(a) Definitions. As used in this section, unless otherwise provided:
(1) “1.3G fireworks.” Display fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation “Division 1.3" in Title 49 of the Code of Federal Regulations.
(2) “l.4G fireworks.” Consumer fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation “Division 1.4" in Title 49 of the Code of Federal Regulations.
(3) “APA Standard 87-1.” The Standard for Construction and Approval for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics published by the American Pyrotechnics Association.
(4) “Beer” and “intoxicating liquor” have the same meaning as in Section 612.01 of the Codified Ordinances.
(5) “Booby trap.” A small tube that has a string protruding from both ends that has a friction-sensitive composition and that is ignited by pulling the ends of the string.
(6) “Cigarette load.” A small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.
(7) “Controlled substance” has the same meaning as in Section 624.01(i) of the Codified Ordinances.
(8) “Designated Fire Prevention Officer” shall mean and refer to the Fire Chief of the City or the Fire Chiefs designee for purposes of Section 672.10 of the Codified Ordinances.
(9) “Designated Law Enforcement Officer” shall mean and refer to the Police Chief of the City or the Police Chiefs designee for purposes of Section 672.10 of the Codified Ordinances.
(10) “Discharge site.” An area immediately surrounding the mortars used to fire aerial shells.
(11) “Explosive.” Any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. “Explosive” includes all materials that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4 explosives by the United States Department of Transportation in its regulations, and includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. “Explosives” does not include “fireworks,” as defined in Ohio R.C. 3743.01 or Section 672.10 of the Codified Ordinances, or any substance or material otherwise meeting the definition of explosive set forth therein that is manufactured, sold, possessed, transported, stored, or used in any activity described in Ohio R.C. 3743.80 or division (h) of Section 627.10 of the Codified Ordinances, provided the activity is conducted in accordance with all applicable laws, rules, and regulations, including, but not limited to, the provisions of Ohio R.C. 3743.80, division (h) of Section 627.10 of the Codified Ordinances, and the rules of the Fire Marshal adopted pursuant to Ohio R.C. 3737.82 and Chapter 1608 of the Codified Ordinances.
(12) “Fireworks.” Any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, except ordinary matches and except as provided in division (h) of Section 627.12 of the Codified Ordinances.
(13) “Fireworks incident.” Any action or omission that occurs at a fireworks exhibition that results in injury or death, or a substantial risk of injury or death, to any person, and that involves either of the following:
A. The handling or other use, or the results of the handling or other use, of fireworks or associated equipment or other materials;
B. The failure of any person to comply with any applicable requirement or rule imposed or adopted under Section 627.10 of the Codified Ordinances, or Ohio R.C. Chapter 3743, or other similar state law or municipal ordinance.
(14) “Fireworks incident site.” A discharge site or other location at a fireworks exhibition where a fireworks incident occurs, a location where an injury or death associated with a fireworks incident occurs, or a location where evidence of a fireworks incident or an injury or death associated with a fireworks incident is found.
(15) “Fireworks plant.” All buildings and other structures in which the manufacturing of fireworks, or the storage or sale of manufactured fireworks by a manufacturer, takes place.
(16) “Fountain device” means a specific type of 1.4G firework that meets all of the following criteria:
A. It is nonaerial and nonreport producing.
B. It is recognized and manufactured in accordance with sections 3.1.1 and 3.5 of APA standard 87-1 (2001 edition).
C. It is a ground-based or hand-held sparkler with one or more tubes containing a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition, with or without additional effects that may include a colored flame, audible crackling effect, audible whistle effect, or smoke.
D. It contains not more than seventy-five grams of the nonexplosive pyrotechnic mixture in any individual tube and not more than 500 grams or less for multiple tubes.
(17) “Highway.” Any public street, road, alley, way, lane or other public thoroughfare.
(18) “Licensed building.” A building on the licensed premises of a licensed manufacturer or wholesaler of fireworks that is approved for occupancy by the building official having jurisdiction.
(19) “Licensed exhibitor of fireworks” or “licensed exhibitor.” A person licensed pursuant to Ohio R.C. 3743.50 through 3743.55.
(20) “Licensed fountain device retailer” or “licensed retailer” means a person licensed pursuant to Ohio R.C. 3743.26.
(21) “Licensed manufacturer of fireworks” or “licensed manufacturer.” A person licensed pursuant to Ohio R.C. 3743.02 through 3743.08.
(22) “Licensed premises.” The real estate upon which a licensed manufacturer or wholesaler of fireworks conducts business.
