As used in this article:
means and includes 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.
means and includes any natural person, association of persons,
partnership, corporation, or agent or officer of a corporation, and
shall also include all warehousemen, common and private carriers,
bailees, trustees, receivers, executors, and administrators.
(Ordinance 91-5-1, sec. 1, adopted 5/2/91)
Any person who shall manufacture, assemble, store, transport, receive, keep, sell, offer for sale or have in his possession with intent to sell any fireworks shall be fined in accordance with the general penalty provided in section 1.01.009 of this code, unless otherwise permitted in this article. Any parent or guardian of any minor child below the age of fourteen (14) who permits or allows such minor child to use, discharge, ignite, detonate, fire or otherwise set in action any fireworks shall be fined in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 91-5-1, sec. 5, adopted 5/2/91; Ordinance adopting 2018 Code; Ordinance 2022-06-05 adopted 6/21/22)
This article shall be applicable and in force throughout the
territory of the city within its corporate limits and extending for
a distance outside the city limits for a total of one-half mile outside
the city limits in any direction; provided that this article shall
not be in effect within any portion of such one (1) mile area which
is contained within the territory of any other municipal corporation.
(Ordinance 91-5-1, sec. 6, adopted 5/2/91)
It shall be unlawful for any person to manufacture, assemble,
store, transport, receive, keep, sell, offer 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,
unless otherwise permitted in this article.
(Ordinance 91-5-1, sec. 2, adopted 5/2/91; Ordinance 2022-06-05 adopted 6/21/22)
This article shall not apply to signal flares and torpedoes
of the type and kind commonly used by any railroad and by any such
railroad for use in railroad operation, nor shall this article apply
to 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 or stored for use only as ship’s
stores, nor shall this article apply to signal flares or rockets for
military or police use.
(Ordinance 91-5-1, sec. 3, adopted 5/2/91)
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 chief of police 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
police department 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 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 or the chief of police 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 chief of police 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. The chief of police or any member of
the police department of the city 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.
(Ordinance 91-5-1, sec. 4, adopted 5/2/91)
(a)
Generally.
Fireworks may be used, shot, ignited, stored,
displayed, or otherwise possessed, as part of a special event when
holding an event for a paying customer, or by public authorities,
private persons, or organizations, that have been granted a permit
for such action by the city fire marshal. Each application for such
a permit shall be referred to the fire marshal, who shall inspect
the location. If the fire marshal shall report that the location is
unobjectionable relative to fire hazards and safety, they may issue
said permit upon the receipt of a permit fee as established by the
city council. Such permit may be granted for a period not to exceed
six (6) days, and shall specify:
(1)
The name and address of the applicant, or the principal officers
thereof if a corporation or association;
(2)
Details regarding the location where the fireworks are to be stored,
used, or otherwise possessed;
(3)
The exact time when such fireworks are to be used and the duration;
(4)
The nature of the occasion; and
(5)
A list of the fireworks to be used.
(b)
State licensure and permits.
The applicant for any fireworks
permit shall provide with the permit application a copy of any license
or permit required by the state to engage in any actions applied for
on a city fireworks permit, including but not limited to use, storage,
or public display. A copy of each permit shall be filed in the office
of the city secretary.
(Ordinance 2022-06-05 adopted 6/21/22)
It shall be an affirmative defense of 3002 HOP, LTD., owner
of Boyd Farm, to a violation of this article if 3002 HOP, LTD., without
a permit from the city, stores fireworks for use or uses fireworks,
if 3002 HOP, LTD:
(1)
Is
storing or using such fireworks for a paying customer’s event
at Boyd Farm;
(2)
Consults
with and has approved by the city’s fire marshal such storage
or use;
(3)
Provides
a courtesy notice to the city not later than three (3) days prior
to the firework display providing the date, approximate time, and
duration of the display; and
(4)
Is in compliance with state licensure and/or permit requirements for such activities as provided under section 6.04.007(b) herein.
(Ordinance 2022-06-05 adopted 6/21/22)
