(A) Possession of fireworks consists of either selling, offering to sell, owning, possessing, manufacturing, transporting, or discharging any firecracker, roman candle, skyrocket, torpedo, bomb, or any type or form of explosive commonly known as "fireworks," unless such item has been declared by the Fire Chief as a safe and sane device and as not dangerous to persons or property.
(B) Nothing herein contained shall be held to prevent such activities as may be authorized by compliance with the Fire Code set forth in Chapter 14, Article 2 of this code of ordinances.
(C) The term
FIREWORKS shall not include toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for use, and toy pistol paper caps which contain less than twenty-hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times.
(D) Safe and sane devices as approved by the Fire Chief shall be those devices listed as approved for sale by the Fire Chief. Any device which propels any portion, part, or projectile more than ten feet in the air or has a report louder than the paper caps described above are not considered safe and sane.
(E) Nothing herein contained shall be held to apply to or prohibit any employee of the State Game and Fish Department or the United State Fish and Wildlife Service from possessing fireworks for control of game birds and animals or to prohibit the city or any civic organization therein from sponsoring and conducting, in connection with any public celebration, an officially supervised and controlled fireworks display.
('74 Code, § 12-1-2-12) (Ord. 96-1973; Am. Ord. 78-1978) Penalty, see § 12-1-99