1519.02 PUBLIC EXHIBITION PERMIT REQUIRED; FEE; BOND; RECORDS.

   (a)    A licensed exhibitor of fireworks who wishes to conduct a public fireworks exhibition within the Municipality shall apply for approval to conduct the exhibition to the Fire Chief and Police Chief or their respective designee.

   The required approval shall be evidenced by the Fire Chief and Police Chief or their respective designee, signing a permit for the exhibition, the form for which shall be prescribed by the State Fire Marshal. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the Fire Marshal or, if it is available, from the Fire Chief, or Police Chief or his/her respective designee.

   (b)    Before a permit is signed and issued to a licensed exhibitor of fireworks, the Fire Chief or designee in consultation with the Police Chief or designee, shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks. Each applicant shall show the applicant's license as an exhibitor of fireworks to the Fire Chief or designee.

   The Fire Chief and Police Chief or their respective designee, shall give approval to conduct a public fireworks exhibition only if satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E) and that the applicant is, in fact, a licensed exhibitor of fireworks. The Fire Chief or designee in consultation with the Police Chief or designee, may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke the permit for noncompliance with the rules.

   (c)    A permit shall not be issued until the applicant pays a permit fee of twenty-five dollars ($25.00) plus any necessary costs of investigation of the applicant and of inspecting the premises on which the exhibition will be conducted.

   Each exhibitor shall provide an indemnity bond in the amount of at least ten million dollars ($10,000,000), with surety satisfactory to the Fire Chief and Police Chief or their respective designee, conditioned on the payment of all final judgments that may be rendered against the exhibitor on account of injury, death or loss to persons or property emanating from the fireworks exhibition, or proof of insurance coverage of at least ten million dollars ($10,000,000) for liability arising from injury, death or loss to persons or property emanating from the fireworks exhibition. The Legislative Authority may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this subsection. A permit shall not be issued until the exhibitor provides the bond or proof of the insurance coverage required by this subsection.

   (d)    (1)    Each permit for a fireworks exhibition issued shall contain a distinct number, designate the Municipality, and identify the Fire Chief or designee who will be present before, during, and after the exhibition, where appropriate. A copy of each permit issued shall be forwarded by the Fire Chief or Police Chief or his/her respective designee to the Fire Marshal, who shall keep a record of the permits received. A permit is not transferable or assignable.

      (2)    The Fire Chief and Police Chief or their respective designee, shall keep a record of issued permits for fireworks exhibitions. This list shall contain the name of the exhibitor, the exhibitor's license number, the premises on which the exhibition will be conducted, the date and time of the exhibition and the number of the permit issued to the exhibitor for the exhibition.

   (e)    The governing authority having jurisdiction in the location where an exhibition is to take place shall require that the Fire Chief, or designec be present before, during, and after the exhibition, and shall require the Fire Chief, or designee to inspect the premises where the exhibition is to take place and determine whether the exhibition is in compliance with this chapter and Ohio R.C. Chapter 3743. (ORC 3743.54)

   (f)    The City reserves the right to charge any permit holder under this section the actual cost of city personnel associated with the inspection, security or monitoring of the fireworks exhibition.

(Ord. 2022-059. Passed 4-25-22.)