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(a) Sale and use of fireworks. No fireworks shall be offered for sale within the city limits of Danville unless they comply with the definition of "consumer fireworks" as defined by the Consumer Product Safety Commission (16 CFR parts 1500 and 1507) and the Bureau of Alcohol, Tobacco and Firearms (27 CFR part 555.11). Moreover, no consumer fireworks shall be offered for sale unless they comply with the provisions of KRS Chapter 227.
(1) The use of fireworks in the city includes igniting, firing or exploding or possessing with the intent to use.
(2) The term "sale" includes the sale, offering or exposing for sale, or keeping or possessing with the intent to sell.
(3) Consumer fireworks, as defined in KRS 227.702, and display fireworks, as defined in KRS 227.706, shall only be used at times specifically authorized by the city, but shall include December 31st, January 1st, July 3rd, July 4th, July 5th and Memorial Day, but only between the hours of 10:00 a.m. and 11:00 p.m. Use of display fireworks on other dates require prior authorization of the city in accordance with subsection (c) below, but in all cases shall conclude by 11:00 p.m.
(b) Sales restricted to retail only.
(1) No person shall offer fireworks at wholesale, or as a dealer or jobber, within the city limits of Danville, except as provided for in KRS Chapter 227.
(2) In addition to any permit or registration fee required by the Commonwealth of Kentucky, the city will require an annual one hundred dollar ($100.00) permit fee for the issuance of certificate of occupancy to any temporary consumer fireworks retail sales facility as defined in NFPA 1124 (Chapter 3.329.1, 2006 edition, as amended from time to time).
(c) Public fireworks display. No person shall conduct a public fireworks display without obtaining the requisite permit from the state fire marshal's office in accordance with KRS Chapter 227. "Public fireworks display" shall be defined as any display of fireworks at a public area or as any display of "consumer" or "display" fireworks at a private location if the fireworks are other than those approved by subsection (a) above. The request for signature by the local fire chief shall be accompanied by a one hundred dollar ($100.00) permit fee, and a permit shall only be issued if the conditions of KRS 227.710, KRS 227.720 and NFPA 1123 (most current edition) have been met in total.
(d) Training. Only persons certified through attendance at a locally recognized training program, or other program acceptable to the city fire marshal, will be designated a "competent operator" and thus allowed to supervise a public fireworks display. All display assistants shall be trained in the duties they are to perform, be under the direct supervision of the competent operator, and be at least eighteen (18) years old. Renewal of certification shall be automatic upon proof of actively participating in at least three (3) outdoor fireworks displays during the previous four (4) years.
(e) Revocation/suspension. The Director of Code Enforcement or Fire Chief or his/her designee may revoke or suspend any display fireworks permit issued pursuant to subsection (c) for any violation of this section.
(f) Penalties. Any person convicted of violating this chapter regarding the wrongful use of fireworks shall be deemed guilty of a misdemeanor and shall be subject to a fine in accordance with the following:
1. Two hundred fifty dollars ($250) for the first offense within any twelve (12) month period of time;
2. Five hundred dollars ($500) for the second offense within any twelve (12) month period of time: and
3. One thousand dollars ($1,000) for the third or greater offence offense within any twelve (12) month period of time.
(Ord. No. 1783, §§ 1 - 4, 5-23-11; Ord. 1888, § 1, 10-27-16)