Fireworks Ordinance

Fire Works Ordinance

Ordinance #20-11-267

ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF HORN LAKE, MISSISSIPPI, AMENDING THE CITY FIREWORKS ORDINANCE BY AMENDING THE DEFINITION OF FIREWORKS AND BY ADDING AND AMENDING THE SALE OR USE OF FIREWORKS REGULATIONS

WHEREAS, pursuant to Miss. Code Ann. § 21-17-5, as amended, the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi (the “Governing Authority”), has the authority to adopt any orders, resolutions, or ordinances with respect to the municipal affairs of the City, which are not inconsistent with the Mississippi Constitution of 1890 or any other statute or law of the State; and

WHEREAS, pursuant to Miss. Code Ann. § 21-19-1 et seq., as amended, the Governing Authority has the power to make all necessary rules and regulations to secure the general health of the City; to preserve good order and peace of the City; and to adopt codes dealing with the general public health, safety, and welfare; and

WHEREAS, pursuant to Miss. Code Ann. § 21-19-15(3), as amended, the Governing Authority has the power to regulate the sale or use of fireworks; and

WHEREAS, the Governing Authority has found and determined that it is necessary for the promotion and protection of the health, safety, and general welfare of the citizens of the City to amend the City Fireworks Ordinance.

NOW THEREFORE, be it ordained by the Mayor and Board of Aldermen of the City of Horn Lake as follows:

1.            Section 16-66 of the Code of Ordinances, City of Horn Lake, Mississippi, is hereby amended to read as follows:

Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fireworks means firecrackers, Roman candles, torpedoes, sky rockets and any and all explosives commonly known and referred to as “1.4G Consumer Fireworks.” The term “fireworks” does not include auto flares, toy pistols, toy canes, toy guns, and 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, or toy pistol paper caps manufactured as provided under the law, the use of which shall be permitted at all times.

2.            Section 16-67(c) of the Code of Ordinances, City of Horn Lake, Mississippi, is hereby amended to read as follows:

               (c) Hours of use:  The use of fireworks during the dates prescribed in subsection (a) of this section shall be limited to the following hours:

SUNDAY - THURSDAY

From 5:00 P.M. until 10:00 P.M.

FRIDAY & SATURDAY

From 5:00 P.M. until 12:00 A.M. (Midnight)

DEC. 31ST, JULY 3RD, JULY 4TH

Shooting hours shall be as prescribed above, except that the ending time shall be extended by one (1) hour beyond Midnight, to 1:00 A.M., exclusively on these dates.

3.            Section 16-67 of the Code of Ordinances, City of Horn Lake, Mississippi, is hereby amended by adding the following subsection:

(d) All fireworks vendors shall display a sign, a minimum of 16 square feet, that directly states the information contained within the Chart of Sec. 16-67(c) pertaining to the allowable “hours of use” and the associated days and dates.  In addition to posting a sign within each location where fireworks are sold, the vendor must distribute a printed notice as well to every customer, whether it is a printed flyer, a handout, or a printed bag.

4.            This Ordinance shall become effective and be in full force from and after being certified by the City Clerk, signed by the Mayor or Board Majority, recorded in the ordinance book, published and after waiting one month after the date of passage.

The foregoing ordinance was adopted this the 5th of November, 2020.

       

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