It shall be unlawful for any person to give away, sell, offer
or expose for sale, or have in possession with intent to give away,
sell or to use, discharge or cause to be discharged, ignited, fired
or otherwise set in action, or to possess with the intent to discharge
or cause to be discharged, ignited, fired, or otherwise set in action,
within the limits of the city, any fireworks, firecrackers, rockets,
sparklers, torpedoes, roman candles, fire-balloons, or other fireworks
or substances or any combination whatsoever designed or intended for
pyrotechnic display, except as hereinafter provided.
(Ordinance 307-91, sec. I(A), adopted 11/19/91; 1993 Code, sec. 5.401)
This article shall not apply to the sale of any such article
or articles by wholesalers to each other, or to the sale of any such
article or articles at wholesale for private or public demonstrations
as hereinafter provided, or to the storage of any such article or
articles by such wholesalers for any of such purposes, or to the sale,
storage or use of colored flares or railroad track torpedoes or other
transportation signaling devices, or to the sale, storage or use of
flashlight composition by photographers or dealers in photographic
supplies, or to the sale, storage or use of blank cartridges for theatrical
purposes or for signal purposes in athletic contests or sports events,
or for the use of any police organization or federal or state militia.
(Ordinance 307-91, sec. I(B), adopted 11/19/91; 1993 Code, sec. 5.402)
(a)
Permit.
Permits for the public or private display of
fireworks may be issued by the fire marshal, provided a person desiring
to display any fireworks shall apply in writing to the fire chief
for a permit at least fifteen (15) days in advance of the date of
the proposed display and shall set forth:
(1)
The name of the organization sponsoring the display together with
the names of persons actually in charge of the firing of the display.
(2)
The date and time of day at which the display is to be held.
(3)
The exact location planned for the display.
(4)
The description setting forth the age, and experience in display
of fireworks, of the persons who are to be doing the actual discharging
of the fireworks.
(5)
The number and kinds of fireworks to be discharged.
(6)
The manner and place of storage of such fireworks prior to the display.
(7)
A diagram of the grounds on which the display is to be held showing
the point at which the fireworks are to be discharged, the location
of all buildings, highways, telegraph, telephone or other overhead
obstructions and trees located within two hundred (200) yards from
the point at which the fireworks are to be discharged, and the lines
behind which the audience will be restrained. Such permit shall not
be granted unless such display shall be of such a character and so
located, discharged or fired as in the opinion of the fire chief,
after proper study of the application and proper inspection of the
proposed premises, shall not be hazardous to property or endangering
to any person.
(b)
Authority of fire marshal.
The fire marshal shall have
the right to be present at the discharge of any public or private
display of fireworks for which a permit has been issued hereunder
and shall have the right to cause the same to be stopped unless it
is conducted in strict accordance with the statements made in the
application for the permit.
(Ordinance 307-91, sec. I(C), (D),
adopted 11/19/91; 1993 Code, secs.
5.403, 5.404)
