(a) Toy devices. Nothing in this article shall be construed as applying to toy smoke devices defined as smoke balls, or tubes containing a pyrotechnic mixture which upon ignition produces a visible cloud of smoke (white and black smokes are considered colored); or to toy paper caps containing not more than .25 of a grain of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, not applying to the military or naval forces or the United States or of this slate, or to peace officers, nor as prohibiting the firing of sky rockets or missiles when produced by a science class of any school and when under supervision of the science instructor and when the place and time of firing the sky rockets or missiles has been approved by the Fire Department.
(b) Bottle rockets; sale and use prohibited; exceptions:
(1) Except as provided in division (A):
(A) It shall be unlawful to sell, offer to sell, or to possess with intent to sell or offer for sale a bottle rocket; and
(B) It shall be unlawful to ignite, fire, set-off or otherwise use a bottle rocket.
(2) Any person violating the provisions of subsection (1) shall be guilty of an unclassified misdemeanor punishable by a fine of not more than $100.
(3) The provisions of this division (b) shall not prohibit the possession or transportation of bottle rockets by a manufacturer or wholesaler thereof for sale outside this sate if such manufacturer or wholesaler is currently registered with the State Fire Marshal pursuant to state statutes.
(c) Approval by State Fire Marshal. All fireworks offered for sale in the city shall be of the type that has been tested and approved for sale and use within the state by the State Fire Marshal. All new pieces of fireworks not having been tested by the State Fire Marshal shall be submitted to the State Fire Marshal for test and approval or rejection before offered for sale to retailers or individuals with the state.
(d) Illegal fireworks. All fireworks not bearing the label I.C.D. or D.O.T. class C common fireworks shall be illegal to be sold and possessed.
(Ord. 570, passed 6-18-1986)