SECTION 16:2.      SALE, DISTRIBUTION OF FIREWORKS RESTRICTED;


                                    EXCEPTIONS; VIOLATIONS AND PENALTIES


 


       A.     It shall be unlawful for any person, persons, groups, firm or agency to discharge any type of fireworks or small explosives of the type usually associated with holiday celebrations anywhere within St. John the Baptist Parish, other than specifically provided for within this ordinance.


 


       Certain exceptions are provided as follows:


      


                1.  New Year’s Day from dusk until 10:00PM.


                2.  Fourth of July from dusk until 10:00PM.


                3.  New Year’s Eve from dusk until 1:00AM New Year’s Day morning.


                4.  Christmas Day from dusk until 10:00PM.


                5.  Christmas Eve from dusk until 10:00PM.


 


       B.     All discharging of fireworks by the general public shall be done with the supervision of responsible adults.  Anyone under the age of 15 shall be prohibited from discharging fireworks without the direct supervision of a parent, guardian or other responsible party.


 


       C.     Retail sales of approved fireworks shall be permitted seven (7) days in advance of any approved holiday or other day where the discharging of fireworks by the general public is permitted by paragraph A of this section.


 


       D.    All fireworks sold to and used by the general public shall be of an approved type, meeting or exceeding the requirements of all state and federal agencies having jurisdiction over the import, sales, trade and distribution of said fireworks.


 


 


        E.    All retail sales of fireworks in St. John the Baptist Parish shall be conducted by those entities holding the required occupational licenses, having appropriate proof of insurance and meeting all of the same requirements of businesses actively in permanent or temporary trade in St. John the Baptist Parish.  Wholesale and retail sale of approved Class (C) fireworks may be sold in St. John the Baptist Parish by an approved entity holding the required occupational licenses, having appropriate proof of insurance and in compliance with the term of this section.  No fireworks may be sold within 1000 feet from any facility manufacturing, using, handling and/or storing flammable and/or combustible materials, or sold to those not in possession of a valid driver’s license.  Retail or wholesale of approved fireworks will not be permitted nearer than 500 feet from any residence, school, hospital, nursing home or church.


 


        F.     Written PERMIT approval from the Sheriff’s Office and Civil Defense Department of St. John the Baptist Parish shall be required where fireworks displays are desired to enhance a political, educational, religious, sporting, charity or similar special event requested on days other than those approved by this ordinance.  Large organized and/or professional pyrotechnic displays of a commercial type shall require the aforementioned approvals, as well as approval of the governing authority.  In addition, the permit holder shall maintain at his/her expense general liability insurance in the amount of $2,000,000.  The Parish of St. John the Baptist must in addition also be named as a coinsurer and be issued a hold harmless agreement prior to issuance of a parish permit.


 


        G.    Notwithstanding any other provisions of federal, state and local laws, nothing contained herein shall in any way restrict, prohibit or discourage the wholesale, trade, distribution or manufacture of products or services to the fireworks industry within St. John the Baptist Parish.


 


        H.    No fireworks will be allowed to be discharged closer than 500 feet from any hospital, church, nursing home or school that is occupied.


 


        I.     No fireworks may be discharged indoors or in a confined space, nor closer than 1000 feet from any facility where flammable/combustible and/or hazardous materials are used, manufactured or stored.


 


        J.     Discharging of fireworks near products that will support combustibles are prohibited (Paper, dry grass, wood or pulp, etc.)


 


        K.    No fireworks shall be modified in anyway from its original design, nor combined with any other devices in an attempt to increase the energy or loudness of the discharging.


 


        L.    Violators of any part of this ordinance, upon conviction in a court of proper jurisdiction, shall be guilty of a misdemeanor and shall be fined not less that Fifty ($50.00) Dollars or not more that Five Hundred ($500.00) Dollars.


 


        M.   On Premise Signs – applicants who hold all proper permits for retail sales of fireworks shall be allowed one (1) seasonal on-premise sign not to exceed 4’X8’X6′ to be posted at the retail location and removed at the end of each holiday celebration at Part A of this Chapter.  To receive the sign permit the applicant will submit a construction drawing that shows the face of the sign, the height of any supports, the support structure, and the name, logo, or any message to appear on the face.  The sign shall be permitted for the duration of the occupational license.  The occupational license accompanying the sign shall appear on the permit placard.  There shall be a fee of $30.00 for a single on-premise fireworks sign.


§ 16:2


 


        N.    Off Premise Signs – applicants desiring to post Off-Premise Signs shall adhere to the signage requirements of the Zoning District at the retail location.  All Off-Premise Signs are subject to the requirements of the State of Louisiana DOTD and local regulations.  Applicants must meet all State requirements before an application will be processed by St. John the Baptist Parish.


 


(Resolution of August 1, 1968, as amended by Motion of January 15, 1976; Ord. No. 98-55, 6-9-98; Ord. No. 99-35, 6/15/99)


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        Comment — The 1976 amendment set the fine schedule as provided above.