Section 4-12. The Purchase, Sale, Possession, Or Use Of Fireworks Prohibited.
The purchase, sale, possession or use of fireworks within the corporate limits of the Town of Tryon is prohibited except during the period July 1st through July 5th annually. Provided that this Section shall not apply to the provisions of Sections 4-14 and 4-16 of this Code.
Section4-13. Definition Of Fireworks.
The term “fireworks” means any combustible or explosive composition, or any, substance or combination of substances, or articles prepared for the purpose of producing a visible or any 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, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, sparklers, or other fireworks of like construction, and any fireworks containing any explosive or flammable compound, or any tablets or other devices containing any explosive substance, except that the term “fireworks” shall not include toy pistols, toy canes, toy guns, or 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 used and toy pistol caps manufactured as provided therein, the sale and use of which shall be permitted at all times. Nothing in this Article shall be construed as applying to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, or applying to the military or naval forces of the United States or of this state, or to peace officers, or to prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events.
Section 4-14. Explosives.
It shall be unlawful and an offense for any person to keep or permit to be kept in the Town any blasting powder or giant powder, provided, the merchant for the purpose of sale, may keep in stock a quantity not greater than twenty-five (25) pounds of each kind. All the powder mentioned in this Section shall be stored and kept in cans, casks or canisters provided with tightly fitting lids, and such cans, casks or canisters Shall be placed in a box or chest securely covered on the entire outside with iron or other metal and shall be provided with substantial handles at each end and shall have the word powder printed thereon, and shall be kept at least twenty (20) feet from a place where there is a fire or open flames.
Section 4-15. Dynamite And Nitroglycerine.
It shall be unlawful and an offense for any person to keep or bring into, or permit to be kept or brought within the Town limits any dynamite or nitroglycerine without the consent or permission of the Board of Trustees.
Section 4-16. Public Displays: Application And Permits.
- Nothing in this Article shall be construed as applying to the purchase, sale, possession, or use of fireworks for public display by holders of a permit for the public display to be conducted in accordance with the rules and regulations herein specified.
- Public displays may be performed only under competent supervision and after the persons or organizations making such displays shall first apply for and receive a permit from the Board of Trustees.
- Such applications shall be made at least ten (10) days in advance of the proposed display, and shall show the location, who is to shoot the show, and the name of the display distributor who is to furnish the merchandise, and shall bear the signed approval of the Chief of Police and the Fire Chief.
Section 4-17. Violations: Penalty.
Any person, firm, corporation or association who shall violate or fail to comply with any provision of this Article or of any code adopted herein, or any legal order or regulation made pursuant thereto, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not to exceed five hundred dollars ($500.00), not including costs. Each act in violation on one or more of the provisions here of shall be deemed a separate violation of such provision and for each day during which any violation continues, a separate violation shall be deemed to have been committed.