Sec. 29-138. – Definitions.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 means any 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 shall include all sections or substances within the commonly accepted meaning of fireworks, whether herein specially designated and defined or not.
Person means any natural person, association of persons, partnerships, corporations, agents or officers of corporations, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators.
(Code 2004, § 7.101.1)Sec. 29-139. – Penalties.(a) Manufacture, transport, and sales. Any person who shall manufacture, assemble, store, transport, receive, keep, sell, offer for sale or have in his possession with intent to sell any fireworks shall be fined not less than $25.00 or more than $2,000.00 for each offense. If the fireworks are separately wrapped or packaged, the doing or omitting to do any act prohibited by this article shall be a separate offense as to each such separately wrapped or separately packaged fireworks. Each day that a violation of this article shall continue with respect to any package of fireworks shall constitute a separate offense.
(b) Use, discharge, and ignition. Any person who shall use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks shall be fined not less than $25.00 or more than $2,000.00. Any parent or guardian of any minor child below the age of 14 years who permits or allows such minor child to use, discharge, ignite, detonate, fire or otherwise set in action any fireworks shall be fined not less than $25.00 or more than $2,000.00.
(Code 2004, § 7.101.2)Sec. 29-140. – Territorial applicability.This article shall be applicable and in force throughout the territory of the city within its corporate limits and within 5,000 feet outside its corporate limits.
(Code 2004, § 7.101.3)Sec. 29-141. – Exceptions.This article shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroad and which signal flares and torpedoes are received by and stored or transported by any such railroad for use in railroad operation, nor shall this article apply to signal flares or rockets for military or police use. Any public fireworks display authorized or permitted by the city’s fire code shall be permitted under this article.
(Code 2004, § 7.101.4)Sec. 29-142. – Unlawful to assemble, transport, sell or possess.It shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, sell, offer, or have in his possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description.
(Code 2004, § 7.101.5; Ord. No. 83-10, 9-13-1983)