(A) It shall be unlawful for any person, firm, corporation, or other business entity, or individuals to use or discharge fireworks with the city, except on the dates of June 30 through July 6 between the hours of 9:00 a.m. and 10:00 p.m., except July 3 and 4 until the hour of 11:00 p.m., and at no other time unless authorized herein. Fireworks which are permitted for discharge include those that are permitted by A.C. §§ 20-22-701 et seq. and other applicable state or federal laws.
(B) It shall be unlawful for any person to use or discharge fireworks within the city except on the person’s own property or with consent of the property owner, and except while under competent or appropriate supervision.
(C) Pursuant to the State Fire Prevention Code (as amended and updated) and under applicable state law including A.C. §§ 20-22-701 et seq., public displays, as defined and set forth in the state law, shall be permitted only as set forth herein. ORGANIZED PRIVATE DISPLAYS, which, for the purposes of this chapter, are defined to be organized or spontaneous private fireworks displays that are of a size and nature in excess of the typical discharge or use of fireworks for personal, single family, or small gathering displays, and which may, in the sole discretion of the Mayor or the Mayor’s designee, be of a sufficient size and nature that the public health, safety, and welfare requires that such displays be regulated as public displays, shall also be permitted as set forth herein.
(1) Such public displays (or organized private displays deemed to be public displays) shall only be permitted if written notification of the public display is sent to the Mayor, or the Mayor’s designee, at least one week prior to the public display, and such public display receives the approval of the Mayor, or the Mayor’s designee, upon review by the appropriate law enforcement and public safety authorities.
(2) Such public displays of fireworks must conform with applicable state and federal requirements, and, when necessary, must have a validly-issued permit. It shall be the duty of any person who wishes to have a public display (or an organized private display) to be apprised of these regulations and to be in communication with the Mayor, or the Mayor’s designee, with regard to any requirements, or potential requirements, herein.
(D) The Mayor, or the Mayor’s designee, shall be authorized to declare an emergency and prohibit all use of fireworks upon a determination that such use would create a fire hazard in dry weather conditions.
(Ord. 2021-33, passed 9-27-2021) Penalty, see § 94.99