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)
(a) 
This article shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroad and which signal flares and torpedoes are received by and stored or transported by any such railroad for use in railroad operation; nor shall this article apply to signal flares or rockets for military or police use.
(b) 
Public displays of fireworks shall be allowed only after application to the fire chief who recommends to the city council and the city council finds that:
(1) 
The proposed display meets state permitting requirements.
(2) 
Sufficient insurance coverage is provided for the event.
(3) 
Assurances for all reasonable safety concerns have been met.
(1990 Code, sec. 7.103)
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)