As used in this Article, the following words shall have the
meanings set out herein:
CONSUMER FIREWORKS
Explosive devices designed primarily to produce visible or
audible effects by combustion and includes aerial devices and ground
devices, all of which are classified as fireworks, UNO336, 1.4G by
regulation of the United States Department of Transportation, as amended
from time to time, and which were formerly classified as class C common
fireworks by regulation of the United States Department of Transportation.
FIREWORKS
Includes any combustible or explosive composition or any
substance or combination of substances or article prepared for the
purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation and includes blank cartridges,
toy pistols, toy cannons, toy canes or toy guns in which explosives
are used, the type of balloons which require fire underneath to propel
the same, firecrackers, torpedoes, skyrockets, Roman candles, Dago
bombs, sparklers or other fireworks of like construction and any fireworks
containing any explosive or flammable compound or any tablets or other
device containing any explosive substance. The term "fireworks" shall not include toy pistols, toy canes, toy guns or other devices
in which paper caps containing twenty-five hundredths (0.25) grains
or less of explosive compound are used, providing they are so constructed
that the hand cannot come in contact with the cap when in place for
use, and toy pistol paper caps which contain less than twenty-five
hundredths (0.25) grains of explosive mixture, the sale and use of
which shall be permitted at all times. Nothing in this Section shall
be construed as applying to the manufacture, storage, sale or use
of signals necessary for the safe operation of railroads or other
classes of public or private transportation, nor applying to the military
or navy forces of the United States or of this State or to Peace Officers,
nor as prohibiting the sale or use of blank cartridges for ceremonial,
theatrical or athletic events or agricultural purposes.
It shall be unlawful for any person, firm or corporation to
sell, possess or discharge any fireworks that are not classified and
approved as consumer fireworks as defined by this Article. It shall
also be unlawful for any person, firm or corporation to sell, possess
or discharge any fireworks of the type commonly called "bottle rockets".
It shall be unlawful for any person, firm or corporation to
sell, possess or discharge any fireworks on any City property, including
the City parks.
Any Police Officer of the City is hereby authorized to confiscate
and destroy any fireworks being sold, offered for sale, used, ignited,
detonated or discharged in violation of this Article.
The Board of Aldermen may permit supervised public displays
of fireworks which are otherwise in violation of this Article so long
as the supervised public display of fireworks is not in violation
of State or Federal laws. Every use or display shall be handled by
a competent operator, sponsored by a civic organization and shall
be of such character and so located, discharged or fired so as not
to be hazardous to property or to endanger any person. No permit granted
hereunder shall be transferable. Every permittee shall furnish a bond
or certificate of insurance in an amount deemed adequate by the Board
of Aldermen 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, their agents, employees
or subcontractor. Any fireworks that remain unfired after this display
is concluded shall be immediately disposed of in a way safe for the
particular type of fireworks remaining.