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:
Any firecrackers, cannon crackers, skyrockets, torpedoes,
roman candles, sparklers, squibs, fire balloons, star shells, or any
other substance in whatever combination by any designated name intended
for use in obtaining visible or audible pyrotechnic display. Such
term shall include all articles or substances within the commonly
accepted meaning of fireworks, whether specially designated and defined
in this section or not.
Any natural person, association of persons, partnership,
corporation, agent or officer of a corporation. Such term shall also
include all warehousemen, common and private carriers, bailees, trustees,
receivers, executors and administrators.
(Ordinance 08-06-17A, sec. II(a),
adopted 6/17/08)
Except as otherwise specifically provided in this article, it
shall be unlawful for any person to manufacture, assemble, store,
transport, receive, keep, sell, offer or have in his possession with
intent to sell, use, discharge, cause to be discharged, ignite, detonate,
fire or otherwise set in action any fireworks of any description.
(Ordinance 08-06-17A, sec. II(b),
adopted 6/17/08)
It shall be lawful to transport I.C.C. class C common fireworks,
as defined by state law, by motor vehicles that meet the Interstate
Commerce Commission requirement for transporting I.C.C. class C common
fireworks and are equipped with at least one (1) ten-pound fire extinguisher
for extinguishing fire, along and upon state highways within the city.
(Ordinance 08-06-17A, sec. II(c),
adopted 6/17/08)
This article shall not apply to:
(1)
Signal
flares and torpedoes of the type and kind commonly used by the railroads,
which signal flares and torpedoes are received by and stored or transported
by any railroad for the use in railroad operations.
(2)
Any
marine signal flare or rocket of the type and kind commonly carried
by a vessel at sea for its own use and which signal flare or rocket
is transported or received or stored for use only as ship’s
stores;
(3)
Toy
paper pistol caps which contain less than twenty-five one-hundredths
grains of explosive compounds shall not be affected by this article
and the sale and use is permitted at all times;
(4)
Sparklers;
(5)
Any
type of flare or similar signal device used for military or police
purposes; or
(6)
Any
type of starter’s blanks, cartridges and/or pistols used at
theatrical or athletic events
(Ordinance 08-06-17A, sec. II(d),
adopted 6/17/08)
The presence of any fireworks within the jurisdiction of the
city in violation of this article is hereby declared to be a common
and public nuisance. The fire marshal is directed and required to
seize and cause to be safely destroyed any fireworks found in violation
of this article and any member of the fire prevention division of
the fire department, any police officer of the city or any other duly
constituted peace officer is empowered to stop the transportation
of and detain any fireworks found being transported illegally or to
close any building where any fireworks are found stored illegally
until the fire marshal can be notified in order that such fireworks
may be seized and destroyed in accordance with the terms of this section.
Notwithstanding any penal provision of this article, the city attorney
is authorized to file suit on behalf of the city or the fire marshal,
or both, for such injunctive relief as may be necessary to prevent
unlawful storage, transportation, keeping or use of fireworks within
the jurisdiction of the city and to aid the fire marshal in the discharge
of his duties and to particularly prevent any person from interfering
with the seizure and destruction of such fireworks. It shall not be
necessary to obtain any such injunctive relief as a prerequisite to
such seizure and destruction.
(Ordinance 08-06-17A, sec. II(e),
adopted 6/17/08)
The fire marshal is hereby authorized to enter any building
where the unlawful presence of fireworks is suspected in order to
inspect the same for the presence of such fireworks; but such authority
does not include the right to enter a private dwelling or apartment.
(Ordinance 08-06-17A, sec. II(f),
adopted 6/17/08)
Any person who shall manufacture, assemble, store, transport,
receive, keep, sell, offer for sale or have in his possession with
intent to sell any fireworks in violation of this article shall be
fined in an amount not to exceed $2,000.00 for each offense. If the
fireworks are separately wrapped or packaged, the doing or omitting
to do any act prohibited by this article shall be a separate offense
as to each such separately wrapped or separately packaged fireworks.
Each day that a violation of this article shall continue with respect
to any package of fireworks shall constitute a separate offense.
