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:
Fireworks.
Any composition or device designed to produce a visible or audible effect, or both, by combustion, explosion, deflagration, or detonation, such as firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, gerbs, or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and such term shall include all articles or substances within the commonly accepted meaning of fireworks, whether specifically designated and defined in this subsection or not.
Manufacture.
The making of fireworks.
Manufacturer.
Persons that are engaged in the making of fireworks.
Person.
The term means and includes any natural person, association of persons, partnerships, corporations, agent, or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators.
Retailer.
Those who purchase fireworks for resale to consumers only.
(1996 Code, sec. 38-31; Ordinance 2025-026 adopted 12/10/2025)
It shall be unlawful for any person to manufacture, sell, offer to sell or have in his possession with intent to sell, keep, use, or display any fireworks of any description within the city limits.
(1996 Code, sec. 38-32; Ordinance 2025-026 adopted 12/10/2025)
A person commits an offense upon knowingly or intentionally manufacturing, selling, offering to sell, possessing for sale, igniting, detonating, or possessing with intent to ignite or detonate any fireworks within the city.
(1996 Code, sec. 38-33)
The presence or use of fireworks within the jurisdiction of the city in violation of this article is hereby declared to be a public nuisance and a violation of the city code. Each such violation constitutes a separate offense and is subject to enforcement by citation in the city's municipal court, in addition to any other remedies provided by law. City police officers or authorized personnel, and any other duly authorized peace officers, are authorized to issue citations for violations of this article and to seize and cause to be safely destroyed any fireworks found within the city in violation of this article.
(1996 Code, sec. 38-35; Ordinance 2025-026 adopted 12/10/2025)
In any prosecution for any violation of this article, it shall not be necessary for the prosecution to negate any provision or exception, but the same may be raised by the defendant by way of defense.
(1996 Code, sec. 38-37)
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Editor's note–Former section 8.02.006 pertaining to the exceptions and deriving from the 1996 Code, sec. 38-36, was repealed by Ordinance 2025-026 adopted 12/10/2025. The remaining sections of the article were renumbered.