Before any person, firm or corporation shall sell any fireworks within the City Limits they shall obtain a permit from the Governing Body pursuant to Chapter 10, Article 8 of this Code.
[Amended by Ord. No. 834, 10-18-1988; Ord. No. 1020, 11-2-1999]
It shall be unlawful for any person to ignite or cause to be
exploded fireworks or firecrackers of any description whatsoever,
except sparklers, vesuvious fountains, spray fountains, torches, color
fire cones, star and comet type color aerial shells without explosive
charges for the purpose of making a noise, color wheels, lady fingers,
not exceeding seven-eighths inch in length or one-eighth inch in diameter,
and which do not contain more than 50 milligrams each in weight of
explosive material and any other fireworks approved by the State Fire
Marshal, by rule or regulation, after having been submitted to him
or her and tested to determine their safety for general use under
the provisions of Section 28-1247, R.R.S.
The provisions of this Section shall not apply to any fireworks
to be used for the purpose of public exhibitions or display under
authorization of the Governing Body or to fireworks furnished for
agricultural purposes pursuant to written authorization from the State
Fire Marshal. (Ref. 28-1241, 28-1244, 28-1245 RS Neb. 28-1247 RRS
Neb.)
It shall be unlawful for any person to throw any firecracker
or any object which explodes upon contact with another object; from
or into a motor vehicle; onto any street, highway, or sidewalk; at
or near any person; into any building; or into or at any group of
persons. (Ref. 28-1242 RS Neb.)
[Added by Ord. No. 1102, 6-7-2005; amended by Ord. No.
1110, 5-16-2006; Ord. No. 1173, 10-18-2011]
(a)
Except as may be otherwise provided herein or authorized by
special permit approved by the City Council, it shall be unlawful
for any person to ignite or discharge any permitted fireworks except
daily between the hours of 9:00 a.m. to 10:30 p.m. from June 25 through
July 3, inclusive, and between the hours of 9:00 a.m. and 11:59 p.m.
on July 4..
[Added by Ord. No. 1110, 5-16-2006]
Except as may be otherwise provided herein or authorized by
special permit approved by the City Council, it shall be unlawful
for any person to possess or store on any premises under his control
any fireworks except between the dates of June 20 through July 10,
inclusive, of each year.
[Amended by Ord. No. 1020, 11-2-1999; Ord. No. 1102, 6-7-2005]
It shall be unlawful for any person to sell, hold for sale,
or offer for sale as distributor, jobber, or retailer any fireworks
without first obtaining a license from the State Fire Marshal for
that calendar year. Licensed vendors shall only sell fireworks which
have been approved by the State Fire Marshal and such permissible
fireworks may be sold at retail only between June 25th and July 4th
of each year, inclusive. (Ref. 28-1246 through 28-1250 RS Neb.)
[Amended by Ord. No. 1020, 11-2-1999; Ord. No. 1102, 6-7-2005; Ord. No.
1110, 5-16-2006]
It shall be unlawful for any person, corporation, partnership,
firm, organization, or association, its employees or agents, to exhibit,
have in his possession with the intent to give away, sell, or offer
for sale within the City limits of the City of Ralston, any squib,
torpedoes, fireworks, rockets, cracker, grenade, revolver, pistol,
cap or cartridge, or any other combustible firecracker or fireworks
of any kind except as may hereinafter be provided:
A.
The prohibition of this Section shall not apply to the sale of any
such article or articles by wholesalers to each other, or to the sale
of any such article or articles at wholesale to merchants conducting
business entirely without the City of Ralston, or to sale by wholesalers
for public demonstrations as may hereinafter be provided.
B.
The prohibition of this Section shall not apply to the sale, storage,
or use of railroad track torpedoes, or other signaling devices used
by the railroad or to the sale, storage or use of flashlight compositions
by photographers or dealers in photographic supplies or to prevent
any public demonstration or display of fireworks of any kind, if conducted
under the proper police supervision after application made and permit
issued by the City Council for such demonstration. Such permit shall
not be issued until such time as the applicant has demonstrated to
the City Council that said fireworks display will be conducted in
a safe and prudent manner, and having filed with the City Clerk, a
public liability policy of insurance in an amount not less than $750,000
in a company acceptable to the City Council.
