.
(a) Any person who fails to comply with the provisions of Section 40-107 within ten (10) business days of the violation shall have the violation forwarded to a court of competent jurisdiction for prosecution of said offense.
(b) Any person who violates the provisions of this article three or more times within a twelve month period shall have the violation forwarded to a court of competent jurisdiction for prosecution of said offense.
(b) The penalty for offenses forwarded for prosecution in the district court shall be assessed in accordance with the provisions of state law.
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