1519.04 POSSESSION, SALE OR DISCHARGE PROHIBITED; EXCEPTIONS.

   (a)    No person shall possess, use, discharge, or sell fireworks in the City, with the following exceptions:

      (1)    A licensed manufacturer of fireworks may possess or sell fireworks as authorized in Ohio R.C. §§ 3743.02 to 3743.08;

      (2)    A licensed wholesaler of fireworks may possess or sell fireworks as authorized in Ohio R.C. §§ 3743.15 to 3743.21;

      (3)    A shipping permit holder may possess fireworks as authorized by Ohio R.C. § 3743.40;

      (4)    A licensed exhibitor of fireworks as authorized by Ord. § 1519.02;

      (5)    Other limitations, exceptions, or applications as provided for by Ord. § 1519.05.

   (b)    No person shall use in a theater or a public hall, what are technically known as fireworks showers, fountain devices, or a mixture containing potassium chlorate and sulphur.

   (c)    No person shall negligently discharge, ignite, or explode fireworks on the property of another person without that person's permission to use fireworks on that property.

   (d)    It is affirmative defense to a person charged for a violation of possessing fireworks in subsection (a), if said person can establish by a preponderance of the evidence, that they were transporting, legally obtained in this state, 1.3G and 1.4G fireworks through and out of the City to a location where the possession of the fireworks would be permitted without exception. (Ord. 23-35. Passed 6-5-23.)