(23) “Licensed wholesaler of fireworks” or “licensed wholesaler.” A person licensed pursuant to Ohio R.C. 3743.15 through 3743.21.
(24) “Manufacturing of fireworks.” The making of fireworks from raw materials, none of which in and of themselves constitute fireworks, or the processing of fireworks.
(25) “Novelties” and “trick noisemakers.”
A. Devices that produce a small report intended to surprise the user, including but not limited to booby traps, cigarette loads, party poppers, and snappers;
B. Snakes or glow worms;
C. Smoke devices;
D. Trick matches.
(26) “Party popper.” A small plastic or paper item that contains not more than 16 milligrams of friction-sensitive explosive composition that is ignited by pulling a string protruding from the item, and from which paper streamers are expelled when the item is ignited.
(27) “Processing of fireworks.” The making of fireworks from materials all or part of which in and of themselves constitute fireworks, but does not include the mere packaging or repackaging of fireworks.
(28) “Railroad.” Any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs, and sidings installed and primarily used in serving a mine, quarry or plant.
(29) “Retail sale” or “sell at retail.” A sale of fireworks to a purchaser who intends to use the fireworks and not to resell them.
(30) “Smoke device.” A tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(31) “Snake” or “glow worm.” A device that consists of a pressed pellet of pyrotechnic composition that produces a large snake-like ash upon burning, which ash expands in length as the pellet burns.
(32) “Snapper.” A small paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand and that, when dropped, implodes.
(33) “Storage location.” A single parcel or contiguous parcels of real estate approved by the Fire Marshal pursuant to Ohio R.C. 3743.04(1) or Ohio R.C. 3743.17(G) that are separate from a licensed premises containing a retail showroom, and which parcel or parcels a licensed manufacturer or wholesaler of fireworks may use only for the distribution, possession, and storage of fireworks in accordance with Ohio R.C. Chapter 3743 and this Section 672.10 of the Codified Ordinances.
(34) “Trick match.” A kitchen or book match that is coated with a small quantity of explosive composition and that, upon ignition, produces a small report or a shower of sparks.
(35) “Wholesale sale” or “sell at wholesale.” A sale of fireworks to a purchaser who intends to resell the fireworks so purchased.
(36) “Wire sparkler.” A sparkler consisting of a wire or stick coated with a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition and that contains no more than 100 grams of this mixture.
(b) Manufacturing.
(1) No licensed manufacturer of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.05 or the requirements of Ohio R.C. 3743.06.
(2) No licensed manufacturer of fireworks shall fail to maintain complete inventory, wholesale sale and retail records as required by Ohio R.C. 3743.07, or to permit an inspection of these records or the premises of a fireworks plant or the wholesaler pursuant to Ohio R.C. 3743.08.
(3) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.08(B)(1) within the specified period of time.
(4) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.08(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied or the seventy-two hour period specified in those divisions has expired, whichever occurs first.
(5) No person shall smoke or shall carry a pipe, cigarette, or cigar, or a match, lighter, other flame-producing item, or open flame on, or shall carry a concealed source of ignition into, the premises of a fireworks plant, except as smoking is authorized in specified lunchrooms or restrooms by a manufacturer pursuant to Ohio R.C. 3743.06(C).
(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises of a fireworks plant.
(c) Wholesaling.
(1) No licensed wholesaler of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.18 or the requirements of Ohio R.C. 3743.19 or Ord. 672.10.
(2) No licensed wholesaler of fireworks shall fail to maintain complete inventory, wholesale sale and retail records as required by Ohio R.C. 3743.20, or to permit an inspection of these records or the premises of a fireworks plant or the wholesaler pursuant to Ohio R.C. 3743.21.
(3) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.21(B)(1) within the specified period of time.
(4) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to Ohio R.C. 3743.21(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied or the seventy-two hour period specified in those divisions has expired, whichever occurs first.
(5) No person shall smoke or shall carry a pipe, cigarette, or cigar, or a match, lighter, other flame-producing item, or open flame on, or shall carry a concealed source of ignition into, the premises of a wholesaler of fireworks, except as smoking is authorized in specified lunchrooms or restrooms by a wholesaler pursuant to Ohio R.C. 3743.19(D).
(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises of a wholesaler of fireworks.
(d) Purchasing and Transporting. Notwithstanding any law to the contrary:
(1) No person who purchases fireworks in this State shall obtain possession of the fireworks in this City unless the person complies with Ohio R.C. Chapter 3743 and Section 672.10 of the Codified Ordinances.
