1. Generally. This section shall apply to fireworks as defined and the exceptions as provided herein.
a. It shall be unlawful and an offense for any person, firm or corporation to possess, sell, discharge, ignite or in any manner aid, assist or abet in the discharging or igniting of any firecrackers of any size, type or description or substances designed and intended for pyrotechnic display, or small display ground pieces, or other appliances using caps containing chlorate or potash mixture within the corporate limits of the city, except on the Fourth of July as hereafter provided.
b. Nothing in the section shall be construed to prohibit any resident wholesaler, dealer or jobber from selling at wholesale such fireworks as are not herein prohibited; or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. Such wholesalers, dealers, jobbers or retailers shall store their supplies of fireworks in accordance with Fire Prevention Code, latest edition, as amended.
2. Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIREWORK DISPLAY. Any supervised discharge of fireworks for public view for fair associations, amusement parks and other organizations of groups of individuals.
FIREWORKS. Includes any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, sparklers or other devices of like construction and any devices containing any explosive substance. FIREWORKS shall not include auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap manufacture in accordance with the Department of Transportation regulations for packing and shipping as provided therein, and toy pistols, toy canes, toy guns or other devices for use of such caps and the use of which shall be permitted at all times.
FIREWORKS STAND. Any structure which meets the requirements of these regulations, which is temporary in nature, and is used as a retail sales outlet for the distribution of fireworks to the public.
PLOT PLAN. A drawing to scale and fully dimensioned showing the proposed location of fireworks stand or stands, centerline of streets, right-of-way line, property boundary line or dimensioned are to be leased, areas of ingress and egress, parking and circulation, areas nearest adjacent fire hydrant, location of refuse containers, and the location of any adjacent structures or property under different ownership.
3. Manufacture. Manufacture of fireworks is prohibited with the city.
4. Sales. Sales of fireworks prohibited. Exceptions: no person shall store, offer for sale, expose for sale, sell at retail, or use or explode fireworks except as provided in this section and the city’s Fire Prevention Code, as amended and adopted, within the city limits.
5. Discharge of fireworks. Discharge of fireworks is prohibited. Exceptions:
a. The discharge of fireworks shall not be permitted except as provided in subsection 1.a. above and in areas and at times as hereinafter designated by the city;
b. Wholesale and retailers of fireworks may discharge fireworks for the purpose of training their employees on the proper care, handling and discharge of fireworks for training purposes, shall be approved the Fire Chief at least 48 hours prior to such discharge. For the purposes of this subsection 5.b. only, a written request shall be submitted to the Fire Chief, and the request shall include the date, time and location for such discharge;
c. Residents of the city desiring to discharge fireworks at their residence within the city limits must first obtain a permit from the city to do so. Application for such permit must be made at City Hall no sooner than June 20, at 9:00 a.m. and no later than July 3, at 4:00 p.m. each year. No written request for a permit will be considered after July 3 at 4:00 p.m. The written request must specify the exact location where the fireworks are to be discharged. The discharge of fireworks by any person without first obtaining a permit therefore is prohibited. The fireworks can only be discharged at the times set forth in subsection 5.d. below; and
d. The discharge of fireworks within the cache city limits shall be allowed only on the Fourth of July, and only at the following times:
(1) If the Fourth of July falls on a Sunday, Monday, Tuesday, Wednesday or Thursday, fireworks may be only be discharged from 8:00 a.m. until 11:00 p.m.; and
(2) If the Fourth of July falls on a Friday or Saturday fireworks may only be discharged from 8:00 a.m. until 12:00 a.m. midnight.
6. Sale fireworks at stands; permits required. No person shall sell fireworks at retail within the city except at stands operated for such purpose and after being issued a permit therefore as provided in this section, of the city.
a. Application for permits for fireworks stands shall be submitted to the city on or before 5:00 p.m., May 30, annually, and shall contain the following information:
(1) Name of applicant;
(2) Business and residence address;
(3) Telephone number of applicant between the hours of 8:00 a.m. and 5:00 p.m.;
(4) Address of fireworks stand;
(5) Date of application;
(6) A plot plan shall be submitted for each application which contains all requirements indicated in in the definition in subsection 2. above; and
(7) Any and all other information required in the application form.
b. Application filing period, site inspection process and license fee.
(1) Application for the operation of a fireworks stand must be submitted no later than 5:00 p.m., May 30 to be considered.
(2) Following the filing of the complete application with the city, city staff shall conduct its review of the application and inspection of the proposed site. Staff will complete its review and either approve or disapprove the application no later than June 6.
(3) If the application is approved a permit shall be issued by the city upon payment of fees and the filing of bonds and insurance coverage under the provisions in subsection 12. below. No fees will be accepted prior to application approval.
(a) The fee of $100 for a license to operate a fireworks stand in the city; and
(b) Display of permit, when issued, must be permanently displayed at the site of display.
