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(a) Upon application to the Sheriff of the County or Safety Director or Police Chief of the Municipality where the applicant resides or has the applicant’s principal place of business, and upon payment of the fee specified in division (b) of this section, a license or temporary permit shall be issued to qualified applicants to acquire, possess, carry or use a dangerous ordnance for the following purposes:
(1) Contractors, wreckers, quarriers, mine operators and other persons regularly employing explosives in the course of a legitimate business, with respect to explosives and explosive devices acquired, possessed, carried or used in the course of such business.
(2) Farmers, with respect to explosives and explosive devices acquired, possessed, carried or used for agricultural purposes on lands farmed by them.
(3) Scientists, engineers, and instructors, with respect to a dangerous ordnance acquired, possessed, carried or used in the course of bona fide research or instruction.
(4) Financial institutions and armored car company guards, with respect to automatic firearms lawfully acquired, possessed, carried or used by any such person while acting within the scope of the person’s duties.
(5) In the discretion of the issuing authority, any responsible person, with respect to a dangerous ordnance lawfully acquired, possessed, carried or used for a legitimate research, scientific, educational, industrial or other proper purpose.
(b) Application for a license or temporary permit under this section shall be in writing under oath to the Sheriff of the County or Safety Director or Police Chief of the Municipality where the applicant resides or has the applicant’s principal place of business. The application shall be accompanied by an application fee of fifty dollars ($50.00) when the application is for a license, and an application fee of five dollars ($5.00) when the application is for a temporary permit. The fees shall be paid into the general revenue fund of the County or Municipality. The application shall contain the following information:
(1) The name, age, address, occupation and business address of the applicant, if the applicant is a natural person, or the name, address, and principal place of business of the applicant if the applicant is a corporation.
(2) A description of the dangerous ordnance for which a permit is requested.
(3) A description of the places where and the manner in which the dangerous ordnance is to be kept, carried, and used.
(4) A statement of the purposes for which the dangerous ordnance is to be acquired, possessed, carried or used.
(5) Such other information as the issuing authority may require in giving effect to this section.
(c) Upon investigation, the issuing authority shall issue a license or temporary permit only if all of the following apply:
(1) The applicant is not otherwise prohibited by law from acquiring, having, carrying or using a dangerous ordnance.
(2) The applicant is 21 years of age or over, if the applicant is a natural person.
(3) It appears that the applicant has sufficient competence to safely acquire, possess, carry or use the dangerous ordnance, and that proper precautions will be taken to protect the security of the dangerous ordnance and ensure the safety of persons and property.
(4) It appears that the dangerous ordnance will be lawfully acquired, possessed, carried and used by the applicant for a legitimate purpose.
(d) The license or temporary permit shall identify the person to whom it is issued, identify the dangerous ordnance involved and state the purposes for which the license or temporary permit is issued, state the expiration date, if any, and list such restrictions on the acquisition, possession, carriage, or use of the dangerous ordnance as the issuing authority considers advisable to protect the security of the dangerous ordnance and ensure the safety of persons and property.
(e) A temporary permit shall be issued for the casual use of explosives and explosive devices, and other consumable dangerous ordnance, and shall expire within 30 days of its issuance. A license shall be issued for the regular use of consumable dangerous ordnance, or for any non-consumable dangerous ordnance, which license need not specify an expiration date, but the issuing authority may specify such expiration date, not earlier than one year from the date of issuance, as it considers advisable in view of the nature of the dangerous ordnance and the purposes for which the license is issued.
(f) The dangerous ordnance specified in a license or temporary permit may be obtained by the holder anywhere in the State. Pursuant to Ohio R.C. 2923.18(F), the holder of a license may use such dangerous ordnance anywhere in the State. The holder of a temporary permit may use such dangerous ordnance only within the territorial jurisdiction of the issuing authority.
