1509.01 POSSESSION, SALE OR DISCHARGE OF FIREWORKS.

   (a)    No person, within the city, except when their possession is authorized by the Ohio Revised Code.

   (b)    Regardless of whether the person is in lawful possession of fireworks within the city, except only as may be authorized by Section 1509.02 of this Code, no person shall discharge, ignite, or explode any fireworks in the city. This prohibition is enacted pursuant to the city's powers of local self-government conferred by the Ohio Constitution as well as § 3743.45(D)(2) of the Ohio Revised Code.

   (c)    No person shall possess for sale at retail or sell at retail fireworks within the city. This prohibition does not apply to sales of fountain devices by a licensed fountain device retailer.

   (d)    Whoever violates this section is guilty of a misdemeanor of the fourth first degree.

   (e)    As used in this Chapter:

      (1)    "Fireworks" means any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration, or detonation, except ordinary matches and except as provided in Section 3743.80 of the Ohio Revised Code.

      (2)   “Fountain device" means a specific type of 1.4G firework that meets all of the following criteria:

         A.   It is nonaerial and nonreport producing.

         B.   It is recognized and manufactured in accordance with Sections 3.1.1 and 3.5 of APA standard 87-1 (2001 edition).

         C.   It is a ground-based or hand-held sparkler with one or more tubes containing a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition, with or without additional effects that may include a colored flame, audible crackling effect, audible whistle effect, or smoke.

         D.   It contains not more than seventy-five grams of the nonexplosive pyrotechnic mixture in any individual tube and not more than five hundred grams or less for multiple tubes.

      (3)   "Licensed fountain device retailer" or "licensed retailer" means a person licensed pursuant to Section 3743.26 of the Ohio Revised Code.

      (4)   "Person" has the same meaning as defined in Section 101.02(k) of the Codified Ordinances.

      (5)   "Retail sale" or "sell at retail" means a sale of fireworks to a purchaser who intends to use the fireworks, and not resell them.

      (6)   "Wholesale sale" or "sell at wholesale" means a sale of fireworks to a purchaser who intends to resell the fireworks so purchased.

         (Ord. 22-O-042. Passed 6-7-22.)