(2) Except for specific authorization as permitted under state or local law, no person who resides in another state and who purchases fireworks in this State shall obtain possession of fireworks in this City other than from a licensed manufacturer or wholesaler, or fail, when transporting such fireworks, to transport them directly out of this City within 72 hours after the time of their purchase.
(3) No person shall obtain possession of fireworks in this City unless the person complies with Ohio R.C. Chapter 3743 or Section 672.10 of the Codified Ordinances.
(4) No person who purchases fireworks in this State or elsewhere shall give or sell to any other person in this City fireworks that the person has acquired except in compliance with Ohio R.C. Chapter 3743 and Section 672.10 of the Codified Ordinances.
(5) No one who is authorized under Ohio R.C. Chapter 3743 to possess 1.4G fireworks in this State may discharge, ignite, or explode those fireworks anywhere within the boundaries of the City unless such person first obtains a permit in accordance with division (e) of Section 672.10 of the Codified Ordinances.
(e) Prohibited Activities by Exhibitors.
(1) An exhibitor of fireworks licensed under Ohio R.C. Chapter 3743 who wishes to conduct a public fireworks exhibition within the City shall apply to the designated fire prevention officer and to the designated law enforcement officer for approval to conduct the exhibition.
(2) The approval required by division (e)(l) of this section shall be evidenced by a permit for the exhibition signed by both the designated fire prevention officer and by the designated law enforcement officer. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the State Fire Marshal or, if available, from the designated fire prevention officer or the designated law enforcement officer.
(3) Before a permit is signed and issued to a licensed exhibitor of fireworks, the designated fire prevention officer, in consultation with the designated law enforcement officer, 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 their license as an exhibitor of fireworks to the designated fire prevention officer.
(4) The designated fire prevention officer and the designated law enforcement officer 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 State Fire Marshal pursuant to Ohio R.C. 3743.53 and that the applicant is, in fact, a licensed exhibitor of fireworks. The designated fire prevention officer, in consultation with the designated law enforcement officer, may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke a permit for noncompliance with the rules.
(5) If the Council has prescribed a fee for the issuance of a permit for a public fireworks exhibition, the designated fire prevention officer and designated law enforcement officer shall not issue a permit until the exhibitor pays the requisite fee.
(6) Each exhibitor shall provide an indemnity bond in the amount of at least one million dollars ($1,000,000.00) with surety satisfactory to the designated fire prevention officer and to the designated law enforcement officer, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death, or loss to person or property emanating from the fireworks exhibitor, or proof of insurance coverage of at least one million dollars ($1,000,000.00) for liability arising from injury, death, or loss of persons or property emanating from the fireworks exhibition. The Council may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this division. The designated fire prevention officer and designated law enforcement officer shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this division or by the Council.
(7) Each permit for a fireworks exhibition issued in this City by the designated fire prevention officer and by the designated law enforcement officer shall contain a distinct number, designate the municipality, and identify the certified fire safety inspector or fire prevention officer who will be present before, during and after the exhibition, where appropriate. A copy of each permit issued shall be forwarded by the designated fire prevention officer and by the designated law enforcement officer issuing it to the State Fire Marshal. A permit is not transferable or assignable.
(8) The designated fire prevention officer and designated law enforcement officer, shall keep a record of issued permits for fireworks exhibitions within the City. In this list, the designated fire prevention officer or designated law enforcement officer shall list the name of the exhibitor, their license number, the premises on which the exhibition will be conducted, the date and time of the exhibition, and the number designation of the permit issued to the exhibitor for the exhibition.
(9) The Council shall require that a certified fire safety inspector or fire prevention officer be present before, during and after the exhibition, and shall require the certified fire safety inspector or fire prevention officer to inspect the premises where the exhibition is to take place and determine whether the exhibition is in compliance with this section and Ohio R.C. Chapter 3743.
(10) No licensed exhibitor of fireworks shall fail to comply with the applicable requirements of the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.53(B) and (E), with Ohio R.C. 3743.53(C) and (D), or the requirements of Section 672.10 of the Codified Ordinances.
(11) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to Ohio R.C. 3743.54 and the provisions of Section 672.10 of the Codified Ordinances, or if a permit so secured is revoked by the State Fire Marshall or the designated fire prevention officer, in consultation with the designated law enforcement officer.
(12) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with Ohio R.C. 3743.54 and 3743.55, and the provisions of Section 672.10 of the Codified Ordinances.
(13) No licensed exhibitor of fireworks or other person associated with the conduct of a fireworks exhibition shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises on which the exhibition is being conducted.
