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 composition or device designed to produce a visible or
audible effect by combustion, explosion, deflagration, or detonation.
A person under 18 years of age.
Includes any natural person, association of persons, partnership,
corporation, agent, or officer; and shall include all warehousemen,
common and private carriers, bailees, trustees, receivers, executors,
administrators, parents, and guardians.
(Ordinance 990713 adopted 7/12/99)
It shall be unlawful for any person to possess, use, manufacture,
sell, offer for sale, give away, transport, or discharge fireworks
of any description, within the corporate limits of the city unless
authorized by the city counsel.
(Ordinance 990713 adopted 7/12/99)
No parent or guardian of a minor shall furnish money or a thing
of value to a minor for the purchase of fireworks or encourage, act
in conjunction with or in any manner instigate or aid a minor in the
commission of having, keeping, storing, selling, offering for sale,
giving away, using, transporting or manufacturing fireworks within
the corporate limits of the city. The violation of this section shall
be an offense regardless of whether or not the minor shall be charged
or found guilty of the offense. The commission of the offense by the
minor on the property under the control or owned by the parent or
guardian shall be prima facie proof that the parent or guardian aided
the minor.
(Ordinance 990713 adopted 7/12/99)
The presence of any fireworks within the jurisdiction of the
city in violation of this article is hereby declared to be a nuisance.
The director of public safety is hereby directed and required to seize
and cause to be destroyed any fireworks found within the jurisdiction
in violation of this article, and any police officer of the city or
any other 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 director of public safety can be notified in order that the said
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
for such injunctive relief as may be necessary to prevent unlawful
storage, transportation, the keeping, or the using of fireworks within
the jurisdiction of the city, and to aid the director of public safety
in the discharge of his duties and to particularly prevent any person
from interfering or attempting to interfere 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 director of public safety is hereby authorized to enter any building
where the lawful presence of fireworks is suspected in order to inspect
the same for the presence of such fireworks.
(Ordinance 990713 adopted 7/12/99)
Any person or entity who shall violate any of the provisions
of this article or fail to comply therewith or with any requirements
thereof, shall be guilty of a misdemeanor and upon conviction thereof
shall be fined not less than $1.00 nor more than $2,000.00. Each day
of such violation shall constitute a separate offense.
(Ordinance 990713 adopted 7/12/99)
