[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank 8-18-2021 by Ord. No. 2021-16. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean and include all of the items described and set
forth in N.J.S.A. 21:2-3, which further provides that it is unlawful
to manufacture, sell, transport or use dangerous fireworks within
the state.
Shall include any combustible or explosive composition, or
any substance or combination of substances, or article prepared for
the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation.
Wood sticks or wire sparklers of not more than 100 grams of
pyrotechnic mixture per item;
Handheld or ground-based sparkling devices which are nonexplosive
and nonaerial, which may produce a crackling or whistling effect,
and contain 75 grams or less of pyrotechnic composition per tube or
a total of 500 grams or less for multiple tubes; and
Snakes and glow worms, smoke devices, and trick noisemakers,
which include party poppers, snappers, and drop pops, each consisting
of 25/100 grains or less of explosive mixture.
A.
The New Jersey Legislature has determined that the sale, exposure
for sale, use, distribution or possession of fireworks or pyrotechnics
in the State of New Jersey, except under limited and specific conditions,
is declared to be against the public health, safety and welfare of
the people of the State of New Jersey.
B.
N.J.S.A. 21:2-6 provides that it shall be unlawful to manufacture,
sell, transport or use dangerous fireworks within the state.
C.
Pursuant to N.J.S.A. 21:3-3, the governing body of any municipality
may, in its discretion, and upon application in writing, and upon
the posting of a suitable bond, grant a permit for the purchase, possession
and public display of fireworks by municipalities, religious, fraternal
or civic organizations, fair associations, amusement parks, or other
organizations or groups of individuals, approved by the governing
body of such municipality to whom the application is made. By resolution,
the governing body may grant permission and set forth the requirements
and conditions thereof, and the proposed display shall be of such
a character, and so located, discharged, or fired, as in the opinion
of the Chiefs of the Police and Fire Departments, after proper inspection,
shall not be hazardous to property or endanger any person or persons.
A.
It shall be unlawful for any person to offer for sale, expose for
sale, sell, possess or use, or explode any fireworks, as described
herein, including blank cartridges, toy pistols, toy cannons, toy
canes, or toy guns in which explosives are used; the type of balloon
which requires fire underneath to propel the same; firecrackers; torpedoes;
skyrockets, Roman candles, bombs, or other fireworks of like construction,
or any fireworks containing any explosive or inflammable compound
or any tablets or other device commonly used and sold as fireworks
containing nitrates, chlorates, oxalates, sulphides of lead, barium,
antimony, arsenic, mercury, nitroglycerine, phosphorus or any compound
containing any of the same or other explosives, or any substance or
combination of substances, or article prepared for the purpose of
producing a visible or an audible effect by combustion, explosion,
deflagration or detonation, other than aviation and railroad signal
light flares.
B.
Notwithstanding Subsection A hereinabove, it shall be lawful for a person to offer for sale, expose for sale, sell, store, possess, or use:
(1)
A toy pistol, toy cane, toy gun, or other device in which paper or
plastic caps containing 0.25 grain or less of explosive compound per
cap are used, providing they are so constructed that the hand cannot
come in contact with the cap when in place for use, and toy pistol
paper or plastic caps which contain less than 0.20 grain of explosive
mixture per cap;
(2)
Sparkling devices and novelties as defined in N.J.S.A. 21:2-2 if
the person is 16 years of age or older. Sparkling devices and novelties,
including their sale or use, shall not be subject to further regulation
by a municipality pursuant to N.J.S.A. 40:48-1, except that the storage
and sale of items listed in this subsection shall be consistent with
the standards set forth in NFPA 1124 National Fire Protection Association
Code for the Manufacture, Transportation, Storage and Retail Sales
of Fireworks and Pyrotechnic Articles, 2006 edition;
(3)
This section shall not apply to the Borough of Red Bank or any other
governmental unit provided, however, that the Borough and any other
governmental unit shall first comply with the provisions of New Jersey's
Fireworks Regulation Law, N.J.S.A. 21:2-1 et seq.
A.
Any person who violates the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in § 1-3 of this Code.
B.
Each and every day in which a violation of any provision of this
chapter or any other ordinance of the Borough of Red Bank exists shall
constitute a separate violation.
