A.
A person shall not ignite, discharge, or use consumer fireworks on
public property, school property, church property, or the property
of another person without that organization's or person's
express permission to use those fireworks on those premises. "Property
of another person" includes hotel and motel property, apartment property,
and condominium property, where an owner, management company, or association
has or retains authority and control over the use of the property
or common areas. A person who violates this subsection is responsible
for a municipal civil infraction and may be ordered to pay a civil
fine of not more than $500.
[Amended 2-12-2019 by Ord. No. 1307]
B.
An individual who uses, ignites, or discharges consumer fireworks
or low-impact fireworks while under the influence of alcoholic liquor,
a controlled substance, or a combination of alcoholic liquor and a
controlled substance is responsible for a civil infraction and may
be ordered to pay a civil fine of not more than $1,000. As used in
this subsection:
[Amended 2-12-2019 by Ord. No. 1307]
C.
An individual who violates the smoking prohibition under NFPA 1124,
7.3.11.1 (smoking within 50 feet of a consumer fireworks retail sales
area) is responsible for a civil fine of $1,000.
[Amended 2-12-2019 by Ord. No. 1307]
D.
Permitted days and hours; use.
[Amended 2-12-2019 by Ord. No. 1307]
(1)
Persons only shall ignite, discharge, or use consumer fireworks,
or aid or abet in, permit, or allow the ignition, discharge, or use
of consumer fireworks on the following days after 11:00 a.m.:
(a)
December 31 until 1:00 a.m. on January 1;
(b)
The Saturday and Sunday immediately preceding Memorial Day until
11:45 p.m. on each of those days;
(c)
June 29 to July 4 until 11:45 p.m. on each of those days;
(d)
July 5, if that day is a Friday or Saturday, until 11:45 p.m.;
(e)
The Saturday and Sunday immediately preceding Labor Day until
11:45 p.m. on each of those days.
(2)
An individual who violates Subsection D(1) shall be responsible for a civil fine of $1,000 for each violation of the subsection. Up to one-half of the fine collected under the penalty provision above shall be remitted to the local law enforcement agency responsible for enforcing this section.
(3)
When using any fireworks within the City, a person shall not use
them in a manner inconsistent with or contrary to the manufacturer's
directions for use, or in a manner which could reasonably be foreseen
to cause, or which actually causes, harm to another or to property,
or within or upon public roads, walks, or rights-of-way, or within
or upon private roads or private property of another without express
permission, or which causes, creates, or perpetuates a violation of
any provision of the City Code, including but not limited to:
(4)
All other City ordinances not adopted pursuant to the Act and not
directly or specifically targeted at the use of consumer fireworks
shall continue to apply and may be enforced at any time of the year,
even on the day before, day of, or the day after a national holiday.
E.
No person shall ignite fireworks or novelties other than in a manner
prescribed by the manufacturer's directions for use, or in the
absence of directions, by the use of any ignition device other than
a match, punk, or lighter. A "punk" is defined as a long, thin piece
of wood covered in a substance that burns very slowly, producing only
heat, with no flame. Blowtorches, open flames, bonfires, grills, and
other sources of heat and fire and ignition with flames larger or
stronger than those of a match or lighter are prohibited as sources
of ignition for fireworks and novelties. No person under the age of
18 shall ignite consumer fireworks.
F.
No person shall discharge fireworks or novelties other than in a
manner prescribed by the manufacturer's directions for use, and
no person shall discharge consumer fireworks while within a building
or enclosed space; within 50 feet of a flame or flammable surface;
within 20 feet of a property line; within any public roadway or public
right-of-way; within, upon, or from a motor vehicle; at any person,
vehicle, or conveyance; within 500 feet of a gasoline service station;
during weather conditions involving wind speeds in excess of 10 miles
per hour; from any location not at ground level; from any surface
that is not flat and level; without keeping a bucket of water or garden
hose ready to address accidents; within 25 feet of a building; from
within any type of container or other object that could reasonably
be foreseen to impede the aerial progress of the firework, or to cause
a fire or explosion, after its ignition; or between the hours of 11:00
p.m. and 7:00 a.m.
G.
An owner, occupant, or other person with control of the real property
shall not allow, permit, or otherwise consent to the possession or
display of fireworks on the property. An owner, occupant, or other
person with control of the real property shall be presumed to have
consented to the possession or display of fireworks on the property
if law enforcement or fire officials observe and document the existence
of unlawful fireworks on the premises, or the existence of the remnants
of unlawful fireworks on the premises indicative of the use or display
of such fireworks.
H.
Any individual who violates the restrictions in Subsection E, F, or G, or who aids, abets, perpetuates, participates in, or otherwise promotes the actions of the individual that violates said restrictions, may be cited and prosecuted for the applicable ordinance violation(s) and/or shall be responsible for a municipal civil infraction.
[Amended 2-12-2019 by Ord. No. 1307]
I.
A law enforcement officer and/or fire official may confiscate and
impound all fireworks and fireworks paraphernalia involved in causing
a violation of this article or which are found to be within the access
and control of the violator(s). If the impounded items are lawful
to possess, they may be retained as evidence until any court proceedings
or citations have been adjudicated and any probationary periods have
been completed. If the impounded items are unlawful to possess, the
Police Department or Fire Department shall dispose of or destroy the
items in accordance with evidence protocols that will still allow
for effective prosecution of the charged offenses without actual retention
of the items. If any fireworks are retained by the City, they shall
be stored in compliance with the Act and rules promulgated under the
Act. The person from whom fireworks are seized under the Act or this
article shall pay the actual costs of storage and/or disposal of the
seized fireworks. The Police Department may dispose of the seized
fireworks by providing them to a disposal organization approved by
the Chief of Police or designee, or by allowing them to be used by
City police, fire, and code enforcement agencies for training purposes.
J.
Unless otherwise specified herein, novelties are not subject to any
of the regulations in this article, except that they may not be utilized
in such a manner as to cause, create, or perpetuate a violation of
any other section of the City Code of Ordinances.
No person shall discharge any display fireworks without a permit issued by the City Council. Pyrotechnic special effects shall not be discharged or displayed without a permit issued by the Fire Marshal. Permit applicants shall follow the procedures set forth in §§ 146-21 through 146-125 of this chapter. Permits are not transferable and shall not be issued to a minor.
A.
An owner, occupant, or other person with control of real property
shall not allow, permit, or otherwise assent to the possession or
display of display fireworks on the property or an adjacent public
way if such possession or display is in violation of this subdivision.
B.
An owner, occupant, or other person with control of real property
shall be presumed to have assented to the possession or display of
display fireworks on the property or adjacent public way in violation
of this subdivision if law enforcement or fire officials observe and
document the existence of unlawful fireworks on the premises or the
adjoining public way, or the existence of the remnants of unlawful
fireworks on the premises or adjoining public way indicative of the
use or display of such fireworks.
C.
A person who pleads to or is found responsible for a violation of Subsection A shall clean up any fireworks remnants on or adjoining the person's property, or pay the City's costs for such cleanup, and reimburse the City's actual costs for destruction of any unlawful fireworks and materials impounded by law enforcement or fire officials during investigation of the unlawful activity under Subsection A.