(14) No licensed exhibitor of fireworks shall permit an employee or any other person to assist the licensed exhibitor in conducting fireworks exhibitions unless the employee or such other person is registered with the State Fire Marshal under Ohio R.C. 3743.56.
(f) Possession, Sale, Discharge and Advertising; Falsification.
(1) No person shall possess fireworks in this City or shall possess for sale or sell fireworks in this City, except a licensed manufacturer of fireworks as authorized by Ohio R.C. 3743.02 through 3743.08, a licensed wholesaler of fireworks as authorized by Ohio R.C. 3743.15 through 3743.21, a shipping permit holder as authorized by Ohio R.C. 3743.40 and 3743.44, a licensed fountain device retailer as authorized by Ohio R.C. 3743.27, a person as authorized by Ohio R.C. 3743.44 and 3743.45, and in accordance with the provisions of Section 672.10 of the Codified Ordinances, or a licensed exhibitor of fireworks as authorized by Ohio R.C. 3743.50 through 3743.55, and except as provided in Ohio R.C. 3743.80 and the provisions of Section 672.10 of the Codified Ordinances.
(2) Except as otherwise permitted, no person shall discharge, ignite, or explode any fireworks in this City.
(3) No person shall use in a theater or public hall what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulphur.
(4) No person shall sell fireworks of any kind to a person under eighteen years of age. No person under eighteen years of age shall enter a fireworks sales showroom unless that person is accompanied by a parent, legal guardian, or other responsible adult. No person under eighteen years of age shall touch or possess fireworks on a licensed premises without the consent of the licensee. A licensee may eject any person from a licensed premises that is in any way disruptive to the safe operation of the premises.
(5) Except as otherwise provided in R.C. 3743.44, no person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder shall possess 1.3G fireworks in this City.
(6) Except as otherwise provided in division (J) of Ohio R.C. 3743.06 and division (K) of Ohio R.C. 3743.19, no person shall knowingly disable a fire suppression system as defined in Ohio R.C. 3781.108 on the premises of a fireworks plant of a licensed manufacturer of fireworks or on the premises of the business operations of a licensed wholesaler of fireworks.
(7) No person shall discharge, ignite, or explode fireworks while in possession or control of, or under the influence of, any intoxicating liquor, beer, or controlled substance.
(8) No person shall discharge, ignite, or explode fireworks on the property of another person without that person's permission to use fireworks on that property.
(g) Transporting and Shipping.
(1) No person shall transport fireworks in this City except in accordance with the rules adopted by the State Fire Marshal pursuant to Ohio R.C. 3743.58 and the provisions of Section 672.10 of the Codified Ordinances.
(2) As used in this division, “fireworks” includes only 1.3G and 1.4G fireworks. No person shall ship fireworks into this City by mail, parcel post, or common carrier unless the person possesses a valid shipping permit issued under Ohio R.C. 3743.40, and the fireworks are shipped directly to the holder of a license issued under Ohio R.C. 3743.03, 3743.16 or 3743.51 and the provisions of Section 672.10 of the Codified Ordinances.
(3) No person shall ship fireworks within this City by mail, parcel post, or common carrier unless the fireworks are shipped directly to the holder of a license issued under Ohio R.C. 3743.01, 3743.16 or 3743.51 and the provisions of Section 672.10 of the Codified Ordinances.
(h) Exceptions. This section does not prohibit or apply to the following:
(1) The manufacture, sale, possession, transportation, storage, or use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation, or highway use;
(2) The manufacture, sale, possession, transportation, storage or use of fusees, torpedoes, or other signals necessary for the safe operation of railroads;
(3) The manufacture, sale, possession, transportation, storage or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals for ceremonial purposes;
(4) The manufacture for, the transportation, storage, possession or use by, or the sale to the armed forces of the United States and the militia of this State, as recognized by the adjutant general of Ohio, of pyrotechnic devices;
(5) The manufacture, sale, possession, transportation, storage or use of toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing 0.25 grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage or use of those caps;
(6) The manufacture, sale, possession, transportation, storage or use of novelties and trick noisemakers, auto burglar alarms, or model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models;
(7) The manufacture, sale, possession, transportation, storage or use of wire sparklers.
(8) The conduct of radio-controlled special effect exhibitions that use an explosive black powder charge of not more than one-quarter pound per charge, and that are not connected in any manner to propellant charges; provided, that the exhibition complies with all of the following:
A. No explosive aerial display is conducted in the exhibition;
B. The exhibition is separated from spectators by not less than 200 feet;
C. The person conducting the exhibition complies with regulations of the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury and the United States Department of Transportation with respect to the storage and transport of the explosive black powder used in the exhibition.
