(a) 
Any person who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $2,000.00.
(b) 
Any person who manufactures, assembles or stores or who transports, receives, keeps, sells, offers for sale or has in his possession any fireworks within the city limits without a valid permit shall be fined an amount not less than $500.00 and not more than $2,000.00 for each offense. If the fireworks are separately wrapped or packaged, doing any act prohibited by or omitting to do any act required by this article shall be a separate offense as to each such separately wrapped or separately packaged fireworks. Each day that a violation of this article continues with respect to any package of fireworks constitutes a separate offense.
(c) 
Any person who uses, discharges, causes to be discharged, ignites, detonates, fires or otherwise sets in action any fireworks without a permit as provided herein, in violation of the provisions of this article, is guilty of a separate offense for each act prohibited by this article. Upon conviction for the first offense the offender shall be fined an amount not to exceed $500.00. For each subsequent conviction within two years, the offender shall be fined an amount not less than $500.00 and not more than $2,000.00 for each offense.
(Ordinance 2020-O-570 adopted 10/8/20)
(a) 
It shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, offer to another or to otherwise have in his possession with intent to store, keep, sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description, except under special permit as authorized herein or in the fire prevention code.
(b) 
It shall be unlawful for any parent or guardian of any minor child below the age of eighteen (18) years to permit or allow such a minor child to store, keep, use, discharge, ignite, detonate, fire or otherwise set in action any fireworks.
(c) 
It shall be unlawful for any person to knowingly or intentionally encourage or in any way assist a person under eighteen (18) years of age to store, keep, use, discharge, ignite, detonate, fire or otherwise set in action, transport, keep, possess or otherwise store any fireworks.
(Ordinance 2020-O-570 adopted 10/8/20)
(a) 
The presence of any fireworks within the jurisdiction of the city in violation of this article is declared to be a common and public nuisance.
(b) 
The fire official, police officer, code enforcement officer or other designated official is directed and required to seize and cause to be safely destroyed any fireworks found within the city limits, in violation of this article, and the fire official, police officer, code enforcement officer or other designated official is empowered to stop the transportation of and detain any fireworks found being transported illegally or to close any building where any fireworks are found stored illegally until the proper official can be notified in order that said fireworks may be seized and destroyed in accordance with the terms of this article.
(c) 
Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city or the designated official or both for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the city and to aid the designated official in the discharge of his duties and to particularly prevent any person from interfering with the seizure and destruction of such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction.
(d) 
The designated official is authorized to enter any commercial, retail or manufacturing building or establishment where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks.
(Ordinance 2020-O-570 adopted 10/8/20)
This article does not apply to:
(1) 
Signal flares and torpedoes of the type and kind commonly used by any railroad, including auto flares, and which signal flares and torpedoes are received by and stored or transported by any railroad or trucking company for use in railroad or trucking operations;
(2) 
Paper caps containing not in excess of an average 0.25 of a grain of explosive content per cap manufactured in accordance with the interstate commerce regulations for packing and shipping as provided therein, including toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times;
(3) 
Fireworks being transported through the city or stored within the city in compliance with a valid permit issued by the ESD for a fireworks display, provided such transportation and storage shall only be valid for those permitted to transport and store the fireworks and so long as a valid permit has not expired or been revoked.
(Ordinance 2020-O-570 adopted 10/8/20)
Any person, company or other entity desiring to ignite fireworks in a controlled display must file an application with the ESD at least thirty (30) days prior to the proposed display.
(Ordinance 2020-O-570 adopted 10/8/20)