A BILL to amend and reenact Section 54-191 of the Municipal Code of the City of Charleston, as amended, relating to prohibiting the use of fireworks in any City park or on City-owned property without approval.

1   Bill No. 8061 - A BILL to amend and reenact Section 54-191 of the Municipal Code of 
 2   the City of Charleston, as amended, relating to prohibiting the use of fireworks in any 
 3   City park or on City-owned property without approval. 
 4 
 5   Now, therefore, be it ordained by the Council of the City of Charleston: 
 6 
 7   That Section 54-191 of the Municipal Code of the City of Charleston, as amended, be 
 8   amended and reenacted to read as follows: 
 9 
10   Sec.  54-191.  -  Consumer  fireworks;  regulations,  prohibited  actions,  and 
11   exceptions. 
12 
13         (a) Any person igniting, discharging, detonating or otherwise using (hereinafter, 
14   collectively "use" or "using") consumer fireworks within the city and, consistent with W. 
15   Va. State Code § 8-12-19, within one mile beyond the corporate limits of the city, but not 
16   including areas within the corporate limits of another municipality, shall: 
17         (1)  Not  be  under  the  influence  of  intoxicating  liquor,  non-intoxicating  beer,  any 
18   controlled substance, or any combination thereof; and 
19         (2) Be 18 years of age or older or shall be under the direct supervision of his or 
20   her parent, guardian, or other adult person responsible for the care and custody of the 
21   minor; and 
22         (3) Be responsible for the prompt removal of all debris resulting from the use of 
23   fireworks and such completed removal shall not exceed 24 hours after use; and 
24         (4)  Be  financially  responsible  for  cleanup  costs  and/or  damages  resulting  from 
25   the use of fireworks; and 
26         (5) Be responsible for all costs associated with fire suppression efforts related to 
27   the use of fireworks; and 
28         (6)  Not  use  fireworks  within  100  feet  of  any  building  or  structure  unless 
29   permission of the owner of the building or structure has been obtained or in any City 
30   park  or  on  City-owned  property  without  the  advanced  written  approval  of  the  City  of 
31   Charleston; and 
32         (7) Not use fireworks from any motor vehicle or boat; and 
33         (8) Store fireworks in a safe, secure and responsible manner, and separate from 
34   any possible ignition source; and 
35         (9) Not use fireworks in a manner that fireworks travel through, come in contact 


                                                                                  Page | 360 of 36   with, discharge, or explode on any public street, highway, or sidewalk, or in or on any 
37   building,  or  near  any  person,  or  within  500  feet  of  any  location  posing  a  special  fire 
38   danger, such as a gas station, chemical storage area or other similar location; and 
39         (10)  Not  use  fireworks  during  periods  of  very  high  or  extreme  fire  danger  as 
40   determined by the Charleston Fire Department or the West Virginia Division of Forestry, 
41   or while wind conditions are such that proper fireworks control cannot be exercised; and 
42         (11) Not be permitted to use fireworks, except between the hours of 11:00 a.m. 
43   and 11:00 p.m., on Memorial Day, Independence Day and Labor Day, or between 11:00 
44   am on December 31 and 1:00 am on January 1; provided, however, that a person may 
45   request  permission  from  the  chief  of  police  to  use  fireworks  for  a  special  event  or 
46   occasion at other days or times not regularly permitted herein, and the chief of police 
47   shall have reasonable discretion, on a case by case basis and after consultation with 
48   the chief of the fire department, to approve such a request. 
49         (b)  This  section,  and  the  prohibitions  contained  herein  related  to  the  use  of 
50   consumer fireworks, is not intended to prohibit use of display fireworks within the city at 
51   any day or time so long as the use is sponsored or approved by the city. 
52 


                                                                                  Page | 361 of      Bill No. 8062 
      
     Introduced in Council:                          Adopted by Council: 
      
     August 4, 2025                                           
                                                                                           
     Introduced by:                                        Referred to: 
      
     Becky Ceperley                                  Finance