It shall be unlawful for any person, firm, or corporation to
have, keep, store, sell, offer for sale, give away, use, transport,
manufacture, discharge, ignite or any manner aid, assist or abet in
the discharging or igniting of any fireworks within the corporate
limits of the city.
(Ordinance 5, sec. I, adopted 2/16/82; Ordinance adopting Code)
“Fireworks,” as that term is used herein, is defined
as any contrivance made of paper, paste, board, or other material,
and containing explosives or materials combined in various proportions
for the purpose, when ignited or lighted by hand or otherwise, of
making a noise, creating an explosion or producing a pyrotechnic display.
(Ordinance 5, sec. II, adopted 2/16/82)
The possession of any fireworks within the corporate limits
of the city shall constitute prima facie evidence of an intention
to violate the provisions of this article and shall be deemed an offense.
(Ordinance 5, sec. III, adopted 2/16/82; Ordinance adopting Code)
Nothing in this article shall be construed to prevent any public
demonstration or display of fireworks of any kind if conducted under
proper police supervision after application is made and a permit issued
by the chief of the fire department of the city for such demonstration.
Said permit shall not be granted unless such demonstration or display
shall be of such a character, and so located, discharged or fired,
as in the opinion of the said chief of the fire department, after
proper inspection, shall not be hazardous to property or endanger
any person or persons.
(Ordinance 5, sec. IV, adopted 2/16/82; Ordinance adopting Code)
(a) Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and the person, firm or corporation, or an employee, agent, manager or officer thereof, who is found guilty of violating any of the provisions hereof shall upon conviction be fined in accordance with the general penalty provided in section
1.01.009 of this code for each offense, and every violation of, and each and every day’s refusal to comply with, the said provisions will constitute a separate and distinct offense; and in case of willful or continued violation by any person, firm or corporation as aforesaid, or their agents, employees, servants or officers, the city shall have power to revoke and repeal any license under which said person, firm, or corporation may be acting, and revoke all permits, privileges and franchises granted to said person, firm or corporation aforesaid.
(b) The
city may also bring suit for injunction against any person, firm or
corporation who shall violate or threaten to violate any of the provisions
of this article, in order to prevent a continued or such threatened
violation.
(Ordinance 5, sec. V, adopted 2/16/82; Ordinance adopting Code)