(A) It shall be unlawful for any person or persons to sell or offer for sale, either wholesale or retail, any fireworks or similar articles of any kind or descriptions within the city limits.
(B) It shall be unlawful for any person or persons to explode, fire or use in any way any fireworks or similar articles of any kind or description within the city limits.
(Ord. 214-56, passed 12-10-56)
(C) Exceptions to the provisions of subsections (A) and (B) are as follows:
(1) The Chief of the Fire Department, or Mayor, may grant permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals. Every display shall be handled by a competent operator to be approved by the public official by whom the permit is granted, and shall be of such character, and so located, discharged, or fired as in the opinion of the official, after proper inspection, shall not be hazardous to property or endanger any person. Permits shall be filed with the State Fire Marshal at least fifteen (15) days in advance of the date of the display. After the privilege is granted, sales, possession, use, and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted under this subsection shall be transferable. For the purpose of this section, “public display of fireworks” shall include the use of pyrotechnic devices or pyrotechnic materials before a proximate audience, whether indoors or outdoors.
(2) The sale, at wholesale, of any fireworks for supervised displays by any resident manufacturer, wholesaler, dealer, or jobber, in accordance with regulations of the U.S. Bureau of Alcohol, Tobacco and Firearms, if the sale is to the person holding a display permit as outlined in subsection (A) of this section. The permit holder shall present the permit along with other verifiable identification at the time of sale.
(3) The sale, at wholesale, of any kind of fireworks by any resident manufacturer, wholesaler, dealer, or jobber, provided the fireworks are intended for shipment directly out of state in accordance with regulations of the U.S. Department of Transportation.
(4) The sale and use in emergency situations of pyrotechnic signaling devices and distress signals for marine, aviation, and highway use.
(5) The use of fuses and railway torpedoes by railroads.
(6) The sale and use of blank cartridges for use in a shown or theater or for signal or ceremonial purpose in athletics or sports.
(7) The use of any pyrotechnic device by military organizations.
(8) The use of fireworks for agricultural purposes under the direct supervision of the U.S. Department of the Interior or any equivalent or local agency.
(9) The sale of common fireworks as permitted pursuant to KRS 227.715.
(KRS 227.710)
Cross reference:
Penalty for violation, § 72.999