A composition or device designed for entertainment to produce
a visible or audible effect by combustion, explosion, deflagration,
or detonation; a combination of explosives and combustibles, set off
to generate colored lights, smoke, and noise for amusement.
(Ordinance 1010-2013 adopted 10/12/13)
It shall be unlawful within the corporate limits of the city
for any person to manufacture, assemble, store, transport, receive,
keep, sell, offer or have in their possession with the intent to sell,
use, discharge, ignite, detonate, fire or otherwise set in action
any fireworks of any description. The presence of any fireworks within
the city in violation of this article is hereby declared to be a public
nuisance.
(Ordinance 1010-2013 adopted 10/12/13)
A home rule city that regulates fireworks may not confiscate
packaged, unopened fireworks. It is an affirmative defense to prosecution
for possession of fireworks if:
(1)
The
person 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. Passenger
area of the 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:
(Ordinance 1010-2013 adopted 10/12/13)
It is a violation to possess fireworks that are unpackaged or
open and those fireworks may be confiscated and a citation be issued
to the person or persons in possession of fireworks unless the fireworks
are located in a vehicle being operated in a public place but are
outside the passenger area.
(Ordinance 1010-2013 adopted 10/12/13)
The city council shall be authorized by resolution to permit
supervised public displays of fireworks by a jurisdiction and/or other
organization providing they meet all other applicable provisions of
the state and local fire marshal’s office and is otherwise provided
for under chapter [sic] under state law and of the state fire marshal’s
office and is otherwise permitted or provided for under state law.
(Ordinance 1010-2013 adopted 10/12/13)
Any contrivance made of paper, pasteboard or other material,
and containing explosives or materials combined in various proportions
for the purpose, when ignited or lighted by hand or otherwise, of
making a noise, creating an explosion or producing a pyrotechnic display.
(Ordinance 1010-2013 adopted 10/12/13)
It shall be unlawful for any person or persons within the corporate
limits of the city to manufacture, assemble, store, transport, receive,
keep, sell, offer or have in their possession with the intent to sell,
use, discharge, ignite, detonate, fire or otherwise set in action
any firecrackers of any description. The presence of any firecrackers
within the city in violation of this article and is hereby declared
to be a public nuisance.
(Ordinance 1010-2013 adopted 10/12/13)
The possession of a firecracker within the corporate limits shall constitute prima facie evidence of an intention to violate the provisions of section 5.08.032 and shall be deemed an offense.
(Ordinance 1010-2013 adopted 10/12/13)
