City of Hatton, North Dakota

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214 - Fireworks Ordinance

Ordinance #214

AN ORDINANCE PROHIBITING THE USE OF FIREWORKS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND, REPEALING ALL ORDINANCES IN CONFLICT OF THIS ORDINANCE.
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HATTON, TRAILL COUNTY, NORTH DAKOTA AS FOLLOWS:

It shall be unlawful for any person to discharge fireworks, as defined by N.D.C.C. Section 23-15-01 within the corporate limits of the City of Hatton, North Dakota, with the exception of the following dates and times. June 30, July 1, July 2, July 3 and July 5 between the hours of 9:00 AM until 11:00 PM., and  July Fourth between the hours of 9:00 AM and Midnight. This ordinance shall not prohibit supervised public displays of fireworks by cities, fair associations, and other civic organizations. Except when such display is given by the City or fair association within the city limits, no display shall be given unless a permit has first been secured.  Every application for such a permit shall be made in writing to the city auditor at least fifteen days in advance of the date of the display.  The application promptly shall be referred to the city council which shall make an investigation to determine whether the display operator of the display is competent and whether the display is of such character and is to be so located, discharged or fired that it will not be hazardous to property or endangers any person.  The City council shall report the results of this investigation to the city auditor and if it reports that in its opinion the operator is competent and that the display as planned will conform to safety requirements, including the rules and regulations of the state fire marshal, the auditor shall issue a permit for the display when the applicant pays a permit fee of two dollars.  Any person violating the provisions of this ordinance shall be charged with an infraction and upon conviction shall be fined $25.00 first offense;   $50.00 each subsequent offense.

Saving Clause. 
If any portion of this ordinance shall be judged unconstitutional or contrary to the laws of the State of North Dakota, such section shall not invalidate the remaining portions of this ordinance, and it is hereby expressly declared that remaining portions of this ordinance would have been adopted not withstanding the invalid portions thereof, and that such portions not declared unconstitutional or contrary to the laws of the State of North Dakota shall remain in full force and effect.
Repeal of Conflicting Ordinance.

All ordinances or part of ordinances in conflict herewith are hereby repealed.       
                   
Effective Date of Ordinance.
This ordinance shall be in full force and take effect from and after its second reading, final passage and approval, and  its publication as required by law.
                                                
Douglas Meier, Mayor         Jackie Buchwitz Auditor

Presented and First Reading:  April 4, 2011
Second Reading and Final Passage: May 2, 2011
Approved Publication: 

Persons voting for: Bernie Johnson, Dave Vold, Kim Ostlie, Annette Glennon, Scott Phipps and Mark Duncan.

Persons voting against: NA

Persons abstaining:
“Equal Opportunity Provider.”