(A) Generally. It shall be unlawful for any person to ignite or cause to be exploded fireworks or firecrackers of any description whatsoever, except as defined and permitted under the statutes of the state.
(B) Exceptions. The provisions of this section shall not apply to any fireworks to be used for the purpose of public exhibitions or display under the authorization of the governing body, or to fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal.
(C) Temporary ban prohibiting the use of permissible fireworks. If the use of permissible fireworks within the city during the current and forecasted weather conditions creates a very high risk of fire danger within the city and areas surrounding the city that represents an unacceptable risk to the public's health, safety and welfare, the McCook City Council may issue a temporary ban that prohibits the discharge of all fireworks. This decision will be based on current and forecasted weather conditions and Red Flag Warnings after consultation with the Fire Chief and/or his or her representative.
(1) This temporary ban shall not however, apply to the possession, storage or sale of permissible fireworks, which activities shall continue to be legal as currently authorized in accordance with the applicable provisions of this Fire Code.
(2) Nothing herein shall be deemed to prohibit an annual Fourth of July professional fireworks display by the City of McCook or duly authorized agent/organization/or individual.
(D) Penalty. Violations of this section shall be enforced, cited, prosecuted and punished as misdemeanor offenses in accordance with § 91.99(A). In addition, the remaining and undischarged permissible fireworks in possession of a person cited for a violation under this section may be seized, subject to any Fourth Amendment requirements, by the City Police Department as evidence and, if the person cited is convicted of the violation, the Court may order the seized permissible fireworks to be destroyed as contraband by the McCook Police Department.
(Prior Code, § 7-407) (Ord. 2002-2636, passed 11-4-2002; Ord. 2007-2801, passed 11-5-2007; Ord. 2012-2886, passed 11-19-2012) Penalty, see § 91.99