1969-14 Regulating Sale, Use, Control of FireworksKODIAK ISLAND BOROUGH
EMERGENCY ORDINANCE NUMBER 69 -14 -EO
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH REGULATING
THE SALE, USE AND CONTROL OF FIREWORKS AND DECLARING AN EMERGENCY
WHEREAS, Section 07.15.724 authorizes second -class
boroughs to provide for fireworks control in areas/outside of
cities and
WHEREAS, the Fourth of July celebr, ion is imminent
and the sale, exposure for sale, use or explosion of fireworks
is prohibited within the corporate limit,/of the City of Kodiak
but in years past has created problems when fireworks have been
available for sale in areas immediately adjacent to the City but
outside the corporate limits and the situation creates a public
emergency affecting life, health, and property.
NOW, THEREFORE, BE IT 'ORDAINED by the Borough Assembly'
of the Kodiak Island Borough as follows:
The Kodiak Island Borough Code of Ordinances be and
the same is hereby amended by adding thereto Chapter 7 dealing
with the sale, exposure for sale, use or explosion of fireworks
in the area outside cities which shall read as follows:
Chapter 7. Sale, Exposure for Sale, Use, and
Explosion of Fireworks
Section 1 It shall be unlawful for any person,
busi ness, corporation, association, club Or
organization to sell, expose fot sale, offer for
sale, use or explode any fireworks within the
corporate limits of the Kodiak Islaand Borough
in the area outside of City, exce as otherwise
provided in this Chapter.
Section 2. Exceptions for authoriz d displays.
A. Fireworks may be used for pulic dis-
plays by municipalities, fair\associa-
tions, amusement parks, or othilsr
organizations or groups of individuals,
if:
1. A permit is obtained from the Borough
Chairman or any Borough employee
designated by him;
Page One, EMERGENCY ORDINANCE 69 -14 -EO
2. A bond is filed with the Borough
in the amount of at least $500.00
to insure payment of all damages
to persons or property caused by
the display. The bond requirement
will not be offered if the holder
of the permit has in effect an
insurance policy which accomplishes
the same purpose as the bond.
B. No permit is transferable.
Section 3. Permissible sales and uses.
A. Nothing in this ordinance shall be con-
strued to prohibit:
1. Any resident wholesaler, dealer, or
jobber from selling at wholesale those
fireworks which are not prohibited by
this ordinance, provided such person
has a valid state license to conduct
such business.
2. The sale of any kind of fireworks if
the fireworks are to be shipped directly
from the State in accordance with the
regulations with the United States
Interstate Commerce Commission.
3. The use of fireworks by any person, firm
or corporation as a signal for distress
in the event of a vehicle or vessel
being disabled or illumination under the
same circumstances,/
4. The sale or, use of_" blank cartridges for
a show or theater%
5. The use of tirewbrks for signal or
ceremonial pµrp6ses in athletic events
or parades. 1
6. The use by re itary organizations.
Section 4. Definitio of \fireworks.
A. In this ordin ce 'fireworks" includes any
combustible o}` expl sive composition or any
substance or combination of substances or
article prepared for\the purpose of producing
a visible 'r an audible effect by combustion,
explosion, deflagration or detonation, and
includes blank cartridges, toy pistols, toy
cannons,/ toy canes, or guns, in which
explosi'esare used, balloons which require
explosive propellant, firecrackers, torpedoes,
skyrockets, Roman candle!, Daygo bombs, or
other fireworks of like Construction, which
contain any explosives or'\ compound,
or any tablets or other device containing any
explosive substance, except that the term
"fireworks" shall not include sparklers,
auto flares, paper caps containing not in
excess of an average of twenty -five hundredths
of a grain of explosive content per cap manu-
factured in accordance with the Interstate
Commerce Commission regulations for packing
and shipping, as provided therein, and toy
pistols, toy canes, toy guns or other devices
for use of such caps, the sale and use of
which shall be permitted at all times.
Page Two, EMERGENCY ORDINANCE 69 -14 -EO
ATTEST:
Section 5. Penalties.
A. Every person, firm, corporation, club,
association or organization violating
this ordinance shall be punishable by
fine not exceeding THREE HUNDRED and
No /100ths ($300.00) DOLLARS or by
imprisonment not exceeding thirty (30)
days or by both such fin�ee and imprison-
ment, together with cos,£s of presecution
for each separate offense.
Section 6. Severability J
A. If any provision of this ordinance, or
the application th!reof to any person or
circumstance is h d invalid, the remainder
of this ordinanc and the application
thereof to othe persons or circumstances
shall not be a ected thereby.
PASSED AND APPROVED. his 19th day of June, 1969.
Borough Clerk
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KODIAK ISLAND BOROUGH
By:
BY: i.
Presiding Officer
Borough Chairman