15-20-200 Manufacture of explosives prohibited.

   No person shall manufacture, assemble, or mix anywhere within the city any black powder, guncotton, giant powder, dynamite, nitroglycerine, fulminate of mercury, or other explosives of similar nature.

(Prior code §  125-20)

ARTICLE II. FIREWORKS (15-20-210 et seq.)

15-20-210 Definitions.

   “Fireworks” means and includes any explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect of a temporary exhibitional nature by explosion, combustion, deflagration or detonation, and shall include blank cartridges, toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive compound, or any tablets or other device containing any explosive substances, or containing combustible substances producing visual effects; provided, however, that the term “fireworks” shall not include snake or glowworm pellets; smoke devices; trick noisemakers known as “party poppers”, “booby traps”, “snappers”, “trick matches”, “cigarette loads”, and “auto burglar alarms”; or toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion, and toy pistol paper caps which contain less than twenty-hundredths grains of explosive mixture.

(Prior code § 125-21; Amend Coun. J. 4-9-86, p. 29168; Amend Coun. J. 6-29-05, p. 52456, § 1; Amend Coun. J. 10-6-05, p. 57715, § 1; Amend Coun. J. 9-5-07, p. 6884, § 1; Amend Coun. J. 11-8-12, p. 38872, § 234; Amend Coun. J. 10-31-18, p. 87187, § 1)

15-20-220 Prohibitions.

   No person shall have, keep, store, use, manufacture, assemble, mix, sell, handle or transport any fireworks; provided, however, that nothing in this chapter shall be held to apply to the possession or use of signaling devices for current daily consumption by railroads, vessels and others requiring them or to the possession, sale or use of normal stocks of flashlight compositions by photographers or dealers in photographic supplies; and provided further, that the fire commissioner may issue permits for the display of fireworks as hereinafter provided.

(Prior code § 125-22; Amend Coun. J. 5-18-16, p. 24131, § 142)

15-20-221 Penalties.

   (a)   Any person who violates any provision of Section 15-20-220 having, keeping, storing or transporting fireworks shall be subject to a fine of not less than $200.00 and not more than $500.00 for each offense; each day of a continuing violation shall constitute a separate and distinct offense. Prosecutions for such violations shall be civil.

   (b)   Any person who violates any provision of Section 15-20-220 by using, selling, assembling, mixing or manufacturing fireworks shall be guilty of a misdemeanor, and shall be subject to a fine of not less than $250.00 and not more than $500.00, or incarceration for not less than ten and not more than 30 days, or both. Each day of a continuing violation shall constitute a separate and distinct offense.

(Added Coun. J. 6-9-99, p. 5376)

15-20-230 Advertising restrictions.

   No person shall advertise fireworks in the city or cause such advertisements to be made. This prohibition applies to all advertising of fireworks within the city, regardless of where such fireworks are sold or offered for sale, and regardless of whether the sale itself is legal under the laws of other jurisdictions. This prohibition against firework advertising “within the city” shall apply to advertising on any sign or billboard located in the city, in any newspaper or other publication which is published in the city and has a circulation primarily within the city, by broadcast on any radio or television station that is located in the city, and by handbill or circular distributed in the city. This section does not prohibit sending direct solicitations or advertisements solely to persons possessing a public display permit under Section 15-20-240 below.

   “Advertise” as used in this section includes not only placing an advertisement, but also accepting an advertisement for publication and printing, publishing, or displaying it by any of the media set forth above.

   Any person violating any of the provisions of this section shall be fined not less than $200.00 nor more than $500.00 for each offense. Each day that a violation of this section continues shall be considered a separate and distinct offense.

(Prior code §  125-23; Amend Coun. J. 5-2-95, p. 166)

15-20-240 Display in public places.

   The fire commissioner may, upon due application, issue a permit to a properly qualified person for giving a display of fireworks in the public parks or other public open places. The applicant shall give written notice to the alderman of the ward adjacent to the public park or other public open space ten days prior to the date of application for such permit. No permit shall be issued unless the applicant attaches written consent of the alderman of the affected ward to the application. Such permits shall impose such restrictions as in the opinion of the fire commissioner may be necessary to safeguard life and property in each case.

(Prior code § 125-24; Amend Coun. J. 12-13-95, p. 13845; Amend Coun. J. 5-18-16, p. 24131, § 143)