fireworks

RECOMMENDED CHANGES TO

PENDING FIREWORKS ORDINANCE AMENDMENT

AMENDMENT TO ORDINANCES REGARDING

FIREWORKS

THE CITY OF ROCHESTER ORDAINS:

That Chapter 23 of the General Ordinances of the City of Rochester, entitled Fire Safety Measures, as presently amended, be further amended by inserting in said Chapter the following Section, to be known as Section 23.13 of the General Ordinances of the City of Rochester:

23.13 Prohibition and regulation of Fireworks.

A. In accordance with the provisions of RSA 160-C, it shall be illegal for any person, firm, partnership or corporation to offer for sale, expose for sale, sell at retail, purchase, possess, use, explode or display any permissible fireworks within the City of Rochester, except as specifically provided for in this ordinance.

B. As used in this ordinance:

i. "Display'' means the use, explosion, activation, ignition, discharge, firing or any other activity which is intended to cause or which causes a firework to do what it was manufactured to do.

ii. "Permissible fireworks'' means the items on the permissible fireworks list established pursuant to RSA 160-C:15, I, and the fireworks listed in RSA 160-C:1, V, as currently written, or as from time to time hereafter amended, provided they meet all applicable federal rules, regulations, and standards:

C. Subject to, and in accordance with the provisions of Chapter 160-C of the New Hampshire Revised Statutes Annotated it shall be lawful to possess and/or display permissible fireworks upon compliance with the following requirements:

i. The City, and any fair association, amusement park, organization, or individual aged 21 years or older, may display permissible fireworks subject to the provisions and restrictions of this ordinance.

ii. No display of permissible fireworks shall be permitted within the City except between the hours of 6 PM and 11 PM on any Friday, Saturday, or on the day before and the day of the following two (2) holidays; Labor Day and Fourth of July, or New Year’s Eve (December 31^st), provided, however, that on New Year’s Eve such display shall be permitted to occur between the hours of 6 PM on December 31^st and 1:00 AM on January 1^st.

iii. The display shall be of such a character, and so located and conducted, that it shall not be hazardous to property or endanger any person.

D. A violation of this ordinance shall be subject to the penalties provided for in Chapter 23, Section 23.11, Penalty, of the City of Rochester General Ordinance.

E. This ordinance shall be construed consistently with NFPA 1, Fire Prevention Code, under the then current applicable State Fire Code, Fireworks Chapter, as applicable by state statute and as adopted by reference in Section 23.1, of the General Ordinances of the City of Rochester, and is not meant to repeal any section thereof.

Amended version of proposed

addition to fire code ordinances

2^nd reading 3/4/08

amended and adopted 3/4/08