In this article:
Fireworks.
Combustible or explosive compositions, or combustible or explosive devices, designed to produce a visible or audible pyrotechnic display, including, but not limited to, firecrackers, cannon crackers, skyrockets, bottle rockets, torpedoes, roman candles, sparklers, squibs, fire balloons, star shells, gerbs, or other articles or substances within the commonly accepted meaning of fireworks. This definition does not include:
(1) 
Caps containing less than 1/4 of a grain of pyrotechnic composition when designed for use in canes or guns; or
(2) 
Noisemakers which use no more than 8/1000ths of a gram of explosive compound and do not emit visible light or smoke when detonated.
(Ordinance 81-08-18 adopted 8/18/81)
A person who violates a provision of this article shall be fined $200.00 for each offense. If the fireworks are separately packaged, the conduct in violation of this article shall constitute a separate offense as to each separately packaged fireworks. Each day that a violation of this article continues constitutes a separate offense.
(Ordinance 81-08-18 adopted 8/18/81)
No person in the city or within 500 feet outside the city limits may:
(1) 
Manufacture, sell, offer for sale, or give away fireworks; or
(2) 
Store, possess, or use fireworks.
(Ordinance 81-08-18 adopted 8/18/81)
(a) 
The presence of fireworks within the jurisdiction of the city in violation of this article is declared to be a common and public nuisance. The city police shall seize and cause to be safely destroyed any fireworks found in violation of this article.
(b) 
A member of the fire department or a city peace officer is authorized to:
(1) 
Detain any fireworks being illegally transported; and
(2) 
Close any building where illegally stored fireworks are located until the city police have been provided with an opportunity to seize and destroy the fireworks in accordance with the provisions of this article.
(c) 
Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city to:
(1) 
Prevent unlawful storage, transportation or use of fireworks within the jurisdiction of the city;
(2) 
Aid the city police in the discharge of their duties; or
(3) 
Prevent a person from interfering with the seizure and destruction of illegal fireworks in accordance with this article.
(d) 
It is not necessary to obtain injunctive relief as a prerequisite to seizure and destruction of illegal fireworks.
(Ordinance 81-08-18 adopted 8/18/81)
(a) 
Permit.
A person desiring to obtain a permit for the public display of fireworks shall, at least 10 days before using fireworks, file with the city police a completed permit application showing:
(1) 
The applicant’s:
(A) 
Business address;
(B) 
Proof of legal competency; and
(C) 
Record of previous experience with fireworks;
(2) 
Address of the proposed display;
(3) 
Amount, type, and class of fireworks to be used;
(4) 
Address of the company supplying the fireworks;
(5) 
Date of proposed display;
(6) 
Starting and ending times of the proposed display; and
(7) 
Diagram of the proposed display grounds, detailing:
(A) 
Firing points;
(B) 
Location of buildings and highways on or adjoining the grounds;
(C) 
Spectator restraining lines; and
(D) 
Overhead obstructions.
(b) 
Duties of operator; safety requirements.
The operator of a public fireworks display shall:
(1) 
Restrain spectators with barriers placed at least 200 feet from the firing point;
(2) 
Fire projectiles:
(A) 
Vertically; or
(B) 
So that they will impact in a body of water;
(3) 
Maintain an unobstructed spatial separation of:
(A) 
600 feet between the ignition point and a school;
(B) 
200 feet between the ignition point and a highway, railroad, or building other than a school; and
(C) 
50 feet between the ignition point and an overhead obstruction;
(4) 
Discontinue the display if the wind carries fireworks debris to adjoining property; and
(5) 
Immediately after display:
(A) 
Search the display site for unfired fireworks or fireworks debris; and
(B) 
Safely dispose of any unfired fireworks or fireworks debris in the manner prescribed by the city police.
(Ordinance 81-08-18 adopted 8/18/81)