(g) The issuing authority shall forward to the State Fire Marshal a copy of each license or temporary permit issued pursuant to this section, and a copy of each record of a transaction in a dangerous ordnance and of each report of a lost or stolen dangerous ordnance, given to the local law enforcement authority as required by R.C. § 2923.20(A)(6) and (A)(7) or a substantially equivalent municipal ordinance. The State Fire Marshal will keep a permanent file of all licenses and temporary permits issued pursuant to this section, and of all records of transactions in, and losses or thefts of a dangerous ordnance forwarded by local law enforcement authorities pursuant to this section.
(R.C. § 2923.18)
(a) No person, in acquiring, possessing, carrying, or using any dangerous ordnance, shall negligently fail to take proper precautions:
(1) To secure the dangerous ordnance against theft, or against its acquisition or use by any unauthorized or incompetent person.
(2) To insure the safety of persons and property.
(b) Whoever violates this section is guilty of failure to a secure dangerous ordnance, a misdemeanor of the second degree.
(ORC 2923.19)
(a) No person shall do any of the following:
(1) Recklessly sell, lend, give or furnish any firearm to any person prohibited by R.C. § 2923.13 or 2923.15, or a substantially equivalent municipal ordinance, from acquiring or using any firearm, or recklessly sell, lend, give or furnish any dangerous ordnance to any person prohibited by R.C. § 2923.13, 2923.15 or 2923.17, or a substantially equivalent municipal ordinance, from acquiring or using any dangerous ordnance;
(2) Possess any firearm or dangerous ordnance with purpose to dispose of it in violation of division (a)(1) of this section;
(3) Except as otherwise provided in division (b) of this section, knowingly solicit, persuade, encourage, or entice a federally licensed firearms dealer or private seller to transfer a firearm or ammunition to any person in a manner prohibited by state or federal law;
(4) Except as otherwise provided in division (b) of this section, with an intent to deceive, knowingly provide materially false information to a federally licensed firearms dealer or private seller;
(5) Except as otherwise provided in division (b) of this section, knowingly procure, solicit, persuade, encourage, or entice a person to act in violation of division (a)(3) or (a)(4) of this section;
(6) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit the identification, license or permit showing the transferee to be authorized to acquire dangerous ordnance pursuant to R.C. § 2923.17, or negligently fail to take a complete record of the transaction and forthwith forward a copy of the record to the Sheriff of the county or Safety Director or Police Chief of the municipality where the transaction takes place;
(7) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person’s possession and under his or her control.
(b) Divisions (a)(3), (a)(4), and (a)(5) of this section do not apply to any of the following:
(1) A law enforcement officer who is acting within the scope of the officer’s duties;
(2) A person who is acting in accordance with directions given by a law enforcement officer described in division (b)(1) of this section.
(c) Whoever violates this section is guilty of unlawful transactions in weapons. A violation of division (a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) of this section is a felony to be prosecuted under appropriate state law. A violation of division (a)(6) of this section is a misdemeanor of the second degree. A violation of division (a)(7) of this section is a misdemeanor of the fourth degree.
(d) As used in this section:
(1) “Ammunition.” Has the same meaning as in R.C. § 2305.401.
(2) “Federally licensed firearms dealer.” Has the same meaning as in R.C. § 5502.63.
(3) “Materially false information.” Means information regarding the transfer of a firearm or ammunition that portrays an illegal transaction as legal or a legal transaction as illegal.
(4) “Private seller.” Means a person who sells, offers for sale, or transfers a firearm or ammunition and who is not a federally licensed firearms dealer.
(R. C. § 2923.20)
(a) No person under 18 years of age shall purchase or attempt to purchase a firearm.
(b) No person under 21 years of age shall purchase or attempt to purchase a handgun; provided, that this division does not apply to the purchase or attempted purchase of a handgun by a person 18 years of age or older and under 21 years of age, if either of the following applies:
(1) The person is a law enforcement officer and has received firearms training approved by the Ohio Peace Officer Training Council or equivalent firearms training.
