The term “fireworks” shall mean and be defined as
any combustible or explosive composition or substance or combination
of substances, or article, prepared for the purpose of producing a
visible or an audible effect or sound by combustion, explosion, deflagration
or detonation, to include, but not be limited to, firecrackers, cannon
crackers, torpedoes, skyrockets, Roman candles, sparklers, squibs,
fire balloons, star shells, gerbs or other devices of like construction.
The term shall include all articles or substances within the commonly
accepted meaning of “fireworks,” but shall not include
motor vehicle warning flares, paper caps, toy pistols, toy canes or
other devices for the use of such caps.
(1987 Code, ch. 5, sec. 3A; 2001
Code, sec. 5.301)
(a)
Except
as provided in this article, it shall be unlawful for any person,
firm or entity to manufacture, store, offer for sale, expose for sale,
sell at wholesale or retail, or explode any fireworks within the city
limits unless a permit is granted for a public display. Each applicant
for such a permit shall be referred to the city fire marshal, who
shall inspect the proposed location and facilities for safety and
fire hazards. The city secretary may issue such permit upon receipt
of a permit fee as set by the city council and written approval from
the city fire marshal, together with an indemnity bond in the sum
of two thousand dollars ($2,000.00) with good and sufficient sureties
for payment of any and all claims that may arise. Such permit shall
be approved by the city secretary and shall set forth specific dates
and hours for such display.
(b)
Application
for display permits shall be made in writing at least fifteen (15)
days in advance of the date of display. No permit granted shall be
transferable.
(c)
Fireworks
to be used under such a permit shall not be stored, kept or discharged
within three hundred (300) feet of any gasoline or volatile fuel station,
gasoline or volatile fuel pump, or gasoline or volatile fuel bulk
storage station or any structure in which gasoline or other volatile
liquids or gases are kept, stored or transported in bulk.
(d)
Any
fireworks that remain unfired after a display is concluded shall be
immediately disposed of in a manner deemed safe for the particular
type of fireworks remaining.
(1987 Code, ch. 5, sec. 3B; 2001
Code, sec. 5.302)
Nothing in this article shall be construed to apply to the sale,
storage or use of railroad flares or torpedoes or other signaling
devices used by railroads or transportation companies, nor to high
explosives used for blasting or similar purposes, when used solely
for the necessary conduct of construction, transportation, manufacturing
or industry; nor to the conduct of the affairs of the U.S. armed forces,
nor to law enforcement agencies.
(1987 Code, ch. 5, sec. 3C; 2001
Code, sec. 5.303)
The city fire marshal and/or the city police department shall
seize, take, remove or cause to be removed, at the expense of the
owner, all stocks of fireworks offered or exposed for sale, stored
or held in violation of this article, and shall make and/or insure
safe disposal of the same.
(1987 Code, ch. 5, sec. 3D; 2001
Code, sec. 5.304)
