As used in this article, "fireworks" does not mean:
(1)
Fireworks being transported in interstate commerce under Department
of Transportation regulations covering the transportation of explosives
and other dangerous articles by motor, rail, and water.
(2)
The use of fireworks by transportation agencies for signal purposes
or illumination, or the sale or use of blank cartridges for a show
or theater, or for signal or ceremonial purposes in athletics or sports,
or for use by military organizations.
(3)
Caps containing less than twenty-five hundredths of a grain
of pyrotechnic composition when designed to be used in toy cannons
or guns or other devices for use of such caps, the sale and use of
which shall be permitted.
(4)
Model rockets and model rocket motors designed, sold, and used
for the purpose of propelling recoverable aero models.
(5)
The sale, storage, and use in emergency situations of pyrotechnic
signaling devices or distress signals for marine, aviation, or highway
use.
(Ordinance O-4-23 adopted 4/18/2023)
It shall be unlawful for any individual, firm, partnership,
corporation, or association to manufacture, assemble, sell, use, discharge,
cause to be discharged, ignite, detonate, fire or otherwise put in
action any fireworks of any description within the jurisdiction of
the city.
(Ordinance O-4-23 adopted 4/18/2023)
The use or discharge of any fireworks within the city limits
is declared to be a common and public nuisance and such use or discharge
is a violation of this article.
(Ordinance O-4-23 adopted 4/18/2023)
(a)
The fire marshal or any city peace officer is authorized to:
(1)
Seize, inventory, and after a conviction in a court is rendered,
cause to be safely destroyed any fireworks found in violation of this
article. It shall not be necessary to obtain injunctive relief as
a prerequisite to seizure and destruction of illegal fireworks.
(2)
Close any building where illegally stored fireworks are located
until the fire marshal has been provided with an opportunity to seize
and destroy the fireworks in accordance with the provisions of this
article.
(b)
Notwithstanding any penal provision of this article, the city
attorney is authorized to file suit on behalf of the city to prevent
unlawful storage, transportation, sale, or use of fireworks within
the jurisdiction of the city, and to aid the fire marshal in the discharge
of his duties, or prevent a person from interfering with the seizure
and destruction of illegal fireworks in accordance with this article.
(Ordinance O-4-23 adopted 4/18/2023)
This article shall not apply to public displays of fireworks
when conducted in accordance with state law in areas within the jurisdiction
of the city. A firewatch standby permit must be obtained for a public
display of fireworks.
(Ordinance O-4-23 adopted 4/18/2023)