C.
The prohibition of this Section for the sale of fireworks shall not
apply to non-profit organizations such as civic clubs, or civic organizations,
or churches, between June 25 and July 4 in each year, inclusive. Provided,
that said civic club or civic organization, or church shall have first
made application to the City Council for such sale at least 30 days
prior to June 24 for the year in which the application is being made,
and shall have obtained a permit from the City Council to conduct
such sale of fireworks within the City limits of the City of Ralston.
All such fireworks to be sold shall be of a size and type specified
and approved by the statutes of this State or as may be approved by
the State Fire Marshal. Any person, firm, organization, corporation,
or partnership may possess fireworks between June 24 and July 5, inclusive,
and may ignite or cause to be exploded during the period between June
25 and July 5 in each year, inclusive, any fireworks of a size and
type specified and approved by the statutes of this State or the State
Fire Marshal.
D.
Any organization authorized to sell fireworks pursuant to the foregoing
paragraph shall be required to provide for a supervisor at the sales
location who is at least 18 years of age during all hours of sale.
Failure to provide a supervisor of 18 years of age or older will result
in the immediate suspension of sales at the sales location until a
supervisor of the age of 18 or older is present.
Fireworks that are permissible may be sold only in the areas
of the City designated by the Governing Body and only by persons who
have obtained a permit to do so from the Governing Body in the manner
hereinbefore described. The Governing Body does hereto affirmatively
state that the limiting of permits to certain areas of the City is
for the purpose of more effectively policing the sale of fireworks
for fire and safety hazards and limiting the number of permits that
might be issued for the safety of the residents of the City. (Ref.
16-227, 16-246 RS Neb.)
[Amended by Ord. 1020, 11-2-1999]
1.
Except as provided in subsection 2 of this Section, permissible fireworks may be sold at retail or offered for sale at retail within the City only from June 25 through and including July 4 of each year: provided it shall be unlawful to sell or offer to sell any fireworks on such dates before 8:00 a.m. and after 11:00 p.m., except on July 4 when permissible fireworks may be lawfully sold or offered for sale between the hours of 8:00 a.m. and 12:00 midnight.
2.
For the celebration of the year 2000, permissible fireworks may be
sold at retail or offered for sale at retail also between December
29, 1999 and December 31, 1999, inclusive, between the hours of 8:00
a.m. and 10:00 p.m. on said dates, subject, however, to all other
Federal, State and City regulations.
(Ref. 16-227, 16-246 RS Neb.; 28-1249 RRS Neb.)
The provisions of this Article shall not apply to:
1.
Any fireworks for purposes of public exhibitions or displays purchased
from a distributor licensed under State law or the holder of a display
license issued by the State Fire Marshal as provided by State law;
or
2.
Any public exhibition or display under the auspices of any governmental
subdivision of this State, Fair or Agricultural Society; or
3.
Any fireworks brought into this State for storage by a licensed distributor
and held for sale outside of this State; or
4.
Any fireworks furnished for agricultural purposes pursuant to written
authorization from the State Fire Marshal to any holder of a distributor's
license; or
5.
Toy cap pistols or toy caps, each of which does not contain more
than twenty-five hundredths of a grain of explosive material.
(Ref. 28-1245 RS Neb.)
Any violation of this Article is hereby declared to be a nuisance.
In addition to any other relief provided by this Article, the City
Attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this Article. Such
application for relief may include seeking a temporary restraining
order, temporary injunction and permanent injunction.
[Ord. No. 835, 10-18-1988; Ord. No. 1102, 6-7-2005]
Fireworks shall mean any composition or device designed for
the purpose of producing a visible or audible effect by combustion,
deflagration, or detonation and which meets the definition of common
or special fireworks set forth by the United States Department of
Transportation in Title 49, Code of Federal Regulations. (Ref. 28-1241
RS Neb.)
