CHAPTER 92
FIREWORKS
Section
92.03 Permits; fees and conditions
92.01 TITLE.
This chapter shall be known as the “Fireworks Chapter.”
(’87 Code, § 8-3-1) (Ord. 82-35; Am. Ord. 16-30)
92.02 DEFINITIONS.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS. Any combustible or explosive composition, or any substance or combination of substances or devices prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, sky rockets, roman candles, daygo bombs, sparklers or other devices of like construction and any device containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term FIREWORKS shall not include any auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of the caps, the sale and use of which shall be permitted at all times.
(’87 Code, § 8-3-2) (Ord. 82-35; Am. Ord. 16-30)
92.03 PERMITS; FEES AND CONDITIONS.
(A)(1) The manufacture of fireworks within the municipality is prohibited.
(2) Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks within the municipality, except as specifically permitted by subsection (A)(7) of this section; provided, that the Director of the Fire and Rescue Department shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays by a jurisdiction, fair associations, amusement parks, other organizations or for the use of fireworks by artisans in pursuit of their trade. Every use or display shall be handled by a competent operator approved by the Director of the Fire and Rescue Department or his/her representative and shall be of a character and so located, discharged or fired so as, in the opinion of the Director of the Fire and Rescue Department or his/her representative after proper investigation, not to be hazardous to property or endanger any person.
(3) Applications for permits shall be made in writing to the City Clerk at least 10 days in advance of the date of the display. After the privilege shall be granted, sale, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(4) The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the Director of the Fire and Rescue Department or his/her representative for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors.
(5) Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.
(6) Nothing in this chapter shall be construed to prohibit the use of fireworks by transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations.
(7) It is hereby provided that “safe and sane fireworks” shall be permitted within the municipality. This shall mean and include all fireworks that have no report, that are not self-propelling and the effect of which does not extend above 10 feet in height from the ground; it shall include the following items:
(a) Snakes, total pyrotechnic composition not to exceed 20 grams each in weight;
(b) Smoke devices and spray balls, total pyrotechnic composition not to exceed 25 grams each in weight;
(c) Wheels, total pyrotechnic composition not to exceed 60 grams in weight per driver unit, but any number of drivers may be on any one wheel; (The inside bore of driver tubes shall not be over one-half inch.)
(d) Illuminating torches and colored fire in any form, total pyrotechnic composition of illuminating torches not to exceed 100 grams each in weight;
(e) Sparklers and dipped sticks, total pyrotechnic composition not to exceed 100 grams each in weight; (Pyrotechnic composition containing any chlorate or perchlorate shall not exceed five grams.)
(f) Cones shaped and cylindrical fountains, total pyrotechnic composition not to exceed 75 grams each in weight; (The inside tube diameter of cylindrical fountains shall not exceed three-quarters inch.)
(g) Railway fuses, fuses, truck flares, hardship distress signals, smoke candles, smoke signals and smoke pots; and/or
(h) All other fireworks similar but not specifically permitted hereinabove shall be tested for approval by the Director of the Fire and Rescue Department or his/her representative prior to sale.
(8) It shall be unlawful to sell any fireworks to children under the age of 16 years.
(9) Fireworks may be sold at retail pursuant to state statute.
(10) No fireworks shall be used within 300 feet of any church, hospital or school building.
(11) No fireworks shall be stored, kept or discharged within 50 feet of any gasoline pump, gasoline filling station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.
(’87 Code, § 8-3-3)
(B)(1) No person, manufacturer, wholesaler or retailer shall keep, store, transport or sell within the city any of the devices permitted by this chapter without first:
(a) Applying to the City Clerk for a permit to keep, store, transport or sell the same.
(b) Demonstration to the Director of the Fire and Rescue Department or his/her representative that the items to be handled under the permit comply with the terms of this code.
(c) Certifying that no person under the age of 16 years shall be permitted under the authority of the permit to be issued to keep, store, transport or sell permitted devices.
(2)(a) Retailer. A permit issued to keep, store, transport or sell permitted devices shall be applicable in accordance when fireworks may be sold at retail pursuant to state statute.
(b) Pyrotechnic display. A permit issued to produce a pyrotechnic display, including requirements for the storage of permitted devices shall be applicable; a pyrotechnic display permit shall be enforced from date of issuance through the date of the display. Upon request of the City Clerk, the permit may be issued with a “rain date” extension of no more than 48 hours after the display date.
(c) Transferability. Permits are not transferable in name or location if permit is revoked. A new permit will not be issued to same person for the period of 12 months.
(3) The structure where fireworks are sold shall be protected by at least one five-gallon bucket of water or an approved fire extinguisher with at least a 5# ABC classification.
(4) Smoking shall be prohibited within 25 feet of any fireworks stand or warehouse. “No Smoking” signs must be prominently displayed.
(’87 Code, § 8-3-4) (Ord. 82-35; Am. Ord. 16-30)
92.04 INSPECTIONS.
The Director of the Fire and Rescue Department or his/her representative may, at all reasonable hours, enter and inspect the premises, building or any structure temporary or permanently located at the site designated for the sale, packaging or handling of fireworks.
(’87 Code, § 8-3-5) (Ord. 82-35; Am. Ord. 16-30)
92.05 SEIZURE OF FIREWORKS.
The Director of the Fire and Rescue Department or his/her representative shall seize, take, remove or cause to be removed at the expense of the owner all stocks of noncomplying fireworks offered or exposed for sale, stored or held in violation of this chapter.
(’87 Code, § 8-3-6) (Ord. 82-35; Am. Ord. 16-30)
92.06 CITATION ISSUANCE.
The Chief of Police may grant members of the Fire and Rescue Department with authority to issue citations for violations of this chapter. The Chief of Police may revoke such authority at any time.
(Ord. 16-30)
92.99 PENALTY.
In addition to the provisions stated in Section 92.05, any person that is found guilty of selling, being in possession of, or using a firework within city limits in violation of this chapter shall be fined not more than $500 or imprisoned for a period of not more than 90 days, or by both. Each instance of violation of this chapter shall constitute a separate offense.
(Ord. 16-30)