For purposes of this chapter, the term fireworks shall mean
and include any combustible or explosive compositions or any substance
or articles prepared for the purpose or producing a visible or audible
effect by combustion, explosion, deflagration or detonation.
It shall be unlawful for any person, firm or corporation to
store, sell or offer for sale fireworks of any type within the City
limits, provided, however, notwithstanding any ordinance or fire code
provision of the contrary, the sale of fireworks shall be permitted
by approval of a majority of the Board of Aldermen to any person,
firm or corporation who first files a proper application therefore.
Upon approval by the Board of Aldermen, the City Clerk shall issue
a permit therefore and the applicant shall pay the proper fee. In
approving such sale of fireworks, the Board of Aldermen shall take
in to consideration, and, may limit, the number of locations in the
City for safety reasons; any traffic problems that may be created;
access to the place of sale; safeguards for storage and fire control
provided by the applicant; and the close proximity of structures that
may be in jeopardy from exploding fireworks. Such sales within the
City limits shall commence 15 days prior to the 5th day of July ending
at 9:00 p.m. on the 5th of July of each year. Fireworks shall not
be sold or kept for sale in a place of business where paint, oil,
varnishes, turpentine or gasoline or other flammable substances are
kept in unbroken containers, unless kept in a separate and distinct
section or department of the said place of business. Two, 2 1/2
pound fire extinguishers shall be provided and kept in close proximity
to the stock of fireworks in all buildings and small stands temporarily
erected to be used as a place for storing and selling fireworks only.
A.
Any such person, firm or corporation making application for a permit
shall file a written request with the City Clerk not less than 30
days prior to the fourth day of July, accompanied by a fee of $3,500
per sale location. If the application is not approved by the Board
of Aldermen, the $3,500 fee shall be returned to the applicant. If
such application is approved, then the total fee shall be $3,500.
1.
All permits issued and approved are personal to the applicant and
are nontransferable. The sale of fireworks or operation place of sale
by one other than the permittee shall void the permit and cause forfeiture
of the permit fee.
B.
The granting
or denial of applications for permits shall be at the sole discretion
of the Board of Aldermen, and all applications shall contain the name
of the applicant, in addition to a detailed description of the location
of the sale site, or sites, type of structure from which sales are
to be made, provisions for fire protection and provided further that
the location of each sale site shall be only on property which is
zoned for commercial or industrial use and shall be at least 100 feet
from any temporary or permanent building.
Provided further, notwithstanding any ordinance or fire code
provision to the contrary, it shall be unlawful for any person to
possess, throw, use, explode, detonate or shoot, within the City limits,
bottle rockets, rockets of all sizes and types and any and all fireworks
with an aerial trajectory having a cylinder or cartridge holding a
propellant charge, which cylinder or cartridge is not intended to
be completely consumed before landing.
It shall be unlawful for any person to throw or place any fireworks,
including pyrotechnic devices, in such a manner that the explosion
of same will be likely to endanger or cause injury or damage to any
person or property; provided further that it shall be unlawful for
any person to shoot or detonate fireworks of any nature within the
City limits except on the 3rd, 4th, and 5th days of July each year.
