For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSUMER FIREWORKS.
(1) Fireworks devices designed to produce visible effects by combustion, that are required to comply with U.S. Consumer Product Safety Commission requirements, and are listed in American Pyrotechnics Association Standard 87-1, 3.1.2, 3.1.3, or 3.5.
(2) Examples include firecrackers, sky lanterns, bottle rockets, roman candles, and certain aerial shells not exceeding one and three-quarter inches in diameter.
LOW-IMPACT FIREWORKS. Ground hand-held sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1.1 to 3.1.1.8, and 3.5.
PERSON. Any person, group of persons, association, partnership, corporation, or other legal entity.
(1984 Code, § 4-05-010)
(A) A person shall not ignite, discharge, or use consumer fireworks on public property, church property, school property, or another person’s property without that organization’s or person’s written permission.
(B) A person shall not ignite, discharge, or use consumer fireworks within 100 feet of any residential or commercial structure.
(C) A person shall not sell or offer to sell consumer fireworks to an individual less than 18 years of age.
(D) A person shall not use consumer or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of both.
(E) A person shall not sell or offer to sell consumer fireworks within the village without obtaining a certificate from the State Department of Licensing and Regulatory Affairs.
(F) A person shall not self or offer to sell low-impact fireworks within the village without first registering online with the State Department of Licensing and Regulatory Affairs Low-Impact Fireworks Registry.
(G) A person shall not ignite, discharge, or use consumer fireworks, except on the day before, the day of, or the day after the following national holidays:
(1) New Year’s Day, January 1;
(2) Birthday of Martin Luther King, Jr., the third Monday in January;
(3) President’s Day, the third Monday in February;
(4) Memorial Day, the last Monday in May;
(5) Independence Day, July 4;
(6) Labor Day, the first Monday in September;
(7) Columbus Day, the second Monday in October;
(8) Veterans Day, November 11;
(9) Thanksgiving Day, the fourth Thursday in November; and
(10) Christmas Day, December 25.
(H) A person shall not ignite, discharge, or use consumer fireworks between the hours of 12:00 a.m. and 8:00 a.m. with the exception of New Year’s Eve, December 31, where the hours will be extended until 12:30 a.m.
(1984 Code, § 4-05-020) Penalty, see § 134.99
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