It shall be unlawful and an offense to sell, distribute or to discharge fireworks within the corporate limits of the city unless otherwise specifically provided for in this article.
(A) It is unlawful for any person, firm, or corporation to display for sale, offer for sale or sell within the corporate limits of the city any fireworks of any type, nature or description, provided, however, that this section shall not prohibit the lawful sale of fireworks between the dates of June 15 and July 6 and the dates of December 15 and January 2. The sale of fireworks shall require a permit purchased from the city in an amount set forth by resolution of the governing body and shall at all times be undertaken in compliance with provisions of Oklahoma Statutes and Guthrie municipal requirements.
(B) It is unlawful for any person, firm, or corporation to set off or detonate any fireworks of an explosive nature or noise emitting type, nature or description within the corporate limits of the city unless requirements set forth herein are met.
(C) Persons within the corporate limits may use or otherwise discharge Class C fireworks only from 11:30 p.m. to 11:59 p.m. on December 31; from 12:00 a.m. to 12:30 a.m. on January 1; and from 10:00 a.m. to 11:00 p.m. on July 3, 4, and 5 provided that the following conditions are met:
(1) Such fireworks must be discharged on a non-combustible surface of sufficient size to contain the entire ground portion of the display; must be located on residential property outside of the Capitol Townsite Historic District as provided in division (C)(2) below and not closer than 25 feet from any permanent structure, and;
(2) (a) It is unlawful for any person, firm, or corporation to set off or detonate any fireworks of an explosive nature or noise emitting type, nature or description within the Capitol Townsite Historic District as more particularly described below and shown on Exhibit “A” Capitol Townsite Historic District Boundary Map to Ord. 3311, incorporated herein by reference as if fully set out herein, unless approved by the City Manager or his or her designee.
(b) All of lots 13-115, Block 31, all of Blocks 43, 44, 45, 46, 47 and 49, all of Lots 1-12, Block 54, all of Blocks 55, 56, 57, 58, 59, 60 and 61, all of lots 9-20, Block 68, all of Blocks 70 and 71 in that part of Guthrie, Oklahoma known as Guthrie Proper and also,
(c) The south 16-23/ feet of Lot 13, all of Lots 14-18, Block 33, all of Lots 7-12, Block 34, all of Block 36, all of Lots 13-24, Block 46, all of Lots 13-24, Block 47, all of Lots 13-24, Block 48, all of Blocks 49, 50, 51 and 52, all of Lots 1-12, Block 61, all of Lots 1-14, Block 62, all of Blocks 63 and 64, all of Lots 9-14, Block 65, all of Lots 7-18, Block 77 in that part of Guthrie, Oklahoma known as East Guthrie Townsite; also known as:
(d) Beginning at the intersection of Noble Avenue and 2nd Street, then east on Noble Avenue to Wentz Street, then south to the east/west alley between Cleveland Avenue and Oklahoma Avenue, then east to Oak Street, then south to Oklahoma Avenue, then west to Ash Street, then south to the east/west alley between Harrison Avenue and Vilas Street, then west to the Jelsma Stadium, then south to Springer Avenue, then west to the north/south alley between Springer Avenue and Perkins Avenue, then west on Perkins Avenue to Division Street, then north to Springer Avenue, then west to 2nd Street, then north to Vilas Avenue, then west to 4th Street, then south to Springer Avenue, then west to the BNSF Railroad, then northeast along the BNSF Railroad tracks to Harrison Avenue, then northwest to the east/west alley between Oklahoma Avenue and Harrison Avenue, then north to the 5th Street Bridge, then northeast to 2nd Street, then north on 2nd Street to Point of Beginning.
(3) An adult person over the age of 18 shall obtain a permit from the city at a cost set forth by resolution by the governing body, said permit identifying the adult in charge of this use by name and address, and also identifying the proposed location on the permit holder's property. Applications for said permits shall be made available during normal business hours from the city and separate permits shall be required for the use and discharge of fireworks during the dates surrounding the 4th of July and the time frame surrounding New Year’s Eve; and
(4) The adult permit holder in charge of the use must be present for any household member to use the fireworks and within 100 feet 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. The permit holder is further responsible for cleaning up any debris caused by any person discharging fireworks under the holder permit; and
(5) Private persons may not use or discharge fireworks on any public street, public easement, or public property unless approved by the city; and
(6) In the event that the display of fireworks is open to the public, or more than 25 individuals are present during the discharge of fireworks then the gathering shall be considered a public discharge and must get approval from the city in addition to obtaining a permit as required by § 8-22 hereof; and
(7) In the event that the Governor of the State of Oklahoma calls a red flag fire alert or burn ban for the area encompassing the city and/or the Fire Department determines that the city is in fire danger due to the weather conditions, the City Manager of the city may declare the use of fireworks to be illegal and all fireworks permits to be void, without refund during the emergency period.
(`90 Code, § 8-10) (Ord. 2517, passed - -; Am. Ord. 3219, passed 6-7-11; Am. Ord. 3250, passed 6-3-14; Am. Ord. 3311, passed 10-3-17)