(a) "Fireworks" means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman candles,
Daygo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that "fireworks" does not include toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission regulations for packing and shipping of toy paper caps are used and toy paper caps manufactured as provided therein, the sale and use of which shall be permitted at all times. Each package containing toy paper caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap.
(b) Except as hereinafter provided, no person, firm, copartnership or corporation shall possess, offer or expose for sale, sell at retail, keep with intent to sell at retail, or use or explode any fireworks, provided that the Director of Public Safety may adopt reasonable rules and regulations for the granting of permits for supervised displays of fireworks by the City, fair associations, amusement parks and other organizations or groups of individuals. Such permits may be granted upon application to the Director of Public Safety and after approval of the police and fire authorities, and the filing of a bond by the applicant as provided hereinafter. Every such display shall be handled by a competent operator, such competency to be determined by the Bureau of Fire Prevention, and shall be of such composition and character, and so located, discharged or fired as in the opinion of the Fire Chief, after proper inspection, and of the Chief of Police, as to not be hazardous to property or endanger any person. After the privilege has been granted, sales, possession, use and distribution of fireworks for display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(c) The Director of Public Safety shall require a bond from the permittee for not less than one thousand dollars ($1,000) conditioned on compliance with the provisions of this section and the regulations of the Director of Public Safety adopted hereunder; however, the City shall not be required to file such bond.
(d) Before any permit for a pyrotechnic display is issued, the person, firm or corporation applying for it shall furnish proof of financial responsibility to satisfy claims for damage to property or personal injuries arising out of any act or omission on the part of such person, firm or corporation or any agent or employee thereof, in such amount, character and form as the Director of Public Safety determines to be necessary for the protection of the public.
(e) Nothing in this section shall be construed to prohibit any resident wholesaler, dealer or jobber from selling at wholesale such fireworks as are not herein prohibited or the sale of any kind of fireworks provided the same are to be shipped directly out of State in accordance with regulations of the United States Interstate Commerce Commission covering the transportation of explosives and other dangerous articles by motor, rail and water; the use of fireworks by railroads or other transportation agencies for signal purposes or illumination; the sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations; or the use of fireworks for agricultural purposes under conditions approved by the City.
(f) The Fire Chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this section.
(Ord. 1971-105. Passed 6-22-71.)
(g) Whoever violates this section is guilty of a minor misdemeanor unless physical or threat of physical harm is a result and the violator would then be guilty of a misdemeanor of the third degree. (Ord. 1984-20. Passed 6-26-84.)