(2) The person is an active or reserve member of the armed services of the United States or the Ohio National Guard, or was honorably discharged from military service in the active or reserve armed services of the United States or the Ohio National Guard, and the person has received firearms training from the armed services or the national guard or equivalent firearms training.
(c) Whoever violates division (a) of this section is guilty of underage purchase of a firearm, a delinquent act that would be a felony to be prosecuted under appropriate State law if it could be committed by an adult. Whoever violates division (b) of this section is guilty of underage purchase of a handgun, a misdemeanor of the second degree.
(ORC 2923.211)
(a) No person shall hunt any game animal or game bird within the City, except that bow hunting shall be permitted as prescribed by State law. This subsection shall not be construed to prohibit any landowner or his or her agent from destroying varmints or other crop-destroying animals, nor to restrict trapping in the City with the written permission of the landowner.
(b) No person shall discharge a cannon, rifle, shotgun, revolver, pistol or firearm of any other type within the City limits. The provisions of this division (b) shall not apply in the following instances:
(1) At a funeral for military personnel, veterans or police officers, by a properly supervised group.
(2) At a celebration of any City, State or national holiday, by an active State or United States military group or veterans group or by police enforcement personnel, or at the celebration of a City festival, for display or re-enactment purposes, by persons and in a manner authorized by the Chief of Police.
(3) To members of any United States military unit when engaged in drilling or target practice under the command or direction of an authorized person thereof.
(4) To the use of firearms by members of the Police Division in the lawful discharge of their duties.
(5) To the use of firearms when used in the lawful defense of persons or property, and in a manner consistent with subsection (a) hereof, including, but not limited to, the use of carbide cannons for regular agricultural use.
(6) To indoor firing ranges when approved in writing by the Chief of Police, which approval shall be granted or denied based upon standards prepared by the Chief of Police and posted for public notice in the same manner as adopted and approved legislation. Such standards shall be consistent with safety practices for firing ranges generally accepted by law enforcement agencies.
(c) Whoever violates this section, or rules promulgated hereunder, is guilty of a minor misdemeanor.
(Ord. 7-1996. Passed 3-11-96.)
(a) Definitions. As used in this section, unless otherwise provided:
(1) "1.3G fireworks." Display fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation "Division 1.3" in Title 49 of the Code of Federal Regulations.
(2) "1.4G fireworks." Consumer fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation "Division 1.4" in Title 49 of the Code of Federal Regulations.
(3) "Beer" and "intoxicating liquor." Have the same meaning as in R.C. § 4301.01.
(4) "Booby trap." A small tube that has a string prottuding from both ends that has a friction-sensitive composition and that is ignited by pulling the ends of the string.
(5) "Cigarette load." A small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.
(6) "Controlled substance." Has the same meaning as in R.C. § 3719.01.
(7) "Discharge site." An area immediately surrounding the mortars used to fire aerial shells.
(8) "Fireworks." 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 R.C. § 3743.80.
(9) "Fireworks incident." Any action or omission that occurs at a fireworks exhibition that results in injury or death, or a substantial risk of injury or death, to any person, and that involves either of the following:
A. The handling or other use, or the results of the handling or other use, of fireworks or associated equipment or other materials;
B. The failure of any person to comply with any applicable requirement imposed by this section or R.C. Chapter 3743, or any applicable rule adopted under this section or R.C. Chapter 3743.
(10) "Fireworks incident site." A discharge site or other location at a fireworks exhibition where a fireworks incident occurs, a location where an injury or death associated with a fireworks incident occurs, or a location where evidence of a fireworks incident or an injury or death associated with a fireworks incident is found.
(11) "Fireworks plant." All buildings and other structures in which the manufacturing of fireworks, or the storage or sale of manufactured fireworks by a manufacturer, takes place.
