(a) No person shall possess, possess for sale at retail, sell at retail or discharge, ignite, explode or otherwise use any novelty device or sparkler, as defined herein, within the corporate limits of the City, except as provided in Section 549.12.
(b) "Novelty device" means any of the following items:
(1) Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers and snappers;
(2) Snakes or glow worms;
(3) Smoke devices;
(4) Trick matches.
"Party popper", "booby traps", "cigarette load", "smoke devices", "snake" or "glow worm", "snapper" and "trick match" have the same meaning as set forth in Ohio R.C. 3743.01, but do not apply to or include toy pistols, canes, guns or other devices in which paper or plastic caps containing twenty-five hundredths grains or less of explosive compound are used, provided that they are so constructed that the hand of the user cannot come in contact with the cap when in place for the explosion, or to toy pistol paper or plastic caps which contain twenty hundredths grains or less of explosive compound.
(c) As used herein, "sparkler" refers to any wire, wooden, paper or other stick coated or impregnated with any incendiary, explosive or any other pyrotechnic substance or compound which is designed to produce a visual display when ignited, including specifically, but not limited to, sparklers on a wire stick as "sparkler" is defined in the regulations of the U.S. Department of Transportation.
(d) Whoever violates this section is guilty of a minor misdemeanor if the offender has not previously been convicted of a violation of this or any prior section, or of any provision of Ohio R.C. Chapter 3743. If the offender has previously been convicted of the violation of this or the previously codified Section 549.10, or of any provision of Ohio R.C. Chapter 3743, then a violation of this section shall be a misdemeanor of the fourth degree.
(Ord. 23-90. Passed 4-2-90.)