Any sparkler, squib, rocket, firecracker, roman candle, torpedo,
fire balloon, star shell, cannon cracker, gerb, or any other substance
in whatever combination by any designated name used to obtain a visible
or audible pyrotechnics display, and shall include all articles or
substances within the commonly accepted meaning of fireworks, whether
herein specifically designated and defined or not.
Any natural person, association of persons, partnership,
corporation, agent or officer, and shall also include all warehousemen,
common and private carriers, bailees, trustees, receivers, executors,
administrators, parents, and guardians.
(2005 Code, sec. 9.2.01)
It shall be unlawful, except as hereinafter provided, for any
person to have, keep, store, use, manufacture, assemble, sell, handle,
transport, receive, offer for sale, 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.
(2005 Code, sec. 9.2.02)
(a)
This
article shall not apply to supervised public displays of fireworks
by the municipality, fair associations, amusement parks, and other
organizations or groups of individuals, provided that a permit for
such a fireworks display has been obtained from the city council.
The city council shall have the power to adopt reasonable rules and
regulations for the granting of such permits.
(b)
Application
for permits shall be made in writing at least fifteen days in advance
of the date of the display. After such privilege shall have been granted,
sale, possession, use, and distribution of fireworks for such display
shall be lawful for that purpose only. No permit granted hereunder
shall be transferable.
(c)
The
permittee shall furnish a bond in an amount deemed adequate by the
city council, but not less than five hundred dollars, conditioned
for the payment of all damages which may be caused either to a person
or persons or to property by reason of the permitted display and arising
from any acts of the permittee, his agents, employees or subcontractors.
(2005 Code, sec. 9.2.03)
The presence of any fireworks within the jurisdiction of the
city in violation of this article is hereby declared to be a nuisance.
The chief of police is hereby directed and required to seize and cause
to be destroyed any fireworks found within the jurisdiction in violation
of this article, and any police officer of the city or any other 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 chief of
police can be notified in order that the 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, the chief
of police or both for such injunctive relief as may be necessary to
prevent unlawful storage, transportation, keeping, or using of fireworks
within the jurisdiction of the city and to aid the chief of police
in the discharge of his duties, and to particularly prevent any persons
from interfering or attempting to interfere 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 chief of police 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.
(2005 Code, sec. 9.2.05)
