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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 Page Three, EMERGENCY ORDINANCE 69 -14 -E0 KODIAK ISLAND BOROUGH By: BY: i. Presiding Officer Borough Chairman