ARTICLE VIII


FIREWORKS


SEC.

15-617.00 Regulation Of Fireworks


    A)     Definitions:

        1) Retailer - Any person engaged in the business of making sales of fireworks at retail to persons other than a distributor or a jobber;

        2) Sale - The sale, barter, exchange or gift or offer thereof, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee;

        3) Fireworks - All incendiary, explosive devices and pyrotechnical explosive devices commonly referred to as fireworks or firecrackers.
(Ord. No. 85-378, adopted 04/18/85; amended by Ordinance No. 92-1548, adopted 01/16/92)

    B) Regulations:

        1)    It shall be unlawful to sell any items of fireworks as a retailer without first obtaining a license to be issued by the Director of Planning and Development, Parish of St. Tammany.

        2)    An applicant, to engage in the sale of fireworks as a retailer, must complete an application on a form provided by the Parish, setting forth such facts and information as the Parish may determine necessary and proper.

        3)    All applications shall be accompanied by a copy of the previous year's sales tax return or retail license. All licenses issued by the Parish shall be transferable.

        4)    Effective May 1, 1992, there is established a moratorium on all fireworks stands and retail outlets in the entire area comprising Police Jury District 7; and in Police Jury District 5, Precinct 306, the area comprising the east and west side of Highway 190 north of I-12, specifically the service road in Police Jury District 5, Precinct 306, which leads to Wal-Mart, Sears, the Cinema, Kings Forest and Helenberg areas.


        No application for licenses within Police Jury District 7 or Police Jury District 5, Precinct 306, for possession, sale, offering for sale and use of fireworks shall be received unless the applicant has been issued a permit on or before December 31, 1991.
(Ord. No. 92-1548, adopted 01/16/92; amended by Ord. No. 92-1587, adopted 04/23/92)

    C)     Prohibitions:

        1)    The sale of fireworks within unincorporated areas of Ward 4 is prohibited. Unincorporated Ward 4 area encompasses that portion of the Parish as described in Section 2-017.00 of this Code, less and except areas contained within the boundaries of any municipality.

        2)    The sale of fireworks within the unincorporated area of Ward 8, less and except the portion in Police Jury District 6, St. Tammany Parish, Louisiana, is hereby prohibited. (Ord. No. 90-1240; adopted 03/15/90)

        D)     Enforcement: It shall be the duty of the Sheriff of St. Tammany Parish to enforce the provisions of this Section.

        E)     Violations and Penalties: Any person found to be in violation of any provision of this Section by a court of appropriate jurisdiction shall be subject to the penalty provisions of Section 1-008.00 of this Code.

(Ord. No. 85-378, adopted 04/18/85; amended by Ord. No. 90-1240; adopted 03/15/90 adding provision C(2); amended by Ord. No. 92-1548, adopted 01/16/92; amended by Ord. No. 92-1587, adopted 04/23/92)

EDITORIAL NOTE: See also Section 8-014.00 and 14-002.02