As used in this article, the term "fireworks" shall be interpreted
to mean "consumer fireworks," formerly called class C fireworks, as
defined and regulated by the U.S Consumer Product Safety Commission.
Consumer fireworks include: sparklers, firecrackers containing less
than 50 milligrams of powder, Roman Candles, rockets, and nonreloadable
shells and mortars. Also permitted are novelty items such as snakes,
airplanes, ground spinners, helicopters, fountains, and party poppers.
Excluded from "consumer fireworks" and not permitted by the
city are: M-80 salutes, cherry bombs, large reloadable mortar shells
and launchers, firecrackers containing more than 2 grains of powder,
and aerial bombs.
(Ordinance 437, sec. 1, adopted 8/9/05; Ordinance 814 adopted 6/22/21; Ordinance 850 adopted 12/12/2023)
(a)
General
prohibition.
Except as otherwise specifically provided
in this article, it shall be unlawful for any person to manufacture,
assemble, sell, offer or have in possession with intent to sell, use,
discharge, cause to be discharged, ignite, detonate, fire or otherwise
set in action any fireworks of any description.
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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.
(Ordinance 437, sec. 2, adopted 8/9/05; Ordinance 437-A, sec. 1, adopted 12/12/06; Ordinance 850 adopted 12/12/2023)
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. The city manager requires the demonstration of any applicable
licensing and insurance for such persons seeking a permit for the
public display of fireworks.
(2)
It shall not be an offense under this article V for any person to possess or transport fireworks, as defined in section 18-91 of this article, at any time of the year, or to set off or use fireworks on private property with the permission of the property owner solely during the following dates and times unless a burn ban has been implemented by the city pursuant to section 18-75 of this code:
(Ordinance 814 adopted 6/22/21; Ordinance
850 adopted 12/12/2023)
