(A) It shall be unlawful for any person to, within the city, possess, sell, offer for sale, hold for sale, bring into the city, use or discharge fireworks, except for the following:
(1) Consumer fireworks, as defined by Neb. RS 28-1241, as amended;
(2) Any display fireworks, purchased by a person licensed to purchase such fireworks, and purchased from a licensed distributor;
(3) Any display fireworks purchased by the holder of a display permit issued pursuant to Neb. RS 28-1239.01;
(4) Any fireworks brought into this state for storage by a licensed distributor and held for sale outside of this state;
(5) Any fireworks furnished for agricultural purposes pursuant to written authorization from the state fire marshal to any holder of a distributor’s license; or
(6) Toy cap pistols or toy caps, each of which does not contain more than twenty-five hundredths of a grain of explosive material.
(B) Definitions.
(1) The term FIREWORKS shall mean any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and which meets the definition of consumer or special fireworks set forth by the United States Department of Transportation in Title 49 of the Code of Federal Regulations.
(2) The term 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.
(C) The use or discharge of consumer fireworks under division (A)(1) of this section shall be subject to the following rules:
(1) The possession, use or discharge of consumer fireworks shall comply with the laws of the State of Nebraska.
(2) Notwithstanding other rules, consumer fireworks may be used or discharged only on June 24 through July 4.
(3) Consumer fireworks may only be possessed, used or discharged by a person 16 years of age or older; provided, that a person 12 years of age or older and less than 16 years of age may possess, use or discharge consumer fireworks, but only when in the immediate presence of and under the direct supervision of an adult 19 years of age or older.
(D) The possession, use, or discharge of fireworks as allowed under this section shall be lawful, notwithstanding any general prohibition of such activities in the city’s master plan.
(E) Notwithstanding any other language in this section, the possession, use, discharge, retail sale, offer for retail sale, or explosion of flying lanterns is prohibited.
(F) The sale of fireworks shall be regulated by § 112.17 of this subchapter.
(G) Any person convicted of a violation of this section shall be punished under this section as follows:
(a) First offense: A fine of $300.
(b) Second offense: A fine of $400.
(c) Third and subsequent offenses: A fine of $500 for each separate conviction.
(Prior Code, § 10-402) (Ord. 627, passed 9-15-1997; Ord. 674, passed 1-17-2000) Penalty, see § 112.99
Statutory reference:
Related provisions, see Neb. RS 17-556, 28-1241, 28-1244, 28-1245