7. Determination of fireworks stand location.
a. No permit shall be issued for any stand that is located less than 150 feet from a structure or property under a different ownership excluding streets, alleyways, easements or rights-of-way. The 150 feet distance shall apply to fireworks stands which are used for other seasonal sale of goods where such stands were erected and in place prior to May 1, 2009. Fireworks stands may only be located in agricultural, commercial or industrial zoning district, and must meet appropriate setback requirements from any public right-of-way, except that stands are prohibited on areas developed or used as parking lots.
b. In determining whether or not a proposed site of location of fireworks stand should be approved, the Fire Chief shall cause each application to be fully reviewed by the following city staff:
(1) Code Enforcement Official, to determine if the proposed location is properly zoned, meets appropriate setback requirements for adjacent public rights-of-way, has proper ingress and egress and provides appropriate area for parking and maneuvering; and
(2) Public Works Director, to determine accessibility from the public street, any conflicts with adjacent intersections or turning movements which would be hazardous to oncoming traffic.
8. Size and construction. Size and construction of fireworks stands shall be at least 50 feet apart and shall not exceed a length of 36 feet nor a width of eight feet. Stands shall be constructed of wood or metal or other material approved by the Fire Chief. Stands must be open to the front and have an exit door either to the rear or on the end. Each stand shall have at least one, two and one-half gallon or greater capacity water pump tank or other firefighting apparatus which is U.L. or F.M. approved. The firefighting apparatus shall be determined solely by the Fire Marshal. Construction of stands from materials such as cardboard, paper, canvas or other flammable material is prohibited.
9. Restrooms. Suitable restroom facilities shall be made available at each fireworks stand location and shall be so located as to be readily accessible but screened from public view as much as the site location will allows.
10. Operations of fireworks stands identifying business hours and days of retail fireworks stands.
a. Retail fireworks stands shall close no later than midnight of each day and shall not reopen until 8:00 a.m. on each day except Sunday, when they shall not be reopened until 12:00 p.m. noon. The only period when stands are permitted to be opened for sales is June 25 through midnight July 5, each year.
b. A responsible person of 18 years of age or older must be in charge of the stand at all times it is open for business. Smoking shall be prohibited within 50 feet of any stand, and the permit holder shall display “no smoking” signs must be posted in prominent places on or about the stand. Metal refuse containers of adequate size and number and with tight-fitting lids must be provided on the premises. All trash, rubbish and debris shall be collected from time to time so as not to become unsightly or blow upon the premises of others. Fireworks shall not be sold to an individual under the age of 16 years. Stand operators shall require identifications and proof of age as deemed necessary to meet the requirements of this section.
c. There shall be permanently displayed on or about each stand at all times a sign stating that the exploding or discharging of fireworks within the city limits is prohibited except as provided in subsection 5.a. above; and that violations thereof may be punishable as provided in this article.
11. Display of firework; permit required. The Fire Chief may adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks by fair associations, amusement parks and other organizations or groups of individuals. Such permits may be granted upon application to the Fire Chief and filing of a bond by the applicant as provided in subsection 12. below. Every such display shall be handled by the competent operator approved by the Fire Chief and shall be of such composition; and character and so located, discharged or fires as, in the opinion of the Fire Marshal, after property inspection, shall not be hazardous to property or endanger any person.
12. Bonds and responsibility for fireworks display and retail fireworks stands.
a. Before a permit for fireworks display or retail fireworks stand is issued, the applicant for such display or stands, as the case may be, shall deposit with the city a surety bond in the amount of $3,000 for each display site or $1,000 for each fireworks stand. The bond shall be issued by a surety bonding company authorized to do business in the state, and shall be made payable to the city in the event the applicant fails to comply with the provisions of this section. In the event the permit holder of such display or fireworks stand does not clean such display site or fireworks stand by July 15, the city shall clean or cause to be cleaned, without notice to the permit holder, the display site or fireworks stand, and the actual cost of such cleaning shall be paid for from the bond so deposited with the city.
b. At the time of the application for a permit, or prior to the issuance of a permit, for a fireworks display or fireworks stand, the person or persons making such application for a permit shall provide physical evidence of property damage and personal injury insurance coverage for each licensed fireworks display site or each retail stand a minimum coverage of $250,000 for property damages, personal injuries, or deaths arising from the operation of such fireworks display of fireworks stands.
c. The permit holder shall assume full responsibility for any property damages, personal injuries or deaths arising for such fireworks display or from the operation of sale of such fireworks from the retail fireworks stands. The coverage required under subsection 12.b. above and the requirements in § 7-21 shall be used to indemnify and hold harmless the city, its officials and employees from any liability arising from the conduct, operation or sale of such fireworks at each of the display sites or at each of the retail fireworks stands, to include place of ingress or egress.
13. Seizures of fireworks. The city shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this article or the Fire Prevention Code, as amended.
14. Notice of noncompliance.
a. Any seller of fireworks who violates any provision of this section shall be given reasonable notice of such violation, and allowed eight hours from the time and date first notified to comply with the provisions of the this section. If after reasonable notice has been provided, compliance is still not achieved, the permit for the operation of a fireworks stand shall be revoked by the Fire Marshal. The revocation of any fireworks stand permit shall not bar any other relief or penalties otherwise applicable.
b. Any city resident who violates the permit conditions for the discharge of fireworks shall not be allowed to obtain a permit for the discharge of fireworks for the next calendar year.
15. Application of section. This section shall not apply to any fireworks classified as a “bottle rocket” which is prohibited under state law and in the city, 68 O.S. §§ 1624 et seq.
16. Permit fee. The permit fee for the discharge of firecracker by residents of the city shall be $15.
(Ord. 17-02, passed 6-12-2017)