(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS.
(a) Any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and shall include blank cartridges, toy cannons in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, sky rockets, Roman candles, bombs or other fireworks of like construction and any fireworks containing any explosive compound; or any tablets or other device containing any explosive substance, or containing combustible substances producing visual effects.
(b) The term FIREWORKS shall not include snake or glow worm pellets; smoke devices; sparklers; trick noisemakers known as “party poppers”, “booby traps”, “snappers”, “trick matches”, “cigarette loads” and “auto burglar alarms”; toy pistols, toy canes, toy guns or other devices in which paper or plastic caps containing twenty-five hundredths grain or less explosive compound are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper or plastic caps which contain less than twenty-five hundredths grains of explosive mixture; the sale and use of which shall be permitted at all times.
(B) Possession of fireworks prohibited. No person shall possess, use, discharge or ignite fireworks within the village subject to the exceptions set forth in division (D) below.
(C) Seizure. A peace officer shall seize, remove or cause to be removed, at expense of the owner, all fireworks or combustibles offered or exposed for sale, stored or possessed within the village.
(D) Exceptions. Nothing in this section shall prohibit a public display and discharge of fireworks, providing such individual, firm, partnership or corporation planning to make a public display and discharge of fireworks, shall first secure a written permit from the Chief of the Fire Department upon proper written application.
(Ord. 4275, passed 7-20-2015) Penalty, see § 136.99