As used in this article the term “fireworks” shall
be interpreted so as to give it the same meaning as it has in common
usage, and so as to give this article its most reasonable application.
Without limiting the above statement, it shall also mean and
include any combustible or explosive composition, or any substance
or combination of substances, or device prepared for the purpose of
producing a visible or an audible effect by combustion, explosion,
deflagration, or detonation, including any devices containing any
explosive or flammable compound, or any tablet or other device containing
an explosive or flammable compound. Provided, however, that it shall
not include any auto flares, paper caps containing not in excess of
an average of twenty-five-hundredth of a grain of explosive content
per cap, and toy pistols, toy canes, toy guns, or other devices for
use of such caps.
(Ordinance 437, sec. 1, adopted 8/9/05; Ordinance 814 adopted 6/22/21)
(a)
It shall
be unlawful within the corporate limits of the City of Granite Shoals
for a person to:
(1)
Possess,
store, offer for sale, expose for sale, sell at retail, or use or
explode any fireworks; and
(2)
Act
in conjunction with, or in any manner instigate or aid a minor in
the commission of selling, offering, offering for sale, purchasing,
or discharging fireworks.
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The conduct proscribed herein shall be an offense, regardless
of whether a minor commits the offense. The commission of the offense
by the minor on the property under the control of, or owned by, any
relation in ascending line of the minor, or guardian of the minor,
shall be prima facie evidence that the relation of guardian was instigating
or aiding the minor.
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(b)
Nothing
in this article shall be construed to prohibit the use of fireworks
by railroads or other transportation agencies for signal purposes
of illumination, or the sale or use of blank cartridges for a show
or theatre, or for signal or ceremonial purposes in athletics or sports,
or for use by military organizations.
(c)
The provisions in subsection (a) of this section which make it unlawful for a person to possess, store, offer for sale, expose for sale, or sell at retail fireworks in the corporate limits of the City of Granite Shoals shall not apply to persons on land which is annexed into the City of Granite Shoals during the month of December of 2006. This subsection 2.3 expires on June 1, 2007. Nothing in this subsection shall be construed to allow: (a) the use or explosion of fireworks in violation of this article; or (b) the sale, exposure for sale, or sale at retail of fireworks in contravention of state law.
(Ordinance 437, sec. 2, adopted 8/9/05; Ordinance 437-A, sec. 1, adopted 12/12/06)
The presence of fireworks offered or exposed for sale, or stored
or held in violation of this article, is hereby declared to be a common
and public nuisance, and the chief of police, of his designated representative,
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.
(Ordinance 437, sec. 3, adopted 8/9/05)
(b)
Fine.
(1)
Any person found to be violating the provisions set out in subsection (a), above, shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $1,000.00. Each day of such violation shall constitute a separate offense.
(2)
The
penalty herein provided for shall be cumulative and not exclusive
of any other rights or remedies the city may have.
(Ordinance 437, sec. 4, adopted 8/9/05)
(1)
It shall
not be an offense under this code for the city or a person or entity
expressly permitted to do so by the city to provide a public display
of fireworks.
(2)
It shall not be an offense under this article V for any person to set off or use fireworks, as defined in section 18-91 of this article, on private property with the permission of the property owner, solely during the following dates and times:
(A)
December
31st beginning at 1:00 p.m. until 1:00 a.m. on January 1st of the
next calendar year; and
(B)
July
4th beginning at 1:00 p.m. until 1:00 a.m. on July 5th of the same
calendar year.
(C)
It
shall be an offense under this article V for any person to set off
or use fireworks at any other time without the express permission
of the city.
(Ordinance 814 adopted 6/22/21)
