Remember city ordinances for a safe holiday


BUCKHANNON — The City of Buckhannon has sent out some reminders recently on social media regarding local ordinances. With the upcoming holiday and summer fun its always best to review the official ordinances regarding the use of fireworks and swimming pools. 

Ordinance No. 418 of the city of Buckhannon, an ordinance providing for the regulation of the use of consumer fireworks and sparkling devices within the municipal boundaries of the city of Buckhannon reveals the following in Article III- Prohibitions which states, “Except as provided in Ordinance No. 365 of the City of Buckhannon, no person shall use, ignite, discharge, or fire consumer fireworks within the corporate limits of the City of Buckhannon, except as follows: 

(1) Between the hours of 11 a.m. and 11 p.m. on July 4, Independence Day. 

(2) Between 11 a.m. on December 31 and 12:30 a.m. on January 1. 

(3)  Between 11 a.m. and 11 p.m. on the Saturdays preceding and following Independence Day, if Independence Day does not fall on a Saturday in a given year.

(4) At such other times, and on such other dates, as the Council may set by Resolution or, only in the event of a spontaneous public celebration where prior approval of the Council is not reasonably possible, by proclamation of the Mayor.”

Additionally, Article IV- Regulations states the following as listed verbatim from Ordinance No. 418 of the City of Buckhannon. 

(1)  A person may not intentionally use, ignite, discharge or use consumer fireworks on public or private property without the express permission of the owner of such property to do so.

(2)  A person may not intentionally use, ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle, boat or building.

(3)  A person may not intentionally use, ignite or discharge any consumer fireworks or sparkling devices into, on, or at a boat, motor vehicle or building, or at any person or group of people.

(4)  A person may not intentionally use, ignite or discharge any consumer fireworks while the person: 

- Is under the influence of alcohol.

- Is under the influence of any controlled substance; 

- Is under the influence of any other drug; 

- Is under the combined influence of alcohol and any controlled substance or any other drug.

(5) A person who is less than eighteen years of age or younger shall only use, ignite or discharge consumer fireworks under the direct supervision of his or her parent, guardian or other adult person having the care and custody of the minor. No person who is less than twelve years of age shall use, ignite or discharge consumer fireworks. 

(6) All persons who use, ignite or discharge consumer fireworks or sparkling devices shall be responsible for the removal of all debris accumulated within twenty-four hours of such use and be financially responsible for all cleanup costs and damages due to the ignition, discharge or use of such fireworks.

(7) All persons who use, ignite or discharge consumer fireworks or sparkling devices shall be responsible for all fire suppression costs and expenses incurred by the City related to the use of such fireworks.

(8) All persons who use, ignite or discharge consumer fireworks shall abide by all legal requirements concerning such fireworks use, including the provisions of West Va. Code 29-3E-1 et seq., and Title 103 Legislative Rule West Virginia Fire Marshall Series 4 Regulation of Fireworks.

(9) All persons who use, ignite or discharge consumer fireworks shall ensure that such consumer fireworks are not propelled through, come in contact with, or discharge or explode onto any public street, highway or sidewalk, in or upon any building, at or near any person, utility pole or utility line, including electrical, cable, telephone, or gas lines, or within 500 feet of any location posing a special fire danger, such as a gas station, lumber yard, bulk mulch, propane or chemical storage area. 

(10) No person shall use, ignite or discharge consumer fireworks during periods of very high or extreme fire danger as determined by the City Fire Department or the West Virginia Division of Forestry or while wind conditions are such that proper fireworks control cannot be exercised. 

(11) Officers of the Police Department and the Fire Department, and the Zoning Enforcement Officer shall have power to enforce this Ordinance. 

There are also various penalties for breaking the ordinances and the entire ordinance can be viewed in its entirety by visiting buckhannonwv.org and then selecting the option charter and ordinances. 

The City of Buckhannon provided a statement and review of swimming pool ordinance on their Facebook page on Tuesday June 28. The statement was, “ Now that it is officially summer, Buckhannon City Officials would like to remind residents of the rules of maintaining safe Swimming Pools & Other Water Features – In the City of Buckhannon: “Private swimming pools containing water more than 24 inches in depth, shall be permitted only when located in rear yards, and further when completely enclosed by a fence or buildings or combination thereof of a height of six feet (6’) in the case of fences, and six feet (6’) or greater in the case of buildings, and generally protected in such a manner so as to avoid becoming an attractive nuisance especially to children.” 

If cited by the City for a violation concerning Swimming Pools & Other Water Features, residents must take the necessary steps to resolve this problem within 15 days from the receipt of a notice. Untreated, stagnant pool water will need to be drained for prevention of breeding of mosquitoes.

Thank you for your cooperation and understanding of the importance of these rules.”

The City of Buckhannon can be contacted by phone (304) 472-1651 for any further information or questions.

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