[HISTORY: Adopted by the Mayor and Council of the Borough of Clayton 6-28-1979 by Ord. No. 79-11. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 59.
It shall be unlawful for any person, without first obtaining a permit pursuant to N.J.S.A. 21:3-3 et seq., to offer for sale, expose for sale, sell, possess, use or explode any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of balloon which requires fire underneath to propel the same; firecrackers; skyrockets, Roman candles, bombs, sparklers or other fireworks of like construction; or any fireworks containing any explosive or flammable compound or any tablets or other device commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerin or phosphorous, 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 flares, except:
A. 
That it shall be lawful for any person to offer for sale, expose for sale, sell, possess or use, or explode any toy pistol, toy cane, toy gun, or other device in which paper or plastic caps containing .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 .20 grain of explosive mixture per cap; and
B. 
As further provided in N.J.S.A. 21:3-1 et seq.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person violating any portion of the preceding section shall be subject to a penalty:
A. 
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 by imprisonment in the county jail for a period of 90 days, or by both such fine and imprisonment in the discretion of the court having jurisdiction.
B. 
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.