The following terms used in this article are defined as follows:
Includes 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.
Any natural person or association of natural persons, trustee,
receiver, partnership, corporation, organization or the manager, agent,
servant or employee of any of them.
(1987 Code, ch. 5, sec. 5A; 2004
Code, sec. 5.501)
It shall be unlawful for any person to have, keep, store, sell,
offer for sale, give away, use, transport, manufacture, discharge,
ignite or in any manner aid, assist or abet in the discharging or
igniting of any fireworks or explosives of any size within the corporate
limits of the city, without first securing a permit.
(1987 Code, ch. 5, sec. 5B; 2004
Code, sec. 5.502)
The possession of fireworks or explosives within the corporate
limits of the city shall constitute prima facie evidence of an intention
to violate the provisions of this article and shall be deemed an offense,
without first securing a permit.
(1987 Code, ch. 5, sec. 5C; 2004
Code, sec. 5.503)
(a)
Any
person, firm or corporation violating any of the provisions of this
article shall be deemed guilty of a misdemeanor, and each day that
such violation continues shall constitute a separate and distinct
offense.
(b)
In
case of any willful violations of any of the terms and provisions
of this article, the city, in addition to imposing the penalties above
provided, may institute any appropriate action or proceeding in any
court having proper jurisdiction to restrain, correct or abate such
violation; and the definition of any violation of the terms of this
article as a misdemeanor shall not preclude the city from invoking
all civil remedies given to it by the laws of the state, but same
shall be cumulative and subject to prosecution as hereinabove prescribed
for such violation.
(1987 Code, ch. 5, sec. 5D; 2004
Code, sec. 5.504)
(a)
Any
person or group desiring to secure a permit shall first make written
application for a permit to the fire marshal of the city.
(b)
It
shall be the duty of the officer to whom the application for a permit
is made to make an investigation and submit a report of his findings
and his recommendation for or against the issuance of a permit, together
with his reasons for or against the issuance of the permit, with his
reasons therefor, to the city council.
(c)
The
city council shall have the power in its discretion to grant or deny
the application subject to such reasonable conditions, if any, as
it shall prescribe.
(d)
It
shall be the duty of the officer to whom the application for a permit
is made to make an investigation as to whether such, as proposed,
will be of such a character and will be so located that it may be
hazardous to property or dangerous to any person, and he shall in
the exercise of reasonable discretion grant or deny the application
subject to appeal to the city council.
(1987 Code, ch. 5, sec. 5E; 2004
Code, sec. 5.505)
