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 firecrackers, cannon crackers, skyrockets, torpedoes,
Roman candles, sparklers, squibs, fire balloons, star shells, gerbs
or other substance in whatever combination by any designated name
intended for use in obtaining visible or audible pyrotechnic display,
and shall include all articles or substances within the commonly accepted
meaning of fireworks whether specifically designated and defined in
this article or not.
Any natural person, association of persons, partnership,
corporation, or agent or officer of a corporation, and shall also
include all warehousemen, common and private carriers, bailees, trustees,
receivers, executors and administrators.
(2001 Code, sec. 26-251)
(a)
Any
person who shall manufacture, assemble, store, transport, receive,
keep, sell, offer for sale or have in his possession with intent to
sell any fireworks shall be fined $200.00 for each offense. If the
fireworks are separately wrapped or packaged, the doing or omitting
to do any act prohibited 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 shall continue with respect
to any package of fireworks shall constitute a separate offense.
(b)
Any
person who shall use, discharge, cause to be discharged, ignite, detonate,
fire or otherwise set in action any fireworks shall be fined not less
than $25.00 nor more than $200.00. Any parent or guardian of any minor
child below the age of 14 years who permits or allows such minor child
to use, discharge, ignite, detonate, fire or otherwise set in action
any fireworks shall be fined not less than $25.00 nor more than $200.00.
(2001 Code, sec. 26-257)
(a)
This
article shall be applicable and in force throughout the territory
of the city within its corporate limits.
(b)
This
article shall also be applicable and in force within the area immediately
adjacent and contiguous to the city limits and extending for a distance
outside the city limits for a total of 2,500 feet, and it shall be
unlawful to do or perform any act in violation of this article within
such area of 2,500 feet outside the city limits.
(2001 Code, sec. 26-258)
Within the applicable territory, it shall be unlawful for any
person to manufacture, assemble, store, transport, receive, keep,
sell, offer or have in his possession with intent to sell, use, discharge,
cause to be discharged, ignite, detonate, fire or otherwise set in
action any fireworks of any description.
(2001 Code, sec. 26-252)
(a)
This
article shall not apply to signal flares and torpedoes of the type
and kind commonly used by any railroad and which signal flares and
torpedoes are received by and stored or transported by such railroad
for use in railroad operation, nor shall this article apply to signal
flares or rockets for military or police use.
(b)
Fireworks
as provided in this article may be used and displayed in open fields,
public parks, or private parks, or on rivers, lakes or ponds, or as
a part of the conduct of a play, opera, 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 manager. Each
application for such permit shall be referred to the fire marshal,
who shall inspect the location. If the fire marshal shall report that
the location is unobjectionable from the standpoint of fire hazards
and safety, the city manager may issue the permit upon the receipt
of a permit fee on file in the city secretary’s office. Such
permit may be granted for a period not to exceed seven days and shall
specify the name and address of the applicant or applicants, or the
principal officers if a corporation or association, the location where
the 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 such permit shall be filed in
the office of the city secretary.
(2001 Code, sec. 26-253; Ordinance
adopting Code)
The issuing officer may require an indemnity bond in the sum
of $5,000.00 with good and sufficient sureties for payment of all
claims that may be used by reason of injuries to persons or property
from the handling, use or discharge of fireworks under such permit.
Such bond shall be taken in the name of the city, and any person injured
may bring an action on the bond in his own name to recover the damage
sustained to person or property.
(2001 Code, sec. 26-254)
Fireworks to be used under a permit required by this article
shall not be stored, kept, sold or discharged within 300 feet of any
gasoline pump, gasoline filling station or gasoline bulk station,
or any structure other than a motor vehicle in which gasoline or other
volatile liquids are kept in quantities in excess of one gallon.
(2001 Code, sec. 26-255)
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. The fire marshal is directed and required to seize and cause
to be safely destroyed any fireworks found within the jurisdiction
in violation of this article, and any police officer of the city or
any duly constituted peace officer 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 fire marshal can be notified in order that the fireworks
may be seized and destroyed in accordance with the terms of this section.
Notwithstanding any penal provision of this article, the city attorney
is authorized to file suit on behalf of the city, the fire marshal
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 fire marshal 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. The fire marshal is authorized to enter any building
where the unlawful presence of fireworks is suspected in order to
inspect the building for the presence of such fireworks.
(2001 Code, sec. 26-256)
