Fireworks
means any device that can be used to produce or intended for use in obtaining visible or audible pyrotechnic display or a combination of those by the combustion of explosive or flammable composition and incudes any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells or any other substance in whatever combination by any designated name and includes all articles or substances within the commonly accepted meaning of fireworks, whether specifically designated and defined in this article or not.
(Ordinance 25-982 adopted 1/23/2025)
(a) 
It shall be unlawful for any person to manufacture, assemble, store, receive, keep, offer to another, sell, or to otherwise have in his or her possession with intent to store, keep, sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description, except under special permit as authorized herein or in the fire prevention code.
(b) 
It shall be unlawful for any parent or guardian of any minor child below the age of eighteen (18) years to permit or allow such a minor child to store, keep, use, discharge, ignite, detonate, fire or otherwise set in action any fireworks.
(c) 
It shall be unlawful for any person to knowingly or intentionally encourage or in any way assist a person under eighteen (18) years of age in to store, keep, use, discharge, ignite, detonate, fire or otherwise set in action, keep, possess or otherwise store any fireworks.
(Ordinance 25-982 adopted 1/23/2025)
The presence of any fireworks within the city limits in violation of this section is declared to be a common and public nuisance.
(1) 
The fire marshal is directed and required to seize and cause to be safely destroyed any fireworks found within the city limits in violation of this section, and the fire marshal or any peace officer of the city or any other duly constituted peace officer is empowered to close any building where any fireworks are found stored illegally until the fire marshal can be notified in order that said fireworks may be seized and destroyed in accordance with the terms of this article.
(2) 
Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city or the fire marshal or both for injunctive relief as may be necessary to prevent unlawful storage, keeping or use of fireworks within the city limits and to aid the fire marshal in the discharge of his or her 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.
(3) 
The fire marshal is authorized to enter any commercial, retail or manufacturing building or establishment where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks.
(Ordinance 25-982 adopted 1/23/2025)
This section shall not apply to:
(1) 
Signal flares and torpedoes of the type and kind commonly used by any railroad, including auto flares, and which signal flares and torpedoes are received by and stored or transported by any railroad or trucking company for use in railroad or trucking operations;
(2) 
Paper caps containing not in excess of an average 0.25 of a grain of explosive content per cap manufactured in accordance with the interstate commerce regulations for packing and shipping as provided therein, including toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times;
(3) 
Fireworks being transported through the city;
(4) 
Fireworks being transported through the city or stored within the city in compliance with a valid permit issued by the city for a fireworks display, provided such transportation and storage shall only be valid for those permitted to transport and store the fireworks and so long as a valid permit has not expired or been revoked.
(Ordinance 25-982 adopted 1/23/2025)
(a) 
Any person, company or other entity desiring to ignite fireworks in a controlled display must file an application with the building and permits department at least thirty (30) days prior to the proposed display along with an application fee as set forth in the fee schedule found in appendix A of this code. The applicant must identify:
(1) 
The exact location upon which the display is intended to be held;
(2) 
The date and time the display is proposed to be ignited;
(3) 
The estimated duration of the display;
(4) 
The types of fireworks to be ignited;
(5) 
The proposed trajectory and landing site of all fireworks that will be airborne;
(6) 
Identify the persons to transport the fireworks and the location, including duration, for which the fireworks are to be stored; and
(7) 
Provide a safety plan for fire prevention and for the safety of persons and property at or near the display.
(b) 
The fire marshal shall review the application and make the determination as to whether the application shall be approved or denied.
(c) 
Upon the recommendation of the fire marshal, the city manager may issue a permit for controlled displays of fireworks. The fireworks display permitted may only be ignited as provided in the application and any restrictions added in the permit. At the time of the display, the fire marshal may require that the fire department be on standby at the site. As a requirement of the permit, the permittee may be charged a reasonable cost for the fire department being on standby status for the display.
(d) 
The city, its agents, assigns and contractors, may sponsor city fireworks displays with the express authorization of a majority vote of the city council. The fire marshal shall be notified of all city fireworks displays and shall review the proposed ignition site, the proposed trajectory and landing site for all fireworks displays and make recommendations or proposals for any changes. The city sponsored fireworks displays shall be exempt from the permit requirements. The fire marshal shall be notified of the location for storage of fireworks.
(e) 
All fireworks displays shall be operated and supervised by a person qualified in pyrotechnic displays. All applications for permits must include the name and qualifications of the person to operate and supervise the fireworks display. Permits that are issued shall name the person to operate and supervise the fireworks display.
(f) 
The city reserves the right to deny any application. The city reserves the right, with or without notice, to revoke any fireworks permit. All permits shall expire, and no longer be valid immediately after the fireworks display permitted was to occur. Granting of a permit does not authorize fireworks displays if a burn ban is in effect on the date of the display is to occur.
(g) 
Only those persons issued a valid permit shall be permitted to store or ignite fireworks in compliance with a valid permit.
(h) 
The applicant for a permit shall remain fully responsible for any and all damage or injuries resulting from any use, storage, transportation, ignition or other similar activity. The applicant is responsible for ensuring adequate insurance and premises insurance for the protection against personal or property damage.
(Ordinance 25-982 adopted 1/23/2025)
(a) 
Any person who violates any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not to exceed $2,000.00.
(b) 
Any person who manufactures, assembles or stores, receives, keeps, sells, offers for sale or has in his or her possession, or allows a minor to have in his or her possession, any fireworks within the city limits without a valid permit or other applicable exception, shall be fined an amount of not less than $500.00 and not more than $2,000.00 for each offense. If the fireworks are separately wrapped or packaged, doing any act prohibited by, or omitting to do any act required by this section shall be a separate offense as to each such separately wrapped or separately packaged fireworks. Each day that a violation of this section continues with respect to any package of fireworks constitutes a separate offense. Failure to seize the fireworks shall not constitute consent to retain the fireworks in the city limits.
(c) 
Any person who uses, discharges, causes to be discharged, ignites, detonates, fires or otherwise sets in action any fireworks, without a permit as provided herein, in violation of the provisions of this article is guilty of a separate offense for each act prohibited by this section. Upon conviction for the first offense the offender shall be fined an amount not to exceed $500.00. For each subsequent conviction, within two years, the offender shall be fined an amount not less than $500.00 and not more than $2,000.00 for each offense.
(Ordinance 25-982 adopted 1/23/2025)