§ 132.05 FIREWORKS NOT TO BE SOLD OR SET OFF; EXCEPTIONS.
   (A)   It is unlawful for any person, firm, or corporation to display for sale, offer for sale or sell within the corporate limits of the city any fireworks of any type, nature or description, provided, however, that this section shall not prohibit the lawful sale of fireworks between the dates of June 15th and July 6th and the dates of December 15th and January 2nd. The sale of fireworks shall at all times be undertaken in compliance with provisions of Oklahoma Statutes.
   (B)   It is unlawful for any person, firm, or corporation to set off or detonate any fireworks of an explosive nature or noise emitting type, nature or description within the corporate limits of the city unless requirements set forth in divisions (C) or (D) are met.
   (C)   Persons within the corporate limits may use or otherwise discharge Class C fireworks only from 12:00 p.m. to 11:00 p.m. on July 3, 4, and 5 provided that the following conditions are met:
      (1)   Such fireworks must be discharged on a non-combustible surface of sufficient size to contain the entire ground portion of the display and not closer than 25 feet from any permanent structure.
      (2)   An adult person over the age of 18 shall obtain a permit from the city at a cost of $25, said permit identifying the adult in charge of this use by name and address, and also identifying the proposed location on the permit holder’s property. Applications for said permits shall be made available during normal business hours from April 1 through July 3 of any given year and permits are valid only for the year of issuance. If an adult person is issued a citation for violation of these provisions, then the citation will act as a permit for the July 3, 4, and 5 of that year only.
      (3)   The adult permit holder in charge of the use must be present for any household member to use the fireworks and within 100 feet of the point of display, and have the permit posted in a place of prominence during the discharge of the fireworks for examination by any law enforcement officer. The permit holder is further responsible for cleaning up any debris caused by any person discharging fireworks under the holder permit.
      (4)   Private persons may not use or discharge fireworks on any public street, public easement, or public property unless approved by the City of Claremore Special Events Committee.
      (5)   In the event that the display of fireworks is open to the public, or more than 25
individuals are present during the discharge of fireworks then the gathering shall be considered a special event and must get approval from the City of Claremore’s Special Events Committee in addition to obtaining a permit.
      (6)   In the event that the Governor of the State of Oklahoma calls a red flag fire alert or burn ban for the area encompassing the City of Claremore and/or the City of Claremore Fire Department determines that the city is in fire danger due to the weather conditions, the City Manager of the city may declare the use of fireworks to be illegal and all fireworks permits to be void, without refund during the emergency period.
   (D)   Permission for the presentation of public displays of fireworks by responsible persons or organizations shall be allowed at any time during the year provided that said person or organization obtains formal permission from the City of Claremore Special Events Committee or City Council.
   (E)   Penalty. Violations of division (C)(2) of this section, on July 3, 4, and 5, will be issued a $25 citation, plus court costs. All other violations of this section shall be fined as set out in § 10.99 of the City of Claremore Code of Ordinances.
(`83 Code, § 10-305) (Am. Ord. 99-34, passed 5-17-99; Am. Ord. 2000-32, passed 12-4- 00; Am. Ord. 2005-01, passed 3-21-05; Am. Ord. 2008-11, passed 4-21-08; Am. Ord. 2008-26, passed 9-5-08; Am. Ord. 2018-11, passed 5-21-18) Penalty, see § 10.99
Statutory reference:
   State fireworks licenses required, see 68 O.S. §§ 1621 et seq.
   Bottlerockets prohibited, see 68 O.S. § 1624