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:
Fireworks.
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.
Person.
Includes any natural person, association of persons, partnerships, corporations, agent or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators.
(Ordinance 2016-03 adopted 2/23/16)
Except as otherwise specifically provided in this article, it shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, sell, offer for sale, use, discharge, cause to be discharged, ignite, detonate, fire or have in their possession any fireworks of any description. It shall be unlawful for any parent or guardian of any minor child to permit or allow such minor child to be in violation of this section.
(Ordinance 2016-03 adopted 2/23/16)
(a) 
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 chief is directed and required to seize and cause to be safely destroyed any fireworks found within the jurisdiction in violation of this article, and any member of the city fire department or any city police officer 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 chief can be notified in order that such fireworks may be seized and destroyed in accordance with the terms of this section.
(b) 
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 injunctive relief as may be necessary to prevent the unlawful sale, storage, transportation, keeping or use of fireworks within the jurisdiction of 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 such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction.
(Ordinance 2016-03 adopted 2/23/16)
This article shall not apply to:
(1) 
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.
(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 flares or rockets are transported or received and stored for use only as ship’s stores.
(3) 
Signal flares or rockets for military or police use.
(4) 
Firework displays where the city has issued a permit for such activity to a licensed pyrotechnic.
(Ordinance 2016-03 adopted 2/23/16)
If fireworks are packaged, unopened fireworks, such fireworks shall not be seized by a peace officer or member of the city fire department, or anyone else with authority to enforce this article.
(Ordinance 2016-03 adopted 2/23/16)
(a) 
It shall be an affirmative defense to prosecution under this article for the possession of fireworks if:
(1) 
The defendant was operating or was a passenger in a motor vehicle that was being operated in a public place; and
(2) 
The fireworks were not in the passenger area of the vehicle.
(b) 
For purposes of subsection (a), the “passenger area” of a motor vehicle means the area of the vehicle designed for the seating of the operator and the passengers of the vehicle. The term does not include:
(1) 
A locked glove compartment or similar locked storage area;
(2) 
The trunk of a vehicle; or
(3) 
The area behind the last upright seat of a vehicle that does not have a trunk.
(Ordinance 2016-03 adopted 2/23/16)