(A) The sale of consumer fireworks shall be permitted the City of Middletown as set out in divisions (B), (C), (D) and (E) of this section.
(B) Within the City of Middletown, consumer fireworks may not be offered for sale, exposed for sale, sold at retail, kept or possessed with intent to sell if said fireworks have as part of their devices any wings, fins or other mechanisms designed to cause the devices to fly or are designed to operate as aerial devices or if the consumer fireworks carry a cautionary label which includes in their description any of the following terms: “explosive,” “emits flaming pellets,” “flaming balls,” “firecrackers,” “report” or “rocket.”
(C) It shall be unlawful for any person under the age of 18 to sell or possess with intent to sell or display consumer fireworks within the City of Middletown.
(D) It shall be unlawful for any person, firm, corporation or other entity to employ any person under the age of 18 for the sale of fireworks within the City of Middletown.
(E) It shall be unlawful for any person, firm, corporation or other entity to give, offer for sale or sell any consumer or display fireworks to any person who is not 18 years of age within the City of Middletown.
(F) It shall not be a violation of this ordinance for any person, firm, corporation or other entity to transport within the City of Middletown consumer or display fireworks, so long as such products are being transported through the City of Middletown to a location where such products can be sold, stored or used in compliance with law. Commercial transportation of all fireworks are required to be in accordance with city, state and federal regulations regarding explosive materials.
(G) The location of any temporary structure, or retail display for the purpose of displaying for sale and FIREWORKS by definition, such as a booth, make shift stand, or retail shelf shall not be within 100 feet of any combustible or flammable liquid dispenser, or within 50 feet of any combustible structure, or within 50 feet of any combustible or flammable liquid container, or within 25 feet of any non- combustible structure.
(H) Fire safety requirements.
(1) Fire extinguishers will be required in accordance with NFPA #10 Standards as referenced by the current adopted Kentucky Standards of Safety.
(2) No smoking signs will be posted at each entrance and/or within ten feet of every isle, and there will be no open flame devices permitted within 100 feet of the temporary structure. No DEMONSTRATION of fireworks will be permitted near or around the display of fireworks for sale. A sign shall be posted on each side stating “No Fireworks Discharge within 300 feet”. Smoking is not permitted within 50 feet of the tent or stand.
(3) All temporary electrical wiring will be required to meet NFPA # 70 Standards as referenced by the current adopted Kentucky Standards of Safety.
(4) All retail sales and storage of pyrotechnic material must follow NFPA # 1123, 1124, 1125, 1126 and 1127 which is the current adopted National Fire Protection Association Code Book by the State of Kentucky.
(Ord. 07-11, passed 12-8-2011) Penalty, see § 93.99