CHAPTER 7.04: FIREWORKS
Section
7.04.010 Fireworks defined
7.04.020 Restricted sites and time limitation for retail sale and use of fireworks
7.04.030 Permit for display of fireworks
7.04.040 Bond of licensee
7.04.050 Confiscation
7.04.060 Liability
7.04.070 Violations; penalty
§ 7.04.010 FIREWORKS DEFINED.
(A) It shall be unlawful to sell, transport or use any fireworks within the city, except as provided by this chapter.
(B) The term FIREWORKS shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation.
(C) It shall be lawful for any individual, firm, partnership, corporation or association to possess for sale within the city, sell or offer for sale, at retail, or use, within the city, lawfully permissible fireworks.
(D) It shall be unlawful for any individual under the age of 18 to possess for sale, sell or offer for sale, within the city, permissible fireworks herein enumerated.
(E) It shall be unlawful for any individual, firm, partnership in, or corporation to discharge or cause to be discharged any pyrotechnics of any description whatever within the exterior boundaries of any city park or city recreation area, or within 200 feet of any temporary trailer, building or structure licensed to sell fireworks at retail.
(Prior Code, § 7.04.010) (Ord. 150, passed 6-18-2012)
§ 7.04.020 RESTRICTED SITES AND TIME LIMITATION FOR RETAIL SALE AND USE OF FIREWORKS.
(A) Any temporary trailer, building or structure used for the sale or storage of fireworks must conform to general permissible safety standards and be approved by the Fire Chief or law enforcement agency.
(B) No structure may be placed upon an approved site prior to June 28 and such structure must be removed on or before July 6.
(C) No structure shall be allowed to be placed within ten feet of an adjoining property line.
(D) No fireworks shall be discharged or fired within 200 feet of a licensed structure and signs reading “It shall be unlawful to discharge or fire or cause to be fired any fireworks within 200 feet of this building” shall be displayed.
(E) The sale at retail or use of fireworks will only be permissible between June 30 and July 5, both dates inclusive.
(F) Permitted use of fireworks will also be permissible on December 31 and January 1, both dates inclusive.
(G) No fireworks will be permitted to be fired after 10:00 p.m. on permitted days.
(H) Exceptions.
(1) July 4 through July 5: no fireworks will be permitted to be fired after 1:00 a.m. on July 5.
(2) December 31 through January 1: no fireworks will be permitted to be fired after 1:00 a.m. on January 1.
(Prior Code, § 7.04.020) (Ord. 150, passed 6-18-2012; Ord. 2021-11, passed 12-20-2021)
§ 7.04.030 PERMIT FOR DISPLAY OF FIREWORKS.
(A) Except as hereinafter provided, it shall be unlawful for any person, firm, association or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks with in the corporate limits of the city; provided that the Public Works Committee shall have the power to grant permits for supervised public display of fireworks to be held within the corporate limits of the city by fair associations, amusement parks or other organizations or groups of individuals.
(B) Every such display shall be handled by a competent operator to be approved by the Public Works Committee and shall be of such a character, and so located, discharged or fired as in the opinion of the Public Works Committee, after proper inspection, shall not be hazardous to property or endanger any person or persons.
(C) Applications for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(Prior Code, § 7.04.030) (Ord. 150, passed 6-18-2012)
§ 7.04.040 BOND OF LICENSEE.
The city shall require a bond deemed adequate from the licensee in a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person or persons or to property by reason of the licensed display, and arising from any acts of the licensee, his or her agents, employees or subcontractors.
(Prior Code, § 7.04.040) (Ord. 150, passed 6-18-2012)
§ 7.04.050 CONFISCATION.
Any law enforcement agency shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this chapter.
(Prior Code, § 7.04.050) (Ord. 150, passed 6-18-2012)
§ 7.04.060 LIABILITY.
A person utilizing any fireworks which necessitates control and/or extinguishment by the Fire Department shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
(Prior Code, § 7.04.060) (Ord. 150, passed 6-18-2012)
§ 7.04.070 VIOLATIONS; PENALTY.
(A) Violations of any of the above provisions will be subject to a fine as set forth by resolution.
(B) Any person or entity who violates any of the provisions of this chapter or fails to comply with a duly authorized order issued pursuant to this chapter shall be deemed to be responsible for a civil infraction which shall be punishable by fine.
(C) The violator shall pay costs which may include all expenses, direct and indirect, which the city has incurred in connection with the infraction. In addition, the city shall have the right to proceed in any court of competent jurisdiction
(Prior Code, § 7.04.070) (Ord. 150, passed 6-18-2012)