Cross References — Buildings and building regulations, ch. 500; emergency management, ch. 240; electricity, §§505.040 et seq.; authority of fire department officials with regard to direction of traffic, §310.010; obedience to lawful orders of fire department officials, §310.020; following fire apparatus, §340.010; driving vehicle over fire hoses, §340.020; negligent burning of property of another, §210.300.
[Code 1980 §10-16; CC 1990 §10-26]
For the purpose of this Article, the term "fireworks" means and includes any combustible or explosive composition or any
substance or combination of substances or articles prepared for the
purpose of producing a visible or audible effect by combustion, explosion,
deflagration or detonation and includes blank cartridges, toy pistols,
toy cannons, toy canes or toy guns in which explosives are used, the
type of balloons which require fire underneath to propel same, firecrackers,
torpedoes, sky rockets, Roman candles, Dago bombs, sparklers or other
fireworks of like construction and any fireworks containing any explosives
or flammable compound or any tablets or other device containing any
explosive substance. The term "fireworks" shall not
include toy pistols, toy canes, toy guns or other devices in which
paper caps are used containing not in excess of an average of twenty-five
one-hundredths of a grain of explosive compound per cap, the sale,
possession and use of which shall be permitted at all times. The term "fireworks" shall, in addition, not include model rockets
made of lightweight materials such as paper, wood, plastic or rubber
and preloaded factory-made model rocket engines designed, sold and
used for the purpose of propelling recoverable aero models launched
by means of a remotely controlled and electrically operated system
which contains a switch which will return to "off" when released,
provided that at the time of use thereof an adult is in attendance
and supervising such use.
[Code 1980 §10-17; CC 1990 §10-27]
A.
It shall be unlawful for any person to sell, possess, offer for sale, expose for sale, give, use, discharge or explode fireworks within the City, except as provided by Subsection (B) and this Article.
B.
Nothing
in this Section shall prohibit the sale, possession and use of blank
cartridges for theatrical purposes or signal purposes in an athletic
contest or sporting event; or items for the use of Police or military
organizations; or flares used by railroads or other public or private
transportation agencies for signaling purposes. Nothing herein shall
prohibit any resident wholesaler, dealer or jobber from possessing
I.C.C. Class C fireworks for the purpose of selling at wholesale,
provided such fireworks are delivered or shipped directly outside
the City; nor shall anything herein prohibit the sale, possession
or use of fireworks for pyrotechnic displays given by any organization,
amusement park, officials in charge of a public park or group of individuals,
provided that they have first obtained a permit for same in accordance
with the regulations provided by this Article.
[Code 1980 §10-18; CC 1990 §10-28]
A.
Any non-profit
organizations so organized by the laws of the State may apply for
a permit for a pyrotechnic display, provided that such display be
open to the public either on a fee or free basis and scheduled for
a specific time.
B.
Permits
contemplated by this Section shall be issued by the Mayor or the City
Council only after the application for the permit shall have been
investigated by the Police Department of the City and returned to
the Mayor or Chief of Police who shall note thereon that the public
safety will not be endangered by the display.
[Code 1980 §10-19; CC 1990 §10-29]
The President of the non-profit organization applying for the permit authorized by Section 215.030 shall personally sign the permit application. A properly signed application shall be deemed consent for any duly authorized agent of the City to enter into, have full access to and search all places where fireworks or pyrotechnic displays are stored. Such entry and search shall be only for the purpose of determining whether there exists now or has existed a violation of these regulations. Any organization willfully or intentionally interfering with any duly authorized agent of the City in the performance of any duty hereunder shall upon conviction be fined as provided by this Article.
[Code 1980 §10-20; CC 1990 §10-30]
Any person violating any of the provisions of this Article shall upon conviction thereof be punished as provided in Section 100.080 of this Code for each offense. In addition, the City shall have the right and authority to seize, confiscate, take and hold for destruction or disposal, pursuant to a court order, any fireworks belonging to any person violating any of the provisions of this Article.
[Code 1980 §10-21; CC 1990 §10-31]
No parent, guardian or other adult person having care and custody
of a minor under the age of seventeen (17) years shall permit such
minor to possess, offer for sale, expose for sale, give, use, discharge
or explode any fireworks within the City limits. Any parent, guardian
or person having custody and care of a minor who permits such minor
to violate the provisions of this Section shall on conviction be subject
to the same penalties as provided in this Article.