(12) "Fountain device" means a specific type of 1.40 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 75 grams of the nonexplosive pyrotechnic mixture in any individual tube and not more than 500 grams or less for multiple tubes.
(13) "Highway." Any public street, road, alley, way, lane or other public thoroughfare.
(14) "Licensed building." A building on the licensed premises of a licensed manufacturer or wholesaler of fireworks that is approved for occupancy by the building official having jurisdiction.
(15) "Licensed exhibitor of fireworks" or "licensed exhibitor." A person licensed pursuant to R.C. §§ 3743.50 through 3743.55.
(16) "Licensed fountain device retailer" or "licensed retailer" means a person licensed pursuant to R.C. § 3743.27.
(17) "Licensed manufacturer of fireworks" or "licensed manufacturer." A person licensed pursuant to R.C. §§ 3743.02 through 3743.08.
(18) "Licensed premises." The real estate upon which a licensed manufacturer or wholesaler of fireworks conducts business.
(19) "Licensed wholesaler of fireworks" or "licensed wholesaler." A person licensed pursuant to R.C. §§ 3743.15 through 3743.21.
(20) "List of licensed exhibitors." The list required by R.C. § 3743.5 l(C).
(21) "List of licensed manufacturers." The list required by R.C. § 3743.03(C).
(22) "List of licensed wholesalers." The list required by R.C. § 3743.16(C).
(23) "Manufacturing of fireworks." The making of fireworks from raw materials, none of which in and of themselves constitute fireworks, or the processing of fireworks.
(24) "Navigable waters." Any body of water susceptible of being used in its ordinary condition as a highway of commerce over which trade and travel is or may be conducted in the customary modes, but does not include a body of water that is not capable of navigation by barges, tugboats, and other large vessels.
(25) "Novelties" and "trick noisemakers."
A. Devices that produce a small report intended to surprise the user, including but not limited to booby traps, cigarette loads, party poppers, and snappers;
B. Snakes or glow worms;
C. Smoke devices;
D. Trick matches.
(26) "Party popper." A small plastic or paper item that contains not more than 16 milligrams of friction-sensitive explosive composition that is ignited by pulling a string protruding from the item, and from which paper streamers are expelled when the item is ignited.
(27) "Processing of fireworks." The making of fireworks from materials all or part of which in and of themselves constitute fireworks, but does not include the mere packaging or repackaging of fireworks.
(28) "Railroad." Any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs, and sidings installed and primarily used in serving a mine, quarry or plant.
(29) "Retail sale" or "sell at retail." A sale of fireworks to a purchaser who intends to use the fireworks and not to resell them.
(30) "Smoke device." A tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(31) "Snake" or "glow worm." A device that consists of a pressed pellet of pyrotechnic composition that produces a large snake-like ash upon burning, which ash expands in length as the pellet burns.
(32) "Snapper." A small paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand and that, when dropped, implodes.
(33) "Storage location." A single parcel or contiguous parcels of real estate approved by the Fire Marshal pursuant to R.C. § 3743.04(I) or R.C. § 3743.17(G) that are separate from a licensed premises containing a retail showroom, and which parcel or parcels a licensed manufacturer or wholesaler of fireworks may use only for the distribution, possession, and storage of fireworks in accordance with this chapter.
(34) "Trick match." A kitchen or book match that is coated with a small quantity of explosive composition and that, upon ignition, produces a small report or a shower of sparks.
(35) "Wholesale sale" or "sell at wholesale." A sale of fireworks to a purchaser who intends to resell the fireworks so purchased.
(36) "Wire sparkler." A sparkler consisting of a wire or stick coated with a nonexplosive pyrotechnic mixture that produces a shower of sparks upon ignition and that contains no more than 100 grams of this mixture.
(b) Manufacturing.
(1) No licensed manufacturer of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.05 or the requirements of R.C. § 3743.06.
