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A. Permit Required: The use of class 1.4G fireworks by individuals shall be allowed only under a permit as described in subsections B and C of this section. (Ord. 593, 4-21-2008; amd. 2013 Code)
B. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
CONSUMER FIREWORKS: Any devices suitable for use by the public that conform with the requirements of the United States consumer products safety commission (CPSC) and designed primarily to produce visible effects by combustion, and some small devices designed to produce an audible effect. The term "consumer fireworks" shall not include toy cap pistols and caps, blank cartridges, railroad flares and model rockets or any novelty. This definition shall not impose labeling requirements for any fireworks or novelties other than those required under federal law.
DISPLAY FIREWORKS: Fireworks devices that are primarily intended for commercial displays which are designed to produce visible and/or audible effects by combustion, deflagration or detonation. Display fireworks include, but are not limited to, salutes containing more than two (2) grains (130 milligrams) of explosive composition, aerial shells containing more than forty grams (40 g) of pyrotechnic compositions and other exhibition display items that exceed the limits for consumer fireworks according to the department of transportation (DOT).
DISTRIBUTOR: Any person who sells fireworks and novelties to other distributors, wholesalers or retailers for resale or provides them as part of a pyrotechnic display service in the state of Oklahoma.
FIREWORKS: Any composition or device for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and which are further described as consumer fireworks 1.4G, display fireworks 1.3G, articles, pyrotechnic 1.4G or 1.4S as defined by the United States department of transportation (DOT) title 49, CFR.
MANUFACTURER: Any person engaged in the making or constructing of fireworks.
NOVELTY: A device containing small amounts of pyrotechnic and/or explosive composition. Such devices produce limited visible or audible effects. These items must be approved by the United States department of transportation (DOT) or have been deregulated by DOT.
PERSON: Any corporation, association, partnership or one or more individuals.
RETAILER: Any person who purchases fireworks and novelties for resale to consumers only. A retailer who sells fireworks to the consumer buys only an Oklahoma retail license and may purchase merchandise in or out of the state as long as the retailer buys from a person that has a legal license to do business in the state of Oklahoma.
TAX EXEMPT ORGANIZATION: Any legal entity recognized by the internal revenue service as an organization exempt from federal income taxes under 26 U.S. Code section 501.
WHOLESALER: Any person who purchases fireworks and novelties for resale only to retailers and consumers. (Ord. 686, 6-2-2014)
C. Permissible Discharges: Persons within the city limits may ignite or otherwise discharge permissible fireworks only from eleven o'clock (11:00) A.M. to eleven o'clock (11:00) P.M., and only on dates approved by the city manager, provided the following conditions are met: (Ord. 693, 12-15-2014)
1. The city manager will post the approved dates each year at city hall. (Ord. 593, 4-21-2008; amd. 2013 Code)
2. Such fireworks must be ignited or otherwise discharged on a noncombustible surface of sufficient size to contain the entire ground portion of the display and not closer than twenty five feet (25') to any permanent structure which is not on premises owned or lawfully occupied by the permit holder or a person igniting or otherwise discharging the fireworks under the supervision of the permit holder, provided that no person shall be allowed to ignite or otherwise discharge fireworks on the surface of any public street or highway nor closer than fifteen feet (15') to any private residence.
3. An adult person shall obtain a permit from the city at a cost to be set by the city council; said permit identifying the adult in charge of the use of permitted fireworks by name and address, and also identifying the proposed location on premises owned or lawfully occupied by the permit holder or owned or lawfully occupied by a person igniting or otherwise discharging fireworks under the supervision of the permit holder. Applications for said permits shall be made available during normal business hours from April 1 through July 3 of any given year, or on such other dates as may be approved and specially announced by the city manager, in his sole discretion and for only such time as announced. Permits are valid only for the year of issuance. (Ord. 693, 12-15-2014)
4. The adult permit holder in charge of the use must be physically present for any household member to use the permissible fireworks and within one hundred feet (100') of the point of display, and have the permit posted in a place of prominence during the discharge of the fireworks for examination by any law enforcement officer.
5. The permit holder is further responsible for the cleaning up of any debris caused by any person discharging fireworks under the permit holder. (Ord. 593, 4-21-2008; amd. 2013 Code)
6. Private persons may not ignite or otherwise discharge fireworks within any city park, nor on any highway or any street within the city limits. (Ord. 693, 12-15-2014)
D. Possession By Or Sale To Minors: The possession or sale of any fireworks to or by any individual under the age of twelve (12) years shall be unlawful within the city, unless under the immediate and direct supervision of a parent, guardian, or other responsible adult in possession of a current permit. (Ord. 593, 4-21-2008; amd. 2013 Code)