[HISTORY: Adopted by the Annual Town Meeting of the Town
of Merrimack 4-9-2002 by Art. 22; last amended by Town Council 12-7-2017. Subsequent amendments noted where applicable.]
This chapter is enacted by the legislative body of the Town
of Merrimack for the protection and preservation of the health, safety
and welfare of the general public as authorized pursuant to RSA 160-B:10
and RSA 160-C:6.
As used in this chapter, the following term(s) shall have the
meanings indicated:
The use, explosion, activation, ignition, discharge, firing
of a firework as defined by RSA 160-5:1.
The Chief of the Merrimack Fire Department or a named and
authorized designee.
Any composition or device designed to produce a visible or
audible effect by combustion, deflagration, or detonation as defined
by RSA 160-B:1 and RSA 160-C:1. Fireworks shall include all fireworks,
including but not limited to, "consumer fireworks," "display fireworks,"
or "permissible fireworks" as defined by RSA 160-B:1 and RSA 160-C:1.
Fireworks shall not include auto flares, party poppers, sparklers,
paper caps containing an explosive content of 0.25 grain (16.2 mg)
or less, and toy pistols, guns, canes or other devices for use of
such caps, the sale and use of which shall be permitted at all times.
Any natural person, corporation, unincorporated association
or other legal entity, including that person's agents, legal
representatives, heirs, and/or successors and assigns.
The Chief of the Merrimack Police Department or a named and
authorized designee.
To sell, give, or transfer to another, with or without consideration,
as defined by RSA 160-B:1 and RSA 160-C:1.
Pursuant to RSA 160-B:10 and RSA 160-C:6, the sale of fireworks
within the Town of Merrimack shall be prohibited.
The Fire Chief/Police Chief shall be authorized to seize, take,
remove or cause to be removed, at the expense of the owner, all fireworks
possessed or offered for sale in violation of this chapter.
The regulations set forth in this chapter are to be read in
the context of and in concert with all applicable local, state and
federal regulations. To the extent that these regulations differ from
other applicable local, state and federal regulations, the more stringent
regulations apply.
Any person who violates the provisions of this chapter, in addition
to the penalties set forth in RSA 160-B:1 et seq. and RSA 160-C:1
et seq., shall be subject to civil fines and penalties not to exceed
$1,000 for each offense.
A.
The discharge of fireworks shall be performed only on property owned
by the person or a person who has legal rights to the property or
shall have written permission from the legal property owner to discharge
fireworks on said property in their possession.
B.
Fireworks shall not be discharged between the hours of 11:00 p.m.
and 10:00 a.m. of each day. The Fire Chief may issue a Fireworks Discharge
Permit between the hours of 11:00 p.m. and 10:00 a.m. if they, at
their sole discretion, deem the request reasonable.
In the event any of the provisions of this policy are held by
a court of competent jurisdiction to be unenforceable or contrary
to any state or federal law, the remaining provisions of this policy
shall remain in full force and effect.