(2) No licensed manufacturer of fireworks shall fail to maintain complete inventory, wholesale sale and retail records as required by R.C. § 3743.07, or to permit an inspection of these records or the premises of a fireworks plant or the wholesaler pursuant to R.C. § 3743.08.
(3) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to R.C. § 3743.08(B)(1) within the specified period of time.
(4) No licensed manufacturer of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to R.C. § 3743.08(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied or the 72 hour period specified in those divisions has expired, whichever occurs first.
(5) No person shall smoke or shall carry a pipe, cigarette, or cigar, or a match, lighter, other flame-producing item, or open flame on, or shall carry a concealed source of ignition into, the premises of a fireworks plant, except as smoking is authorized in specified lunchrooms or restrooms by a manufacturer pursuant to R.C. § 3743.06(C).
(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises of a fireworks plant.
(7) No licensed manufacturer of fireworks shall negligently fail to furnish a safety pamphlet to a purchaser of 1.4G fireworks pursuant to R.C. § 3743.47(A).
(8) No licensed manufacturer of fireworks shall negligently fail to have safety glasses available for sale pursuant to R.C. § 3743.47(B).
(c) Wholesaling.
(1) No licensed wholesaler of fireworks shall knowingly fail to comply with the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.18 or the requirements of R.C. § 3743.19.
(2) No licensed wholesaler of fireworks shall fail to maintain complete inventory, wholesale sale and retail records as required by R.C. § 3743.20, or to permit an inspection of these records or the premises of a fireworks plant or the wholesaler pursuant to R.C. § 3743.21.
(3) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to R.C. § 3743.21(B)(1) within the specified period of time.
(4) No licensed wholesaler of fireworks shall fail to comply with an order of the State Fire Marshal issued pursuant to R.C. § 3743.21(B)(2) until the nonconformities are eliminated, corrected or otherwise remedied or the 72 hour period specified in those divisions has expired, whichever occurs first.
(5) No person shall smoke or shall carry a pipe, cigarette, or cigar, or a match, lighter, other flame-producing item, or open flame on, or shall carry a concealed source of ignition into, the premises of a wholesaler of fireworks, except as smoking is authorized in specified lunchrooms or restrooms by a wholesaler pursuant to R.C. § 3743.19(D).
(6) No person shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises of a wholesaler of fireworks.
(7) No licensed wholesaler of fireworks shall negligently fail to furnish a safety pamphlet to a purchaser of 1.4G fireworks as required by R.C. § 3743.47.
(8) No licensed wholesaler of fireworks shall negligently fail to have safety glasses available for sale as required by R.C. § 3743.47(B).
(d) Fountain Device Retailing.
(1) No licensed fountain device retailer shall knowingly fail to comply with the license requirements and rules adopted by the State Fire Marshal pursuant to R.C. § 3743.26 and R.C. § 3743.27.
(2) No licensed fountain device retailer shall fail to comply with the storage of fireworks and business operation requirements under R.C. § 3743.28.
(3) No licensed fountain device retailer shall negligently fail to furnish a safety pamphlet to a purchaser of 1.4G fireworks as required by R.C. § 3743.47.
(4) No licensed wholesaler of fireworks shall negligently fail to have safety glasses available for sale as required by R.C. § 3743.47(B).
(e) Purchasing and Transporting In State.
(1) No person who purchases fireworks in this state shall obtain possession of the fireworks in this state unless the person complies with R.C. §§ 3743.44 through 3743.46.
(2) Except for purchases of 1.4G fireworks made under R.C. § 3743.45, no person who purchases fireworks in this state shall obtain possession of fireworks in this state other than from a licensed manufacturer or wholesaler, or fail, when transporting 1.3G fireworks, to transport them directly out of this state within 72 hours after the time of their purchase.
(3) No person who purchases fireworks in this state under R.C. § 3743.45 shall give or sell to any other person in this state fireworks that the person has acquired in this state.
(f) Sales to Residents Out of State.
