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§ 7-213 SAME; SERVICE OF ORDER; RECORDS.
   Any order made under § 7-212 shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied and the owner is a nonresident of the city, then by mailing a copy to the owner’s last known post office address. One notice to either the occupant or owner shall be sufficient. The Fire Department shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the Municipal Court against the property owner and/or occupant.
ARTICLE 3: FIREWORKS
Section
   7-301   Definitions
   7-302   Fireworks generally
   7-303   Storage, sale and handling
   7-304   Storage near flammable substances prohibited
   7-305   Fire extinguishers required
   7-306   Sale and discharge days permitted
   7-307   Exposure for sale restricted
   7-308   Storage, sale near gasoline or other stations selling flammable liquids
   7-309   Discharge from or into or under vehicles
   7-310   Insurance
   7-311   Licenses
   7-312   Penalties
§ 7-301 DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CLASS C FIREWORKS (COMMON FIREWORKS). Fireworks designed primarily to produce visible effects by combustion. The definition of CLASS C FIREWORKS is based on the definition of the United States Department of Transportation of common fireworks (C.F.R. Title 49, § 173.120). Some small devices designed to produce and audible effect are included but only when containing two grains or less of pyrotechnic compositions. Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and potassium nitrate (saltpeter are not considered as designed to produce and audible effect).
   FIREWORKS. Any combustible or deflagrating composition, article, or device suitable for the use of the public for the purpose of producing a visible or audible effect by combustion, deflagaration, or detonation and previously approved for transportation by the chemical laboratory of the United States department of transportation.
(Ord. 570, passed 6-18-1986)
§ 7-302 FIREWORKS GENERALLY.
   (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)
§ 7-303 STORAGE, SALE AND HANDLING.
   Fireworks to be sold at wholesale shall be stored in a room set aside for the storage of fireworks only. The entrance to this room shall be posted with a sigh reading, “fireworks - no smoking - keep open flames away”.
(Ord. 570, passed 6-18-1986)
§ 7-304 STORAGE NEAR FLAMMABLE SUBSTANCES PROHIBITED.
   Fireworks shall not be sold or kept for sale in a place of business where paints, oils, varnishes, turpentine or gasoline or oilier flammable substances are kept in containers, unless in a separate and distinct section or department of the store.
(Ord. 570, passed 6-18-1986)
§ 7-305 FIRE EXTINGUISHERS REQUIRED.
   Two approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all buildings where fireworks are sold. Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have a fire extinguisher, or in lieu of the fire extinguisher a barrel of water with at least two buckets, or a loaded water hose with nozzle and within 15 feet of fireworks stand.
(Ord. 570, passed 6-18-1986)
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