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(A) No person shall possess fireworks in this municipality or shall possess for sale or sell fireworks in this municipality, except a licensed manufacturer of fireworks as authorized by R.C. §§ 3743.02 to 3743.08, a licensed wholesaler of fireworks as authorized by R.C. §§ 3743.15 to 3743.21, a shipping permit holder as authorized by R.C. § 3743.40, a licensed fountain device retailer as authorized by R.C. § 3743.27, a person as authorized by R.C. §§ 3743.44 and 3743.45, or a licensed exhibitor of fireworks as authorized by R.C. §§ 3743.50 to 3743.55, or as authorized by any municipal ordinance that is substantially equivalent to any of these statutes, and except as provided in R.C. § 3743.80 or a substantially equivalent municipal ordinance.
(B) Except as provided in division (H), R.C. §§ 3743.45 and 3743.80 or a substantially equivalent municipal ordinance, and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to R.C. §§ 3743.50 through 3743.55 or a substantially equivalent municipal ordinance, no person shall discharge, ignite, or explode any fireworks in this municipality.
(C) 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.
(D) No person shall sell fireworks of any kind to a person under 18 years of age. No person under 18 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 18 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.
(E) 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 municipality.
(F) No person shall negligently discharge, ignite, or explode fireworks while in possession or control of, or under the influence of, any intoxicating liquor, beer, or controlled substance.
(G) No person shall negligently discharge, ignite, or explode fireworks on the property of another person without that person's permission to use fireworks on that property.
(R.C. § 3743.65(A) - (E), (G), (H))
(H) Purchase, use, and local regulation of consumer-grade fireworks.
(1) Any person who intends to obtain possession in this state of 1.4G fireworks purchased in this state shall obtain possession of the 1.4G fireworks only from a licensed retailer, licensed manufacturer, or licensed wholesaler and shall be subject to this division (H).
(2) Any person authorized under this division (H) to possess 1.4G fireworks in this state may discharge, ignite, or explode those fireworks on private property, with authorization from the property owner, on the following days each year:
(a) January 1st;
(b) Chinese new year's day;
(c) May 5th;
(d) The last Monday in May, and the Saturday and Sunday immediately preceding that day;
(e) June 19th;
(f) July 3rd, 4th, and 5th;
(g) The first Friday, Saturday, and Sunday before and after July 4th;
(h) The first Monday of September, and the Saturday and Sunday immediately preceding that day;
(i) Diwali;
(j) December 31st.
(3) Fireworks discharged, ignited, or exploded pursuant to this division (H) shall not be considered a public exhibition.
(4) The municipality may do either of the following:
(a) Restrict the dates and times a person may discharge, ignite, or explode fireworks purchased pursuant to this division (H).
(b) Ban the discharge, ignition, or explosion of fireworks purchased pursuant to this division (H).
(5) This division (H) does not limit the enforcement of any ordinance, resolution, or statute that regulates noise, disturbance of the peace, or disorderly conduct.
(R.C. § 3743.45) Penalty, see § 141.99
Statutory reference:
Felony offense for disabling a fire suppression system, see R.C. § 3743.65(F)
This chapter does not apply to the following:
(A) The manufacture, sale, possession, transportation, storage, or use in emergency situations of pyrotechnic signaling devices and distress signals for marine, aviation, or highway use;
(B) The manufacture, sale, possession, transportation, storage or use of fusees, torpedoes, or other signals necessary for the safe operation of railroads;
(C) 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;
(D) 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;
(E) 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;
(F) 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;
(G) The manufacture, sale, possession, transportation, storage or use of wire sparklers.
(H) 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:
(1) No explosive aerial display is conducted in the exhibition;
(2) The exhibition is separated from spectators by not less than 200 feet;
(3) 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.
(R.C. § 3743.80)
(A) Whoever violates any provision of this chapter for which another penalty is not specifically provided shall be subject to the penalty as provided in § 10.99.
(2) Whoever violates § 141.03(A) 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. If the violation of § 141.03(A) 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.
(3) Whoever violates § 141.04(F) is guilty of a misdemeanor of the first degree. Notwithstanding any other provision of law to the contrary, a person may be convicted at the same trial or proceeding of a violation of § 141.04(F) and a violation of R.C. § 2917.11(B), or a substantially equivalent municipal ordinance, that constitutes the basis of the charge of the violation of § 141.04(F).
(4) Whoever violates § 141.04(G) is guilty of a minor misdemeanor.
(R.C. § 3743.99(C), (D), (F), (H))