Section
Fireworks
90.01 Definitions
90.02 Unlawful acts; enumerated
90.03 Sale and use of bottle rockets, sky rockets, and the like
90.04 Unlawful discharging, firing, launching, or throwing
90.05 When prohibition not applicable
90.06 Permissible sale and use; hours of sale; use restricted
90.07 Retail sale; license; fee
90.08 Location of stands
90.09 Banning; emergencies
90.10 Fees received; deposit
FIREWORKS
For the purpose of this subchapter, certain words, phrases, and terms shall be construed as defined in Neb. Rev. Stat. Ch. 28, as now existing or hereafter amended or as defined below unless the context otherwise requires.
FIREWORKS. Any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purposes of producing a visible or an audible effect by combustion, explosion, deflagration or detonation.
PERMISSIBLE FIREWORKS. Only those defined by Neb. Rev. Stat. 28-1241 or successive statutes, but excepting therefrom those fireworks specifically prohibited by this subchapter.
RETAILER. Any person engaged in the business of making sales of fireworks at retail.
SALE. Includes barter, exchange, or gift, or offer therefor, and each transaction made by any person, whether as principal, proprietor, agent, servant, or employee.
SKY LANTERN. A device that requires a flame that produces heated air trapped in a balloon-type covering allowing the device to float in the air; except that the term SKY LANTERN shall not include hot air balloons used for the transportation of persons.
(Prior Code, § 90.01) (Ord. 2015-11.1, passed 11-9-2015)
Except as provided in § 90.05, it shall be unlawful for any person to possess, sell, offer for sale, bring into the city, or discharge, explode, or use any pyrotechnics, commonly known as fireworks, other than permissible fireworks, except that this section shall not be construed to prohibit the transport of fireworks through the city.
(Prior Code, § 90.02) (Ord. 1998-2.1, passed 2-9-1998) Penalty, see § 10.99
(A) Fireworks commonly known as sky rockets, bottle rockets, or any other form of fireworks consisting of a case containing a combustible composition fastened to a guiding stick which is designed and manufactured to be projected through the air by the reaction resulting from the rearward discharge of gases liberated by combustion and fireworks commonly known as helicopters or any other form of fireworks which launch in their entirety and leave no base shall not be permissible fireworks within the city, notwithstanding any action by the state’s Fire Marshal to the contrary, and it shall be unlawful for any person to sell at retail, offer for sale at retail, discharge, explode, or use any of the fireworks within the city.
(B) It shall be unlawful for any person to sell at retail, offer for sale at retail, light, launch, release, or otherwise use a sky lantern within the city, notwithstanding any action by the state’s Fire Marshal to the contrary.
(Prior Code, § 90.03) (Ord. 2015-11.1, passed 11-9-2015) Penalty, see § 10.99
(A) It shall be unlawful for any person to discharge, fire, launch, or throw any fireworks or any object which explodes upon contact with another object:
(1) From or onto any motor vehicle;
(2) Onto any street, highway, or sidewalk;
(3) At or near any person;
(4) Into or upon any building;
(5) Into or at any group of persons; or
(6) Into or upon the premises of another person.
(B) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any natural person or any private or public firm, partnership, or corporation.
(C) It shall further be unlawful for any person to discharge, fire, launch, or throw any fireworks from, to, or on any property without the express permission of the owner of the property.
(Prior Code, § 90.04) (Ord. 1998-2.1, passed 2-9-1998) Penalty, see § 10.99
The provisions of this subchapter shall not apply to:
(A) Any fireworks for purpose of public exhibition or displays purchased from a distributor licensed under the state law or the holder of a display license issued by the state’s Fire Marshal as provided by state law;
(B) Any public exhibition or display under the auspices of any governmental subdivision of the state; or
(C) Toy cap pistols or toy caps, each of which does not contain more than twenty-five hundredths of a gram of explosive material.
(Prior Code, § 90.05)
Statutory reference:
Similar provisions, see Neb. Rev. Stat. 28-1245
Permissible fireworks may be sold at retail, offered for sale at retail, discharged, exploded, or used within the city only from June 28 through and including July 4 of each year; provided, it shall be unlawful to discharge, explode, or use permissible fireworks on the dates before 8:00 a.m. and after 10:00 p.m. except on July 4 when permissible fireworks may be lawfully sold, discharged, exploded, or used between the hours of 8:00 a.m. and 12:00 p.m.
(Prior Code, § 90.06) (Ord. 1999-9.1, passed 9-15-1999; Ord. 2008-1.3, passed 3-10-2008) Penalty, see § 10.99
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