The term “fireworks,” as used in this article, shall
mean and include any firecrackers, cannon crackers, skyrockets, torpedoes,
roman candles, sparklers, squibs, fire balloons, star shells or any
other substance in whatever combination by any designated name intended
for use in obtaining visible or audible pyrotechnic display, and such
term shall include all articles or substances within the commonly
accepted meaning of fireworks, whether herein specially designated
and defined or not.
(2001 Code, sec. 5.302)
It shall be unlawful for any person, firm, or corporation to
sell, use, shoot, or ignite, within the city, any fireworks, except
as provided for in division 2 hereof.
(2001 Code, sec. 5.301; Ordinance
adopting Code)
This article shall not apply to articles used by railroads or
transportation companies, nor to high explosives used for blasting
or similar purposes, when used solely for the necessary conduct of
construction, transportation, manufacturing or industry, nor to the
conduct of the affairs of the army, navy or militia.
(2001 Code, sec. 5.306)
Fireworks as provided in this article may be used, shot, ignited,
and displayed in open lots, or as a part of the conduct of a play,
circus or similar entertainment, by public authorities or by private
persons or organizations that have been granted a permit for such
display by the city fire marshal. Each application for such a permit
shall be referred to the city fire marshal, who shall inspect said
location. If said fire marshal shall report that the location is unobjectionable
from the standpoint of fire hazards and safety, the city fire marshal
may issue said permit upon the receipt of a permit fee as provided
for in the fee schedule found in appendix A of this code. Such permit
may be granted for a period not to exceed six (6) days, and shall
specify the name and address of the applicant or applicants, or the
principal officers thereof if a corporation or association, the location
where said fireworks are to be used, the exact time when such fireworks
are to be used and the nature of the occasion, together with a list
of the fireworks to be used. A copy of each permit shall be filed
in the office of the city secretary.
(2001 Code, sec. 5.303)
The city fire marshal may require an indemnity bond in the sum
of five thousand dollars ($5,000.00) with good and sufficient sureties
for payment of all claims that may arise by reason of injuries to
persons or property from the handling, use or discharge of fireworks
under such permit. Such bond will be taken in the name of the city
and any person injured may bring an action on said bond in his own
name to recover the damage sustained to person or property.
(2001 Code, sec. 5.304)
Fireworks to be used under such a permit shall not be stored,
kept, or discharged within three hundred (300) feet of any gasoline
pump, gasoline filling station or gasoline bulk station, or any structures
other than motor vehicles in which gasoline or other volatile liquids
are kept in quantities in excess of one (1) gallon.
(2001 Code, sec. 5.305)
