§ 12-60 SALE, DISTRIBUTION, STORAGE AND DISCHARGE OF FIREWORKS RESTRICTED; DEFINITIONS.
   (A)   No person shall sell, hold for sale, offer for sale, or distribute or deliver fireworks in the city as a distributor, jobber or retailer (as such terms are defined by the laws of the state, as amended from time to time) unless licensed by the city for such purposes; provided that such licensee shall at all times comply with sections 12-60 through 12-100 and with any applicable laws, regulations and rules of the state, as amended from time to time.
   (B)   (1)   No fireworks may be sold at retail in this city except, daily, from 8:00 a.m. until 10:00 p.m., June 25 through July 3, and from 8:00 a.m. until 12:00 midnight on July 4. Unless first expressly approved by the city council, it shall be unlawful for any person to discharge any other pyrotechnics or pyrotechnic devices in this city other than fireworks. Unless first expressly approved by the city council, it shall be unlawful to discharge fireworks in this city except between:
         (a)   8:00 a.m. to 10:00 p.m. on any day from June 25 through July 3;
         (b)   8:00 a.m. to 12:00 midnight on July 4; and
         (c)   9:00 p.m. on December 31 to 12:30 a.m. on January 1.
      (2)   All retail fireworks sales sites shall prominently display a sign listing the days and hours for legal discharge of fireworks in the City of Bellevue and that any debris caused by the discharge of fireworks in the city must be disposed of by the user. Nothing in this article shall be construed to permit the discharge or other use of any fireworks or any other pyrotechnics or pyrotechnic devices in violation of any other law of this city or the State of Nebraska.
   (C)   No person other than distributors or jobbers or retailers licensed by the city shall store fireworks for retail sale, distribution or delivery in this city. No such storage shall be permitted except between the hours of 8:00 a.m. on June 23 through 12:00 noon on July 7. Such storage shall be allowed only on sites approved for the retail sale of fireworks pursuant to the provisions of section 12-77 in facilities complying with all applicable provisions of law.
   (D)   Unless the context shall otherwise require, whenever used in sections 12-60 through 12-100, the term:
      (1)   COMMUNITY BETTERMENT shall mean a purpose which generally betters or enhances the community of the City of Bellevue, including:
         (a)   The acquisition, improvement and maintenance of parks and recreational facilities, public equipment and other items for community use;
         (b)   The recruitment and attraction of new businesses and jobs to the City of Bellevue;
         (c)   Athletic programs which serve the city or neighborhoods or other areas of the community;
         (d)   Scholarships and youth programs; and
         (e)   Other acquisitions, services or programs which generally benefit the city and its residents.
      (2)   FIREWORKS shall mean and include only those fireworks that are permitted for sale by a retailer under the laws of the state, as amended from time to time.
      (3)   FLYING LANTERNS shall mean any device that requires a flame which produces heated air trapped in a balloon-type covering allowing the device to float in the air. FLYING LANTERNS shall not include hot-air balloons used for transporting persons.
   (E)   Notwithstanding any other provisions in this section, the possession, use, discharge, retail sale, offer for retail sale, or explosion of flying lanterns in this city is prohibited.
(1964 Code, § 10-13) (Ord. 2092, § 2, passed 4-9-1979; Ord. 2102, § 1, passed 7-9-1979; Ord. 3307, § 1(12-60), passed 3-8-2004; Ord. 3360, § 1, passed 5-9-2005; Ord. 3808, § 1, passed 5-11-2015; Ord. 3823, § 3, passed 11-9-2015; Ord. 4030, § 1, passed 5-4-2021; Ord. 4050, § 1, passed 9-21-2021)