Ordinance No. 742

ORDINANCE OF THE CITY OF PHILADELPHIA

MISSISSIPPI REGULATING THE SALE, DISPLAY OR DISCHARGE OF FIREWORKS WITHIN THE CITY OF PHILADELPHIA, MISSISSIPPI

BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Philadelphia, Mississippi, as follows:

1. The City, on ________, by this Ordinance #742, repealed all other Ordinances within the City of Philadelphia, Mississippi regulating sale, display and discharge of fireworks.

2. This Ordinance #742 shall read as follows:

(a) The manufacture, sale, possession or use of common fireworks in the City shall be permitted as provided by state law, specifically, Sections 45-13-1 through 45-13-15 of the Mississippi Code Annotated 1972, as amended, and only Class C (1.4G) shall be permitted. Further, the hours of sale and/or use are restricted from these statutes;

(b) No person shall ignite, discharge or “shoot” any fireworks as defined by Section 45-13-1 of the Mississippi State Code of 1972, Annotated, as; amended as now enacted, or as subsequently amended , on any days of the year except between June 27 and July 5 between the hours of noon and 10:00 p.m. of each year, and between December 23 and January 2 between the hours of noon and 10:00 p.m. of each year, except on New Year’s Eve as hereinafter set forth;

(c) The above provisions not withstanding, fireworks may be ignited, discharged, and shot between the hours of noon on New Year’s Eve Day and 1:00 a.m. on New Year’s Day of each year;

(d) This Ordinance shall not apply to any fireworks display sponsored or supervised by the City of Philadelphia or by any firm organization, or entity that holds a valid license for firework display from the interstate Commerce Commission;

(e) It is illegal and a violation of this Ordinance to discharge or ignite fireworks in these circumstances:

1. Within 1000 ft. of a hospital 2. Under or on cars and other vehicles 3. Within 75 ft. of a location where fireworks are sold 4. Within 100 ft. from any gas pump, filling station or bulk fuel storage

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facility 5. Within 600 ft. of any Church

The discharge and use of fireworks are not permitted on public roadways, parks or any other public property. It is also illegal to throw, cast or otherwise propel a pyrotechnic device in the direction or path of any person or group, or from or in the direction of any car or vehicle;

(f) This ordinance is adopted pursuant to Section 45-13-13, Section 21-19-15, and other applicable provisions of the Mississippi State Code of 1972, Annotated, as amended.

(g) Any person violating this ordinance shall, upon conviction, be guilty of a misdemeanor, and may be punished by a fine of not more than $1,000.00, or by imprisonment for not more than six (6) months, or both by fine and imprisonment; and

(h) Each day this Ordinance is violated shall constitute a separate offense under this Ordinance.

3. This Ordinance shall go into effect immediately upon its passage, the public interest requiring, but this Ordinance shall be published in The Neshoba Democrat, as provided by law.

Motion was made by _LC_ and seconded by _RT_ to approve this Ordinance.

Alderman Leroy Clemons voted: ✓ Aye Nay: ___ Alderman Jim Fulton voted: ✓ Aye Nay: ___ Alderman Cassie Henson voted: ✓ Aye Nay: ___ Alderman Ronnie Jenkins voted: ✓ Aye Nay: ___ Alderman Joe Tullos voted: ✓ Aye Nay: ___

The Mayor declared the Ordinance passed and same shall become effective after publication as required by law.

/s/ JAMES YOUNG JAMES YOUNG, MAYOR

ATTEST: NIKKI WALTON, CITY CLERK NIKKI WALTON, CITY CLERK

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# CERTIFICATE

I, Nikki Walton, the duly appointed, qualified and acting City Clerk of the City of Philadelphia, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance, passed, ordained and adopted by the Mayor or the Board of Aldermen of said City at a public meeting thereof held on the 17th day of NOV, 2020, and which Ordinance is spread of record in the minutes of said meeting and maintained in my office.

GIVEN under my hand and official seal of office, this the 18th day of NOV, 2020

NIKKI WALTON, CLERK (Seal)

[SEAL]

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