(A) (1) It shall be unlawful for any persons to possess, sell, offer for sale or discharge any pyrotechnics, commonly known as consumer fireworks, of any description whatsoever within the corporate limits of the city, except those fireworks which comply with the State Fire Marshall’s rules and regulations, as adopted at the time of the effective date hereof, and which may be amended from time to time.
(2) Such consumer fireworks shall be sold only by a person who holds a permit from the city to do so in accordance with the provisions of § 133.04 of this code, and the consumer fireworks shall be sold only from June 25 through July 4 between the hours of 8:00 a.m. and 10:00 p.m. Consumer fireworks may also be sold from December 29 through December 31 from 8:00 a.m. until 10:00 p.m. This subchapter does not apply to novelty items such as toy cap and toy cap pistols which may be sold, possessed or discharged at any time. This subchapter shall apply to pyrotechnic exhibitions and display when duly authorized and permitted by the State Fire Marshal pursuant to the laws of the state. All applicants for such displays within the corporate limits of the city shall make application to the City Clerk 45 days prior to discharging. This subchapter shall not apply to the sale, storage or use of railroad track torpedoes or their signaling devices used by railroads, nor to the sale, storage or use of flashlight composition by photographers or dealers of photographic supplies.
(B) Any person who shall sell or offer for sale consumer fireworks in the city, or any person employed by another to sell or offer for sale such fireworks, must be at least 18 years of age, except those persons who are 14 through 18 inclusive may, when working in the direct presence and supervision of an adult 21 years or older, sell or offer for sale the fireworks. During the hours of sale, the attendants shall restrict smoking to 50 feet or further from the structure and shall restrict the discharge of fireworks at least 300 feet or further from the structure. No matches shall be sold or given away from said structure.
(Prior Code, § 130.052) (Ord. 99-15, passed 4-19-1999; Ord. 02-59, passed 11-4-2002; Ord. 06-09, passed 2-21-2006; Ord. 11-08, passed 3-21-2011) Penalty, see § 133.99