Private Acts of 1949 Chapter 479

SECTION 1. That in all counties having a population of not less than 54,110, nor more than 54,120, according to the Federal Census of 1940, or any subsequent Federal Census, it shall be unlawful for any person, firm, or corporation to possess, store, use, manufacture, or sell pyrotechnics, as hereinafter defined.

The term "pyrotechnics" as used in this Act shall be held to mean sparkler, squibb, rocket, firecracker, Roman candle, fire balloon, flashlight composition, fireworks and other similar compositions used to obtain a visible or audible pyrotechnic display.

SECTION 2. That any article or articles of merchandise coming within the definition of "pyrotechnics", as defined in this Act, are hereby declared to be contraband, and subject to confiscation whenever found within the boundaries of said counties, and it shall be the duty of Sheriffs and Peace Officers of said counties to seize such article or articles and destroy the same.

SECTION 3. That any person guilty of violating any of the provisions of this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty ($50.00) Dollars nor more than Five Hundred ($500.00) Dollars, or by confinement in the county jail or workhouse for not less than thirty days nor more than eleven months and twentynine days, or by both fine and imprisonment, in the discretion of the Court.

SECTION 4. That nothing in this Act shall be construed as applying to persons, firms or corporations conducting displays or pyrotechnics at any State, District, or County Fair in said counties, or at any patriotic assembly or other public function, who acquire the articles used in such pyrotechnic displays from points outside said counties, keep possession of such articles at all times during the public gathering, and transport the same out of said counties at the conclusion of the public display.

SECTION 5. That nothing in this Act shall be construed as prohibiting the possession and use of pyrotechnics by common carriers, or other persons, firms or corporations, as a traffic or safety device.

SECTION 6. That this Act shall take effect from and after its passage, the public welfare requiring it.

Passed: April 5, 1949.