(i) Forfeiture and Disposal. Fireworks manufactured, sold, possessed, transported, or used in violation of this section are subject to seizure and forfeiture in accordance with Ohio R.C. 3743.68.
(1) The Fire Marshal, an Assistant Fire Marshal, or certified fire safety inspector may arrest, or may cause the arrest of, any person whom the Fire Marshal, Assistant Fire Marshal, or certified fire safety inspector finds in the act of violating, or who the Fire Marshal, Assistant Fire Marshal, or certified fire safety inspector has reasonable cause to believe has violated, Ohio R.C. Chapter 3743 or the provisions of Section 672.10 of the Codified Ordinances. Any arrest shall be made in accordance with statutory and constitutional provisions governing arrests by law enforcement officers.
(2) If the Fire Marshal, an Assistant Fire Marshal, or certified fire safety inspector has probable cause to believe that fireworks are being manufactured, sold, possessed, transported, or used in violation of Ohio R.C. Chapter 3743 or Section 672.10 of the Codified Ordinances, the Fire Marshal, Assistant Fire Marshal, or certified fire safety inspector may seize the fireworks. Any seizure of fireworks shall be made in accordance with statutory and constitutional provisions governing searches and seizures by law enforcement officers. The Fire Marshal’s or certified fire safety inspector's office shall impound at the site or safely keep seized fireworks pending the time they are no longer needed as evidence. A sample of the seized fireworks is sufficient for evidentiary purposes. The remainder of the seized fireworks may be disposed of pursuant to an order from a court of competent jurisdiction after notice and a hearing.
(3) The Fire Marshal's or certified fire safety inspector's office shall dispose of seized fireworks pursuant to the procedures specified in Ohio R.C. 2981.11 to 2981.13 for the disposal of forfeited property by law enforcement agencies, and the Fire Marshal, or the certified fire safety inspector's office is not liable for claims for the loss of or damages to the seized fireworks.
(4) This division (i) does not affect the authority of the Police Chief, other similar law enforcement officer, or a peace officer, as defined in Ohio R.C. 2935.01, to make arrests for violations of Ohio R.C. Chapter 3743 or Section 672.10 of the Codified Ordinances or to seize fireworks manufactured, sold, possessed, transported, or used in violation of Ohio R.C. Chapter 3743 or Section 672.10 of the Codified Ordinances.
(j) Penalty.
(1) Except as otherwise provided in division (j) (2), (j) (3), or of this section, whoever violates any provisions of this section is guilty of a misdemeanor of the fourth degree, with repeat violations to increase the degree with each subsequent violation.
(2) If the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 3743.60(1) or Ohio R.C. 3743.61(1), or a violation of divisions (b)(5), (c) (5), (d)(5), (d)(13), or (f) (7) of Section 627.10 of the Codified Ordinances, or any substantially similar law or ordinance of another jurisdiction, is a felony to be prosecuted under appropriate state law and the Codified Ordinances.
(3) Whoever violates division (e)(10) of this section is guilty of a misdemeanor of the first degree. In addition to any other penalties that may be imposed on a licensed exhibitor of fireworks under this division and unless the third sentence of this division applies, the person's license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be suspended, and the person is ineligible to apply for either type of license, for a period of five years. If the violation of division (e) (10) of this section results in serious physical harm to persons or serious physical harm to property, the person's license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be revoked, and that person is ineligible to apply for a license as or to be licensed as an exhibitor of fireworks or as an assistant exhibitor of fireworks in this State.
(4) Except as provided for in division (j)(2), whoever violates division (d)(5) of this section is guilty of a misdemeanor of the first degree. Notwithstanding any other provision of law to the contrary, a person also may be convicted at the same trial or proceeding of a violation of division (f)(7) and (f)(8) of this section and a violation of Section 648.04(a)(2) or (b) and Section 648.09(a) of the Codified Ordinances that constitutes the basis of the charge of the violation of division (d) (5) of this section.
(Ord. 22-67. Passed 5-23-22.)
Statutory reference:
Similar state provisions, see R.C. §§ 2923.11(M), 3743.01, 3743.45(A), (D), 3743.54, 3743.60(E) - (J), 3743.61(E) - (J), 3743.63, 3743.64, 3743.65(A) - (H), 3743.66, 3743.68(B), 3743.80, and 3743.99(C), (D)