(A) Nobody shall, by act or omission, conspire, cause, permit, promote, allow, assist, encourage or engage in the sale or possession of fireworks for sale within the City of Elsmere outside of a building.
(B) (1) The Chief of the Elsmere Fire District or other authorized city official may grant permits for supervised public displays of fireworks by the city, fair associations, amusement parks, and other organizations or groups of individuals.
(2) Every display shall be handled by a competent display 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, to not be hazardous to property or endanger any person.
(3) "COMPETENT DISPLAY OPERATOR" shall be defined as the person with overall responsibility for the operation and safety of a fireworks display that is not under the influence of alcohol or illegal drugs. The competent display operator shall have a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) License and have participated as an assistant in firing at least five (5) public displays. A "competent display operator" is also an employee possessor. A permit under division (A)(1) shall be issued only to a competent display operator holding an ATF license.
(4) At least one (1) competent display operator shall be on site during display set-up and firing. This complement display operator shall maintain a copy of the permit application, as signed by the local authority having jurisdiction as identified in this section, on site and at all times the display is in place, and shall be presented on demand of the State Fire Marshal or local Fire Chief. All public displays that require issuance of a permit shall be conducted in accordance with the provisions of National Fire Protection Association (NFPA) 1123 Code for Fireworks Display (adopted edition).
(5) Permits shall be filed with the office of the State Fire Marshal at least fifteen (15) days in advance of the date of the display. After this privilege shall have been 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 firework" shall include the use of pyrotechnic devices or pyrotechnic materials before a proximate audience, whether indoors or outdoors.
(6) Any person remaining within the display area shall be identified as licensed by the ATF, or an employee thereof, or be an assistant in training to become a competent display operator. All persons remaining within the display area shall be at least eighteen (18) years of age.
(7) The Commissioner of the Department of Housing, Buildings and Construction with recommendation from the State Fire Marshal shall promulgate administrative regulations in accordance with KRS Chapter 13A to administer the provisions of this division. The regulations shall address the process by which permits are issued and any other procedures that are reasonably necessary to effectuate this division.
(C) The sale, at wholesale, of any display fireworks for permitted displays by any resident manufacturer, wholesaler, dealer, or jobber, in accordance with regulations of the U.S. Bureau of Alcohol, Tobacco and Firearms, and Explosives if the sale is to a person holding a display permit as outlined in this subchapter and KRS Chapter 227. The permit holder shall present the permit along with other verifiable identification at the time of sale.
(D) The sale of display fireworks in accordance with a license issued by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.
(E) The sale, and use in emergency situations, of pyrotechnic signaling devices and distress signals for marine, aviation, and highway use.
(F) The use of fuses and railway torpedoes by railroads.
(G) The sale and use of blank cartridges for use in a show or theater or for signal or ceremonial purpose in athletics or sports.
(H) The use of any pyrotechnic device by military organizations.
(I) 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.
(J) Nothing in this section shall prohibit a person, firm, co- partnership, non-profit, or corporation from offering for sale, exposing for sale, selling at retail, keeping with intent to sell, possessing or using consumer fireworks as defined in KRS 227.702 as permitted pursuant to KRS 227.715.
(Am. Ord. 1661-2013, passed 6-18-13) Penalty, see § 92.99
Statutory reference:
For similar state provisions, see KRS 227.710