The term “fireworks” as used in this article shall
mean and include any firecrackers, cannon crackers, skyrockets, torpedoes,
Roman candles, sparklers, squibs, fire balloons, star shells, gerbs
or any other substance in whatever combination by any designated name
intended for use in obtaining visible or audible pyrotechnic display
and shall include all articles or substances within the commonly accepted
meaning of fireworks whether herein specially designated and defined
or not.
(1990 Code, sec. 7.101)
This article shall be applicable and in force throughout the
territory of the city within its corporate limits. This article shall
also be applicable and in force within the area immediately adjacent
and contiguous to the city limits and extending for a distance outside
the city limits for a total of five thousand feet (5,000'), and it
shall be unlawful to do or perform any act in violation of this article
within such area; provided, that this article shall not apply within
any portion of such five-thousand-foot area which is contained within
the territory of any other municipal corporation.
(1990 Code, sec. 7.105)
It shall be unlawful for any person to manufacture, assemble,
store, transport, receive, keep, sell, give away, offer or have in
his or her possession with intent to sell, give away, use, discharge
or cause to be discharged, ignite, detonate, fire or otherwise set
in action any fireworks of any description.
(1990 Code, sec. 7.102)
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 within
the jurisdiction in violation of this article, and the fire chief
or 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 the said fireworks may be seized and
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 marshal or both for
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 or
her duties and to particularly prevent any person from interfering
with the seizure and destruction of such fireworks, but it shall not
be necessary to obtain any such injunctive relief as a prerequisite
to such seizure and destruction. The fire marshal or the fire chief
or any police officer of the city is hereby authorized to enter any
building at any reasonable time where the unlawful presence of fireworks
is suspected in order to inspect the same for the presence of such
fireworks.
(1990 Code, sec. 7.104; Ordinance
adopting Code)