[HISTORY: Adopted by the Mayor and Council of the Borough of South Plainfield 1-26-1976 by Ord. No. 693 (Ch. 104 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 52.
Police Department — See Ch. 84.
Fire prevention — See Ch. 230.
A. 
Upon proper application in writing, the Mayor and Council may, by resolution, grant permission for the public display of fireworks to any qualified group, person or persons approved by the governing body.
B. 
Said permission shall be on condition that the display of fireworks shall be conducted by a competent operator approved by the Chief of Police and Fire Chief of the Borough of South Plainfield, and that the display be of such character and so located, discharged and fired as to assure no hazard to persons or property. The opinions of the Fire and Police Departments shall be binding as to the foregoing.
C. 
The applicant shall set forth the date, hour and place of making such display and the place of storing such fireworks prior to the display, and further, the name or names of the person, persons, firm, partnership, corporation, association or group of individuals making the display and the name of the person or persons in charge of the igniting, firing, setting off, exploding or causing to be exploded of such fireworks. The location of the storage place shall be subject to the approval of the Chief of the Fire Department of the Borough of South Plainfield. No permit granted hereunder shall be transferable.
D. 
The Mayor and Council shall require surety, which may be cash, government bonds, personal bond or other form of insurance, in a sum of not less than $2,500, conditioned for the payment of all damages which may be caused either to a person or persons or to property by reason of the display so as aforesaid licensed and arising from any acts of the licensee, his agents, employees or subcontractors. Such surety shall run to the Borough of South Plainfield and shall be for the use and benefit of any person, persons or the owner or owners of any property so damaged who is or are authorized to maintain an action thereon, or his or their heirs, executors, administrators, successors or assigns.
E. 
A duplicate copy of the application and of the permit granted shall be forwarded to the Bureau of Explosives of the Department of Labor by the Borough of South Plainfield, and such copies shall be kept on file in the Department, subject to public inspection.
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Editor's Note: Original § 104-1, Sale or use of fireworks prohibited; exceptions, which immediately preceded this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person violating any of the provisions of this chapter shall be subject to a penalty for selling, offering or exposing for sale or having in possession with intent to sell any fireworks, as herein mentioned, the sum of $100 for each offense or imprisonment in the county jail for a period of 90 days, or both such fine and imprisonment, in the discretion of the Judge of the Borough of South Plainfield; and for using, discharging or causing to be discharged, ignited, fired or otherwise set in action, or having in possession any fireworks, a sum not exceeding $100 for each offense.
Any conflicts or inconsistencies between this chapter and N.J.S.A. 21:3-1 et seq. shall be governed by the provisions of N.J.S.A. 21:3-1 et seq.