[Code 2005 § 42-211]
It shall be unlawful for any person, firm or corporation to
sell, possess, use, transfer, discharge or explode any fireworks within
the City, provided that this prohibition shall not apply to duly authorized
outdoor public displays.
[Code 2005 § 42-212; Ord. No. 12-15-14-09, § 1, 12-15-2014]
A.
The term "fireworks" is defined as any composition or device for
the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation, and which meets the definition
of "Consumer Fireworks" 1.4G, "Display Fireworks" 1.3G, Articles,
"Pyrotechnic" 1.4G or 1.4S as defined by the United States Department
of Transportation (DOT) Title 49, CFR. The term "consumer fireworks"
shall not include toy cap pistols and caps, blank cartridges, railroad
flares and model rockets or any novelty.
B.
The term "novelty" means a device containing small amounts of pyrotechnic
and/or explosive composition. Such devices produce limited visible
or audible effects. These items must be approved by the United States
Department of Transportation (DOT) or have been deregulated by DOT.
[Code 2005 § 42-213]
It is unlawful for any person to engage in an outdoor public
display of fireworks within the City without first having obtained
an outdoor public display permit issued pursuant to the provisions
of this article.
[Code 2005 § 42-214]
Applications for a permit to conduct an outdoor public display of fireworks shall be made to the chief of the fire department at least 14 days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in § 10-37.
[Code 2005 § 42-215; Ord. No. 12-15-14-09, § 2, 12-15-2014]
All outdoor public fireworks displays shall conform to NFPA
1123 Code for the outdoor display of fireworks and shall conform to
the following minimum standards and conditions:
(1)
All public fireworks displays must be planned, organized and discharged
by an "outdoor display operator", licensed by the State of Oklahoma.
The licensed outdoor display operator shall be the responsible person
for all aspects of the outdoor public display.
(2)
A permit must be obtained from the City and approved by the chief
of the fire department or designee prior to any outdoor display of
public fireworks. The permit shall include the name and address of
the applicant, the name and address of the pyrotechnician operator;
the exact location, date and time of the proposed display; the number,
type and class of fireworks to be displayed; the manner in which the
fireworks are being stored prior to the outdoor public fireworks display;
and the name and address of the insurance company providing the liability
insurance required.
(3)
A drawing shall be submitted to the fire chief showing a plain view
of the fireworks discharge site and the surrounding area. The drawing
shall include all structures, fences, barricades, streets, fields,
streams and any other significant factors that may be subjected to
ignition or that may inhibit firefighting capabilities.
(4)
When, in the opinion of the chief of the fire department, such requirement
is necessary to preserve the public health, safety and welfare, the
permit may require that a fire department pumper (or other apparatus)
and a minimum of two City firefighters shall be on site 30 minutes
prior to and after the shoot of the event.
(5)
All combustible debris and trash shall be removed from the area of
discharge for a distance of 300 feet in all directions.
(6)
The permit shall be immediately revoked at any time the chief of
the fire department or designee deems such revocation is necessary
due to noncompliance, weather conditions such as, but not limited
to, extremely low humidity or high winds. The display shall also be
cancelled by accidental ignition of any form of combustible or flammable
material in the vicinity due to falling debris from the display.
(7)
Areas of public access shall be determined by the chief of the fire
department or designee and maintained in an approved manner.
(8)
The applicant shall procure and maintain a policy or policies of
public liability and property damage insurance issued by a company
or companies authorized to do business in the state in the following
minimum amounts:
a.
For injuries to any one person in one accident or occurrence, $1,000,000;
b.
For injuries to two or more persons in any one accident or occurrence,
$2,000,000;
c.
For damage to property in any one accident or occurrence, $500,000;
d.
For any one accident or occurrence, $4,000,000 combined single limit.
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The City is to be an additional named insured and the policy
shall provide for the immediate notification of the City by the insurer
of any cancellation of any policy. The applicant shall provide to
the City a certificate reflecting such insurance coverage.
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[Code 2005 § 42-216]
Any person, firm or corporation violating any provision of this
article shall be fined not less than $10 nor more than the maximum
amount allowed by law for each offense.
