Aldermen pass new fireworks ordinance

Aldermen pass new fireworks ordinance


GLUCKSTADT — With the Fourth of July approaching, alderman have adopted a fireworks ordinance.

“The city wanted to strike a balance between allowing people to buy and sell fireworks and ensuring safety,” Mayor Walter Morrison said. “This ordinance does that.”

According to the ordinance passed last month, fireworks are classified as Class C (common fireworks such as firecrackers, small Chinese crackers, skyrockets, bottle rockets, small-non-explosive Roman candles and rockets, pyrotechnics commonly known as "snap pops," or other matter or similar substances) and Class B (exhibited and professional fireworks displays).

Fireworks within municipal limits are permitted on these days:

• Independence Day (July 4) — 8:00 a.m. to 11:00 p.m.

• Christmas Holiday (Dec. 25) — 8:00 a.m. to 11:00 p.m.

• New Year’s Holiday (Dec. 31 and Jan. 1) — 8:00 a.m. to midnight.

When applying for a permit to sell fireworks, an applicant should file a written application duly subscribed and sworn by them. 

Additionally, an applicant must obtain a Conditional Use permit secured from the Planning and Zoning Department for fireworks stands in any C-2 zone, and the applicant must also obtain a Transient Vendor privilege license and notify the Police Department in accordance with Section 406.08 of the City's adopted Zoning Ordinance. 

Once approved by the Board of Aldermen, a Conditional Use permit will remain valid unless modifications are made to the site, the temporary structure, or the location.

The following applies to the sale of fireworks in Glucsktadt: 

• The name of the association, organization, or corporation, together with the names of the persons to be in charge of the sales, the dates and time of the day at which the sales are to be held, and a diagram/sketch of the location to serve as a sales location.

• A license fee for the sale of fireworks at each location shall be in the sum of $250.00, and a structure erected for the sale of fireworks shall comply with those requirements set forth through the ordinance, and all other city ordinances or regulations. The structure must be approved for occupancy, including no smoking signs, exit signs, and fire extinguishers.

• City representatives, including the Building Inspector, as well as a fire official, are authorized to inspect the site and make periodic follow-up checks, as deemed necessary, to ensure continued compliance. 

• Fireworks must not be sold or kept for sale in a place of business where paints, oils, varnishes, turpentine of gasoline, or other flammable substances are kept. Fireworks should be stored in a room set aside for storage of fireworks only and shall have a sign over the entrance that reads, “Fireworks – No Smoking - Keep Open Flames Away.”

• Firework sales are seasonal sales only, within the times permitted by state law. No fireworks should be sold or offered for sale within the City of Gluckstadt before June 15 and after July 5, before Dec. 5, and after Jan. 2 of each year. 

• Permitted holidays recognized for the purpose of sale should be limited to July 4, Dec. 25, Dec. 31, and Jan. 1.

• All retailers are forbidden to expose fireworks where the sun shines through the glass on the merchandise displayed, except where fireworks are in the original package, and all fireworks kept for sale on front counters must remain in original packages, except where an attendant is on constant duty, or the firework is equipped with a threaded safety fuse. 

• All retail stands must display a minimum of four “No Smoking” signs in a prominent place, viewable to the public. The permittee shall be responsible for strict enforcement of the no-smoking regulation. 

• It is unlawful for fireworks to be stored, kept, sold, or discharged within 300 feet of the property line of any gasoline pump, gasoline filling station, gasoline bulk station, or any building in which gasoline or volatile liquids are sold. Additionally, all fireworks sales sites are required to be 2,500 feet away from other existing fireworks outlets, and 500 feet from any residential properties. • It is also unlawful to sell any type of fireworks that have not been evaluated and approved for sale and use within the State of Mississippi by the state Fire Marshal.

• All fireworks sales must be located in the Highway Commercial District (C-2) as defined by the City's Zoning Ordinance. 

• Fireworks also must not be sold to anyone under 16 years of age or anyone under the influence of alcohol or drugs.

• The discharging, shooting, and igniting of Class C fireworks within the municipal limits of the City of Gluckstadt is limited to permitted holidays. It is unlawful for any person to shoot, discharge, fire, explode, or otherwise use any fireworks on or in any of the streets, sidewalks, alleys, residential areas, or elsewhere within the city limits, except during the permitted dates and times listed under the permitted holidays. Any violation will be punished by a $50 fine.

• It is also unlawful to throw, toss or aim any fireworks at any person, animal, or vehicle, explode any fireworks within three hundred 300 yards of any railroad depot or warehouse, or within 500 feet of any church or school (while in session or during a church or school-sponsored event), hospital, asylum, or within 300 feet of where fireworks are offered for sale. 

• Violations of this ordinance shall be unlawful and shall be punishable by a $1,000 fine or imprisonment of 90 days. 

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