A device that can be used to produce, or is intended to produce,
a striking display such as light, noise, or smoke, or a combination
thereof by the combustion of explosive or flammable material and composition.
(Ordinance 2018-06-26-02 adopted 6/26/18)
Fireworks located within the city limits are hereby declared
to be a public nuisance.
(Ordinance 2018-06-26-02 adopted 6/26/18)
(a)
The
city secretary, with the approval of the city council, may issue a
special written permit for a fireworks/explosives display within the
city limits.
(b)
The
special written permits shall set forth the conditions under which
the fireworks display may be conducted.
(c)
A
person commits an offense, without regard to his mental state, if
he receives a special written permit and fails to comply with the
conditions set forth in the permit.
(d)
No
person may sell, offer for sale, give away, use, receive, or manufacture
any fireworks within the city limits.
(e)
Aiding
a minor is prohibited. A person commits an offense, without regard
to his mental state, if he encourages or in any way aids a person
under eighteen (18) years of age in possessing or discharging fireworks
within the city limits.
(Ordinance 2018-06-26-02 adopted 6/26/18)
A person commits an offense, without regard to his mental state,
if he conducts fireworks activity in contravention to this article.
It shall not be a defense to prosecution if a person allows a minor
to conduct fireworks activity in contravention to this article.
(Ordinance 2018-06-26-02 adopted 6/26/18)
Any person violating a portion or provision of this article
may be deemed guilty of a misdemeanor and, upon conviction thereof,
may be punishable by the assessment of a fine not to exceed $500.00,
and a separate offense may be deemed committed upon each day during
or on which a violation occurs or continues.
(Ordinance 2018-06-26-02 adopted 6/26/18)
(a)
The
defendant was operating or was a passenger in a motor vehicle that
was being operated in a public place; and
(b)
The
fireworks were not in the passenger area of the vehicle. Passenger
area of a motor vehicle means the area designed for the seating of
the operator and the passengers of the vehicle. This term does not
include:
(Ordinance 2018-06-26-02 adopted 6/26/18)
