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(A) It shall be unlawful for any person to sell, hold for sale or offer for sale as distributor, jobber or retailer any fireworks without first obtaining a license from the State Fire Marshal for that calendar year. Licensees shall only sell fireworks that have been approved by the Fire Marshal. Permissible fireworks may be sold at retail only between 12:01 a.m. on June 24 and 11:59 p.m. on July 4 of each year and between 12:01 a.m. on December 29 and 11:59 p.m. on December 21 of each year.
(B) Permissible fireworks may be discharged between the hours of 9:00 a.m. and 10:00 p.m. from June 25 to July 3, between 9:00 a.m. and 11:59 p.m. on July 4, and between 4:30 p.m. on December 31 and 12:30 a.m. on January 1. Permissible fireworks may not be discharged during any other time, except the City Council may approve, in advance of a special event, the discharge of permissible fireworks during such special event. When approving the discharge of fireworks for a special event, the City Council may impose any restrictions it deems advisable and in the public interest.
(C) It shall be unlawful to discharge fireworks of any kind in city-owned shelters or buildings.
(Prior Code, § 6-319) (Ord. 614, passed 9-7-1999; Ord. 769, passed 7-11-2017) Penalty, see § 93.99
HAZARDOUS MATERIALS AND EXPLOSIVES
(A) It shall be unlawful to store, use, purchase or sell any explosive materials or explosives within the city except when the State Fire Marshal has issued a valid permit therefor pursuant to the statutes of the state and the regulations of the State Fire Marshal.
(B) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLASTING AGENTS. Any material or mixture, consisting of fuel and oxidizer, intended for blasting, not otherwise defined as an explosive, but shall not include a finished product, ready for use or shipment, which cannot be detonated by means of a number eight test blasting cap when unconfined.
DETONATORS. Any device containing a detonating charge that is used for initiating detonation in an explosive, including, but not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses and detonating cord delay connectors.
EXPLOSIVE MATERIAL. Explosives, blasting agents and detonators.
EXPLOSIVES. Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion, including, but not limited to, dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, ignitor cord and ignitors, but shall not include permissible fireworks as defined elsewhere in this code, or gasoline, kerosene, naptha, turpentine, benzene, acetone, ethyl ether, benzol, fixed ammunition and primers for small arms, safety fuses or matches.
(Prior Code, § 7-301) Penalty, see § 93.99
Every person within the city retailing or purchasing at retail gasoline, benzene and other kindred high explosives, in less than commercial lots, shall sell or receive, as the case may be, the same only in barrels, casks, packages or cans of not more than five gallon capacity, painted vermillion red and having the word gasoline, benzene or whatever name such explosive is known by plainly printed thereon in English. All such words above referred to shall be in letters sufficiently large to attract attention. This section shall not prohibit the placement of gasoline in motor vehicle fuel tanks or bulk transport trucks.
(Prior Code, § 7-302)
No person shall deliver, purchase or keep for use kerosene or what is known as coal oil in any barrel, cask, package or can painted or stamped as provided for gasoline, benzene and other kindred high explosives.
(Prior Code, § 7-303) Penalty, see § 93.99
(A) The provisions of this subchapter shall not apply to bulk storage tanks of motor vehicle fuel retailers and wholesalers within the city where the same are now located. Any person, firm, partnership or corporation seeking to erect or install a petroleum storage facility for retail or wholesale use shall first apply in writing to the Mayor and Council of the city setting forth all specifications and details of the intended facility. The applicant may erect and install the facility only upon securing a written permit from the Mayor and Council. The permit, when initially issued, shall be temporary and shall be conditioned upon the written approval of the petroleum storage facility by the State Fire Marshal, such approval to be obtained and furnished to the Mayor and Council before the storage facility is used.
(B) Upon the furnishing of written approval and upon the meeting of any other safety requirements imposed by the Mayor and Council, and upon the furnishing of written approval by the State Fire Marshal to the Mayor and Council, the applicant shall then be allowed to store petroleum products in the facility. The Mayor and Council may at any time, when necessary, by resolution, order the removal of any petroleum products storage facility, when, in their discretion, the welfare of the inhabitants of the city demands that such action be taken.
(Prior Code, § 7-304)
(A) Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply or for each separate incident constituting a violation.
(B) Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.
(Prior Code, § 7-401) (Ord. 626, passed 4-3-2001; Ord. 658, passed 8-5-2003)