(a) Fireworks.
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Any firecracker, torpedo, skyrocket, roman candle, sparkler, spit devil or other similar thing.
(b)
Sale.
It shall be unlawful for any person, association of persons, firm or corporation to sell or offer for sale, either directly or indirectly, any type of fireworks within the corporate limits of the city.
(c)
Possession or discharge.
It shall be unlawful for any person, association of persons, firm or corporation to possess, discharge, or cause to be discharged any fireworks within the corporate limits of the city.
(d)
Exception for public displays.
Nothing in this section shall prohibit the city council from granting permits for celebration of special events with fireworks under the direction and supervision of the fire marshal.
(e)
Manufacture or storage.
It shall be unlawful for any person, association of persons, firm or corporation to manufacture or store fireworks within the corporate limits of the city.
(f)
Illegal fireworks declared nuisance; seizure and destruction.
The presence of any fireworks within the city in violation of this article is hereby declared to be a common and public nuisance. The fire chief is authorized to seize and cause to be safely destroyed any fireworks found in violation of this article. Any authorized member of the fire department or any duly constituted peace officer is empowered to stop the transportation of and cause any seized fireworks to be destroyed in accordance with the terms of this article. Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city or the fire chief, or both, for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the city and to aid the fire chief in the discharge of his duties, and to particularly prevent any person from interfering with the seizure and destruction of fireworks. It shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction.
(1999 Code, sec. 42-76)