Chapter 95

EXPLOSIVES AND FIREWORKS

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 4-13-1993 as Ord. No. 298. Amendments noted where applicable.]

GENERAL REFERENCES

Firearms and weapons -- See Ch. 99.

~ 95-1. Explosives and fireworks.

  No person shall store, sell, offer or expose for sale, have in possession with intent to sell or use, discharge or cause to be discharged, ignite, fire or otherwise set in action any explosive(s), firework(s), firecracker(s), rocket(s), torpedo(es), roman candle(s), fire balloon(s) or other fireworks or substances of any combination designed or intended for pyrotechnics display within the town limits of Elsmere without first obtaining a permit as provided for in 16 Delaware Code, ~~ 6903 and 6906, and ~ 95-3 of this chapter.

~ 95-2. Definitions.

  As used in this chapter, the following terms shall have the meanings indicated:

          EXPLOSIVE -- Any chemical compound or mechanical mixture, whether commercially or homemade, that is commonly used or intended for the purpose of producing an explosive that contains any oxidizing and combustible units, or other ingredients in such proportions, quantities or packing that when ignited by fire, friction, concussion, percussion or detonator may cause a sudden generation of highly heated gases that are capable of producing destructive effects on contiguous objects or of destroying life or limb and including but not limited to the articles specified below;

           A.     Liquid nitroglycerin.

           B.     Explosives containing over sixty percent (60%) of nitroglycerin (except gelatin dynamite).

           C.     Explosives having an unsatisfactory absorbent or one that permits leakage under any condition during transportation or storage.

           D.     Nitrocellulose in dry condition, in quantities greater than ten (10) pounds.

           E.     Fulminate of mercury in dry, bulk condition and fulminate of all other metals in any condition, except as a component or manufactured article.

          FIREWORK -- Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, balloons which require fire underneath to propel, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers or other fireworks of like construction and any fireworks, caps, tablets or other device containing an explosive or flammable compound, whether commercially or homemade. The term "firework" shall not include toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission regulations for packing and shipping of toy paper caps are used and toy pistol paper caps manufactured as provided therein, the sale and use of which shall be permitted at all times.

          HOMEMADE DEVICE -- Includes commercial or homemade devices that are of combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing visible or audible effect by combustion explosion, deflagration or detonation.

~ 95-3. Storage and detonation.

     A.     Explosives or fireworks may be stored and/or detonated on property within the corporate limits of the Town of Elsmere only for a special event, activity or assembly of limited duration and only after obtaining a permit as provided for in 16 Delaware Code, ~~ 6903 and 6906, and a permit from the Council of the Town of Elsmere and conducted according to a prearranged schedule approved by the Council of the Town of Elsmere.

     B.   The Council, in granting any exclusionary waiver pursuant to this section, may require any conditions it deems necessary to protect the public interest against any adverse impact on the health, safety and welfare of persons and property within the town.

     C.     Noncompliance with any provision of this section or any condition of the exclusionary waiver shall be sufficient cause for termination of such waiver and shall subject the person holding such waiver to penalties prescribed in ~ 95-6 of this chapter.

~ 95-4. Exemptions.

  This chapter shall not apply to the transportation of any article shipped in conformity with the regulations prescribed by the Interstate Commerce Commission, to the military or naval forces of the United States, duly authorized militia of any state thereof and any authorized government agency.

~ 95-5. Enforcement and confiscation.

  The Elsmere Public Safety Department shall have the power to enforce this chapter and confiscate any explosive(s) or firework(s) in violation of this chapter from any person or property within the Town of Elsmere.

~ 95-6. Violations and penalties.

  Any person, firm, association or corporation violating any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.) for the first offense and no more than two hundred fifty dollars ($250.) for each subsequent offense.