The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fireworks
means any composition or device designed to produce a visible or audible effect by combustion, explosion, deflagration or detonation, and that is defined as "special fireworks" by 49 CFR 173.88(d) or as "common fireworks" by 49 CFR 173.100(r).
Person
means a natural or legal person, parent, guardian, association, firm, company, whether incorporated or unincorporated.
(Ordinance 307, sec. I, adopted 8/3/72)
It shall be unlawful for any person to manufacture, sell, or offer for sale, discharge or possess fireworks of any type, or to permit any such violation of this article.
(Ordinance 307, sec. II, adopted 8/3/72)
This article excludes from the general prohibition of fireworks the following items:
(1) 
A toy pistol, toy cane, toy gun, or other device that uses paper or plastic caps in sheets, strips, rolls, or individual caps that contain not more than an average of 2500ths of a grain of explosive composition per cap and that is packed and shipped under 49 CFR 173(1996);
(2) 
A model rocket or model rocket motor designed, sold and used to propel recoverable aero models;
(3) 
A propelling or expelling charge consisting of a mixture of sulfur, charcoal, and potassium nitrate;
(4) 
Novelties or trick noisemakers;
(5) 
The sale, at wholesale, of any type of fireworks by a resident manufacturer, distributor, importer, or jobber if the fireworks are intended for shipment directly out of state under state and federal regulations;
(6) 
The sale or use of, in emergency situations, pyrotechnic signaling devices or distress signals for marine, aviation or highway use;
(7) 
The use of a fuse or a railway torpedo by a railroad;
(8) 
The sale of blank cartridges for use in a radio, television, film or theater production; a signal or ceremonial purpose in an athletic event; or an industrial use; or
(9) 
The use of a pyrotechnic device by a military organization.
(Ordinance 307, sec. III, adopted 8/3/72)
The presence of any fireworks in violation of this article is hereby declared to be a public nuisance. The fire marshal is hereby directed to seize and safely destroy any fireworks found within the jurisdiction of the city. Any member of the fire or police department is empowered to stop and detain the illegal transportation of any fireworks, and to close any building where fireworks are illegally stored, in order that said fireworks may be seized and destroyed. Notwithstanding any penal provision afforded in this article, the city attorney is authorized to file suit on behalf of the city for such injunctive relief as may be necessary to prevent the violation of any provision of this article, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction. Any member of the fire department is hereby authorized to enter any building where the presence of fireworks is prohibited, in order to carry out the provisions of this article.
(Ordinance 307, sec. IV, adopted 8/3/72)
Any person, firm, corporation or business entity violating this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding $2,000.00. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 307, sec. V, adopted 8/3/72; Ordinance 01-05-37, sec. 2, adopted 5/1/01)
This article shall be applicable within the corporate limits of the city and further within the area immediately contiguous and adjacent to the city limits, extending for a total distance of 5,000 foot; provided, however, that this article shall not apply within any portion of said 5,000-feet area which is contained within the territory of any other municipal corporation.
(Ordinance 307, sec. VI, adopted 8/3/72)