The following exceptions shall apply.
(A) It shall be lawful for a person to possess the fireworks, specified in division (C) below, on and between the dates of June 27 and July 5 of each year; provided that, nothing in this provision shall be construed to allow the sale or display of any fireworks.
(B) It shall be lawful for a person to use certain fireworks, herein specified, on July 4 of each year between the hours of 8:00 a.m. and 11:30 p.m.
(C) The following fireworks may be possessed or used, as provided in this section, provided that nothing in this section shall be construed to allow the possession or use of any firework that is not a Class C firework as defined by federal law:
(1) Nonpoisonous snakes and items of similar composition;
(2) Roman candles, not exceeding ten balls with total pyrotechnic composition not exceeding 20 grams in weight, and inside tube diameter not exceeding three-eighths inch;
(3) Skyrockets with sticks, total pyrotechnic composition not exceeding 20 grams in weight, and inside tube diameter not exceeding one-half inch;
(4) Helicopter-type rockets, total pyrotechnic composition not exceeding 20 grams in weight, and inside tube diameter not exceeding three-fourths inch;
(5) Cylindrical fountains, with total pyrotechnic composition not exceeding 75 grams in weight, and inside tube diameter not exceeding three-fourths inch;
(6) Cone foundations, with total pyrotechnic composition not exceeding 50 grams in weight;
(7) Wheels, with total pyrotechnic composition not exceeding 60 grams for each driver unit or 240 grams for each wheel, and with inside tube diameter of driver units not exceeding one-half inch;
(8) Illuminating torches and colored fire in any form, with total pyrotechnic composition not exceeding 100 grams each;
(9) Dipped sticks, the pyrotechnic composition of which contains any chlorate or perchlorate not exceeding five grams, and all sparklers;
(10) Mines and shells, of which the mortar is an integral part, total pyrotechnic composition not exceeding 40 grams in weight;
(11) Firecrackers and salutes with casings, with external dimensions not exceeding one and one-half inches in length and one-quarter inch in diameter, and total composition not exceeding two grams each in weight; and
(12) Smoke devices known as smoke balls, or tubes containing a pyrotechnic mixture which, upon ignition, produces a visible cloud of black, white or colored smoke.
(D) Nothing in § 138.05 shall be construed as forbidding the possession or use of any fireworks by those in charge of a public exhibition. Such an exhibition may be held on any day or days of the year provided that it is held at a location which does not endanger persons or property, and provided that a pyrotechnic expert is used, and provided that those in charge of the exhibition obtain a permit and comply with §§ 138.07 and 138.08, and all applicable state laws or regulations.
(1999 Code, § 27-9-6)