The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any composition or device designed to produce a visible or
audible effect by combustion, explosion, deflagration, or detonation,
and that is defined as “special fireworks” by 49 CFR 173.88(d)
(1983), or as “common fireworks” by 49 CFR 173.100(r)
(1983).
(1996 Code, sec. 38-31)
The sale and discharge of fireworks within the city is declared
to be a public nuisance.
(1996 Code, sec. 38-32)
A person commits an offense upon knowingly or intentionally
manufacturing, selling, offering to sell, possessing for sale, igniting,
detonating, or possessing with intent to ignite or detonate any fireworks
within the city.
(1996 Code, sec. 38-33)
This article shall be applicable and in force throughout the
territory of the city within its corporate limits.
(1996 Code, sec. 38-34)
For the purposes of this article, an act is deemed to have occurred
within the city if it produces its proscribed consequences within
the city.
(1996 Code, sec. 38-35)
This article shall not apply to signal flares and torpedoes
of the type and kind commonly used by railroads, common carriers,
law enforcement authorities, public works authorities or military
authorities as signal or warning devices.
(1996 Code, sec. 38-36)
In any prosecution for any violation of this article, it shall
not be necessary for the prosecution to negate any provision or exception,
but the same may be raised by the defendant by way of defense.
(1996 Code, sec. 38-37)
An offense under this article shall be punished as provided in section 1.01.013.
(1996 Code, sec. 38-38)
