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(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)
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)
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)
No person, firm or corporation shall offer fireworks for sale to individuals at retail stands or locations before July 1 and after July 4.
(a) Applicant may sell fireworks on July 1 and 2 from 8:00 a.m. to 10:00 p.m. and on July 3 and 4 from 8:00 a.m. to midnight.
(b) Fireworks may be discharged on private property between the hours of 8:00 a.m. to 11:00 p.m. on July 3 and from 8:00 a.m. to midnight on July 4 of each year.
(c) City sponsored displays shall be exempt for date restrictions in division (b) above.
(Ord. 570, passed 6-18-1986; Ord. 570-A, passed 6-6-2000)
All retailers are forbidden to expose fireworks where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package, and all fireworks kept for sale on front counters must remain in original packages, except where an attendant is on constant duty at all times at counters where such fireworks are on display; provided, however, that fireworks in open stock may be kept in show cases or counters out of reach of the public without and attendant being on duty. Signs reading, “fireworks for sale - no smoking allowed” shall be displayed in the section of the store set aside for the sale of fireworks.
(Ord. 570, passed 6-18-1986)
Fireworks shall not be stored, kept, sold or discharged within 50 feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints, and oils are handled in sealed containers only.
(Ord. 570, passed 6-18-1986)
No person shall ignite or discharge any fireworks into, under, from, or on a car or vehicle, whether moving or standing still. Fireworks shall not be discharges within 50 feet of any retain fireworks stand or facility where fireworks are stored.
(Ord. 570, passed 6-18-1986)
The permittee shall furnish a bond or certificate of insurance in the amount of $50,000 per person and $200,000 per occasion and $100,000 for property damage by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors.
(Ord. 570, passed 6-18-1986)
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