For purposes of this article:

(a)   Consumer Fireworks - shall mean any small firework device designed to produce visible effects by combustion and are classified as consumer fireworks UNO336, and UNO337 by the U.S. Department of Transportation at 49 C.F.R. 172.101 and 27 C.F.R. 555.11 as may be amended. Metal sparklers are specifically excluded from this definition of consumer fireworks.

(b)   Display Fireworks - shall mean large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and are classified as display fireworks UNO333, UNO3334, or UNO335 by the U.S. Department of Transportation at 49 C.F.R. 172.101 and 27 C.F.R. 555.11.

(c)   Fireworks - shall mean any composition or device designed to produce a visible or audible effect by combustion, deflagration, or detonation.

(d)   Fire Chief - shall mean the duly appointed chief of the City of Plainville Fire Department or any person designated by said chief to enforce the provisions of this article.

(Ord. G-13-03; Code 2019)

(a)   It shall be unlawful for any person to ignite, discharge or cause to be discharged any fireworks in the City except as specifically permitted in this section.

(b)   Consumer fireworks may be discharged in the City of Plainville between the hours of 3:00 p.m. and 10:00 p.m. from July 1st to July 5th of each year, excluding July 4th when consumer fireworks may be discharged between the hours of 10:00 a.m. and 12:00 midnight.

(c)   Display Fireworks shall only be discharged in the west parking lot of the Max Malin memorial ball park.

(d)   It shall be unlawful for any person to recklessly or intentionally discharge, ignite or otherwise cause a firework:

(1)   To place another person in reasonable apprehension of immediate bodily harm;

(2)   To cause physical contact with another person;

(3)   To deface or damage real or personal property of another person without the consent of any such other person;

(4)   To ignite or otherwise cause the discharge of any firework(s) contrary to its normal intended use, instructions or directions.

(d)   Further, it shall be unlawful for any person to possess, ignite or otherwise cause the discharge of any firework that is not a consumer firework or any firework which is prohibited by federal or state statute or regulation.

(e)   Further, it shall be unlawful to ignite or discharge fireworks into, under or from any car or vehicle whether moving or standing.

(Ord. G-15-04; Code 2019)

It shall be unlawful for any person to sell, hold for sale or offer for sale at retail any fireworks within the city.

(Code 2019)

Any fireworks in the immediate possession or control of a person violating any city ordinance controlling the use of fireworks may be confiscated by any sworn law enforcement official, the fire chief or any member of the fire department who has been duly authorized by the fire chief. Confiscated fireworks shall be disposed of as directed by the governing body.

(Code 2019)

At all times that it is lawful for any person over the age of eighteen (18) years to possess and discharge permitted consumer fireworks, it shall also be lawful for a person under age eighteen (18) years to possess and discharge permitted consumer fireworks when such person does so under adult supervision and in the physical presence of the adult. It shall be unlawful for any person over the age of eighteen (18) years to permit a person under the age of eighteen (18) to discharge fireworks without adult supervision and in the physical presence of the adult.

(Code 2019)