§ 92.36  APPLICABILITY OF GENERAL ORDINANCES.
   (A)   Nothing in this subchapter or in the Act shall preclude the enforcement of ordinances or laws of general applicability at any time or on any day regardless of whether the conduct or offense is secondary or incidental to the use, discharge or ignition of fireworks.
   (B)   Any person selling, distributing or transporting fireworks shall otherwise comply with the Act, and is required to obtain the approvals that are necessary under the applicable provisions of the Code of Ordinances of the city.  Failure to secure applicable approvals is subject to penalty as provided in this subchapter and/or Code of Ordinances of the city.
   (C)   Any fireworks that are possessed, sold, distributed or displayed in violation of the Act or the Code of Ordinances of the city are subject to seizure and removal by the Police Department or Fire Department, at the expense of the responsible person, in addition to other penalties as provided in this subchapter or by other ordinance.
   (D)   Notwithstanding the Act, any use, discharge or ignition of fireworks that is presenting an imminent danger or threat to the public health, safety or welfare, as deemed by a police officer or the Fire Marshal, or his or her designee, shall be prohibited, and the fireworks may be immediately seized.
(Ord. 842, passed 8-20-11)