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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; Amend Coun. J. 7-22-20, p. 18957, § 9)
(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)
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)
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)
Nothing contained in this part of this chapter dealing with fireworks shall be construed as applying to the transportation of any article or thing shipped in conformity with the regulations prescribed by the United States Department of Transportation, nor as applying to the military or naval forces of the United States.
(Prior code § 125-25; Amend Coun. J. 11-7-22, p. 54984, § 11)
(a) The owner of record of any motor vehicle that contains any illegal fireworks for the purpose of, or in connection with, the offering for sale or sale of such fireworks shall be liable to the City for an administrative penalty of $500.00 plus any towing and storage fees applicable under Section 9-92-080. Any such vehicle shall be subject to seizure and impoundment pursuant to this section. This subsection shall not apply: (1) if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered; (2) if the vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle; (3) if the owner proves that the presence of the fireworks was permissible pursuant to Section 15-20-250; (4) if the only illegal fireworks present in the vehicle are sparklers; or (5) if the illegal fireworks present in the vehicle is intended for personal use.
(b) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle at the time of the alleged violation or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such person, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment hearing to be conducted under Section 2-14-132 of this Code by serving such person with a copy of the vehicle impoundment seizure report.
(c) Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.
(Added Coun. J. 6-9-99, p. 5378; Amend Coun. J. 12-15-99, p. 21529, § 1; Amend Coun. J. 9-5-07, p. 6884, § 2; Amend Coun. J. 7-22-20, p. 18957, § 9)