(Ordinance 08-06-17A, sec. II(g),
adopted 6/17/08)
The provisions of this article shall not apply to a public display
of fireworks made under the terms and conditions of this division
and such a display shall be permitted, upon compliance with the provisions
of this division.
(Ordinance 08-06-17A, sec. III(a),
adopted 6/17/08)
Any adult person or any firm, co-partnership, corporation or
association planning to make a public display of fireworks shall first
make written application for a permit to the fire department at least
fourteen (14) days in advance of the date of the proposed display.
No city permit shall be issued until a permit issued for such purposes
has been issued by the state except for a 1.4G (or class C) aerial
fireworks display permit which can be approved by the city’s
fire marshal.
(Ordinance 2021-06 adopted 2/23/21)
It shall be the duty of the fire marshal to make an investigation
as to whether the display as proposed by the applicant for a permit
under this article shall be of such a character that it may be hazardous
to property or dangerous to any person, and he shall, in the exercise
of reasonable discretion, grant or deny the application, subject to
the conditions prescribed in this article. If the application is approved,
a permit shall be issued for the public display by the fire department.
Such permit shall be for a period of time designated on the permit,
but shall not exceed fourteen (14) days, and the permit shall not
be transferable. In the event that the application is denied by the
fire department, they shall notify the applicant of the denial in
writing.
(Ordinance 2021-06 adopted 2/23/21)
(a)
The
applicant for a display permit under this article shall, at the time
of making application, furnish proof that he carries compensation
insurance for their employees as provided by the laws of the state,
and they shall file with the code enforcement officer, a certificate
of insurance evidencing the carrying of public liability insurance
in an amount not less than five hundred thousand dollars ($500,000.00)
issued by an insurance carrier authorized to transact business in
the state, for the benefit of the person named therein as assured,
as evidence of ability to respond in damages in at least the amount
of five hundred thousand dollars ($500,000.00), such policy to be
approved by the city.
(b)
An
applicant that is approved and permitted for a 1.4G (or class C) aerial
fireworks display that is within the state requirements need not furnish
the public liability insurance or bonding coverage that is required
of a 1.3G (or class B) fireworks display.
(Ordinance 08-06-17A, sec. III(d),
adopted 6/17/08; Ordinance
2021-06 adopted 2/23/21)
Any fireworks display authorized under this article shall be
limited to an aerial display. Except as determined by the city council,
no fireworks display shall be allowed after 11:00 p.m. unless the
same is specifically authorized by permit for the celebration of a
New Year during the night of December 31 through January 1.
(Ordinance 08-06-17A, sec. III(e),
adopted 6/17/08)
The material to be used for a public display authorized by this
article shall not be stored within the city limits, but shall be brought
in on the day of the public display and then shall be taken immediately
to the place of display for further handling and storage.
(Ordinance 08-06-17A, sec. III(f),
adopted 6/17/08)
No public display of fireworks shall be of such a character
and so located, discharged or fired as to be hazardous or dangerous
to persons or property, and this determination shall be within the
sound discretion of the fire marshal.
(Ordinance 08-06-17A, sec. III(g),
adopted 6/17/08)
The persons handling the display of fireworks under this article
shall be competent, adult persons and experienced pyrotechnic operators
approved by the fire marshal. No person not approved by the fire marshal
shall handle fireworks at the public display. The names of the experienced
pyrotechnic operators shall be designated on the permit issued.
(Ordinance 08-06-17A, sec. III(h),
adopted 6/17/08)
For each public display of fireworks under this article, not
less than two (2) firefighters of the city may be required to be in
attendance during the display, as determined by the permitting authority.
The expense of such firefighters at the display shall be borne by
the applicant for the permit and shall be paid in advance at the time
of the application for the permit.
(Ordinance 2021-06 adopted 2/23/21)
A city fireworks permit does not exempt or excuse the individual
conducting the fireworks display from the consequences, damages, or
injuries resulting from this display and does not exempt or excuse
anyone from complying with all other applicable laws or ordinances,
regulations, and orders of governmental entities having jurisdiction,
even though this display is otherwise conducted in compliance with
this regulation.
(Ordinance 08-06-17A, sec. III(j),
adopted 6/17/08)
