CHAPTER 180

STATE HIGHWAY DEPARTMENT--FIREWORKS

AN ACT TO PROHIBIT THE USE AND SALE AND DISPLAY OR POSSESSION OF FIREWORKS, FIRE CRACKERS, SPARKLERS AND OTHER PYROTECHNICS REGULATING PYROTECHNIC DISPLAYS AND REGULATING THE HAVING, USING, STORING AND KEEPING OF FIREWORKS, FIRE CRACKERS, SPARKLERS AND OTHER PYROTECHNICS IN THE STATE OF DELAWARE, AND FURTHER PROHIBITING THE FIRING AND DISCHARGING OF FIREARMS IN OR INTO ANY STREET, HIGHWAY, ALLEY OR OTHER PUBLIC PLACES OF THE STATE, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That on and after the effective date of this Act, it shall be unlawful and it is hereby prohibited, for any person or persons, firm or corporation to store, sell, offer or expose for sale, or have in possession with intent to sell or to use, discharge or cause to be discharged, ignited, fired or otherwise set in action within the State of Delaware, any fireworks, fire crackers, rockets, sparklers, torpedoes, roman candles, fire balloons or other fireworks, or substances of any combination whatsoever designed or intended for pyrotechnic display except after having obtained a permit as hereinafter provided, provided, however, that the provisions of this section shall not apply to any person, firm or corporation now established and now manufacturing fireworks of any or all kinds in the State of Delaware.

Section 2. It shall also be unlawful and it is hereby prohibited, for any person, persons, association or company, to fire or discharge in or on or into any street, highway, alley or public place in the State, any rifle, gun, pistol, revolver, cane, cannon or other appliance, whether projecting or exploding and bullet, cartridge, blank cartridge, cap or otherwise or any explosive substance or mixture of chlorates or nitrates, provided, however, that the provisions of this section shall not apply to Peace Officers in the 'regular discharge of their duties as such and provided further, however, that nothing in this section shall be construed to prohibit any person or persons, association, firm or corporation from using explosives in quarrying or for blasting or other industrial use.

Section 3. Any association or company desiring to hold a public display of fireworks, may apply to the State Highway Department of the State of Delaware for a permit to hold such display, provided application is made thirty days prior to date of holding said display. Application for permit shall set forth the date and hour, and place of holding such display, place of storing fireworks prior to display; also the name of the person or persons holding display and name of person or persons in charge of igniting of fireworks. The application shall be accompanied by a bond in the principal sum of $3,500.00 payable to the State of Delaware indemnifying any person who may receive or sustain injury to his person or property by reason of any discharge of such fireworks by the applicant or anyone acting for or on his behalf, and any such person so receiving or sustaining injury as aforesaid, may sue on said bond in the name of the State of Delaware to recover damages for such injury, and the Attorney General is hereby authorized and directed to represent such person, in said action. If the State Highway Department is satisfied that the holding of such display is supervised by competent and experienced person or persons, and that said display will not be a detriment to the community in which said display is held, it may grant a permit for said display. The place of storage of fireworks prior to the display shall be subject to the approval of the State Highway Department.

Section 4. The State Highway Department is hereby authorized and directed to confiscate all fireworks or explosives illegally stored within the State.

Section 5. Any person or persons, firm or corporation, convicted for the violation of any provisions of the Act, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars 0100.00) within the discretion of the Court. Any Justice of the Peace of the State and the Judge of the Municipal Court of the City of Wilmington shall have plenary jurisdiction of any violation of the provisions of this Act.

Section 6. This Act shall become effective on and after the first day of July, A. D. 1939.

Section 7. All Acts or parts of Acts inconsistent with the provisions ref this Act are hereby repealed in so far as such in consistency does occur.

Approved September 5, 1939.