(1) Except as otherwise provided in R.C. §§ 3743.44 or 3743.45, no licensed manufacturer or licensed wholesaler shall sell fireworks to a person who resides in another state unless one of the following applies:
A. The person has been issued a license or permit in the state of the person's residence that authorizes the person to engage in the manufacture, wholesale sale, or retail sale of fireworks in that state or that authorizes the person to conduct fireworks exhibitions in that state and that person presents a certified copy of the license.
B. If the person does not possess a license or permit, the person presents a current, valid motor vehicle operator's license issued to the person in the person's state of residence.
C. If the person does not possess a license or permit issued in that state, the person presents an identification card issued to the person by a governmental agency in the person's state of residence indicating that the person is a resident of that state.
(2) If a person who is required to present a motor vehicle operator's license or other identification card intends to transport the fireworks purchased directly out of this state by a motor vehicle and the person will not also be the operator of that motor vehicle while so transporting the fireworks, the operator of the motor vehicle also shall present the operator's motor vehicle operator's license.
(g) Prohibited Activities by Exhibitors.
(1) An exhibitor of fireworks licensed under R.C. §§ 3743.50 through 3743.55 who wishes to conduct a public fireworks exhibition shall apply for approval to conduct the exhibition to the Fire Chief or fire prevention officer and to the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, having jurisdiction over the premises.
(2) The approval required by division (g)(1) of this section shall be evidenced by the Fire Chief or fire prevention officer and by the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or similar chief law enforcement officer, signing a permit for the exhibition. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the State Fire Marshal or, if available, from the Fire Chief, a fire prevention officer, the Police Chief or other similar chief law enforcement officer, or a designee of the Police Chief or other similar chief law enforcement officer.
(3) Before a permit is signed and issued to a licensed exhibitor of fireworks, the Fire Chief or fire prevention officer, in consultation with the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks. Each applicant shall show his or her license as an exhibitor of fireworks to the Fire Chief or fire prevention officer.
(4) The Fire Chief or fire prevention officer and the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, shall give approval to conduct a public fireworks exhibition only if satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.53(B) and (E) and that the applicant is, in fact, a licensed exhibitor of fireworks. The Fire Chief or fire prevention officer, in consultation with the Police Chief or other similar chief law enforcement officer or with the designee of the Police Chief or other similar chief law enforcement officer, may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke a permit for noncompliance with the rules.
(5) If the Council has prescribed a fee for the issuance of a permit for a public fireworks exhibition, the Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or their designee, shall not issue a permit until the exhibitor pays the requisite fee.
(6) Each exhibitor shall provide an indemnity bond in the amount of at least one million dollars ($1,000,000) with surety satisfactory to the Fire Chief or fire prevention officer and to the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death, or loss to person or property emanating from the fireworks exhibitor, or proof of insurance coverage of at least one million dollars ($1,000,000) for liability arising from injury, death, or loss of persons or property emanating from the fireworks exhibition. The Council may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this division. The Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or their designee, shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this division or by the Council.
(7) Each permit for a fireworks exhibition issued by the Fire Chief or fire prevention officer and by the Police Chief or other similar chief law enforcement officer, or the designee of the Police Chief or other similar chief law enforcement officer, shall contain a distinct number, designate the municipality, and identify the certified fire safety inspector, Fire Chief, or fire prevention officer who will be present before, during and after the exhibition, where appropriate. A copy of each permit issued shall be forwarded by the Fire Chief or fire prevention officer and by the Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, issuing it to the State Fire Marshal. A permit is not transferable or assignable.
(8) The Fire Chief or fire prevention officer and Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, shall keep a record of issued permits for fireworks exhibitions. In this list, the Fire Chief, fire prevention officer, Police Chief or other similar chief law enforcement officer, or designee of the Police Chief or other similar chief law enforcement officer, shall list the name of the exhibitor, his or her license number, the premises on which the exhibition will be conducted, the date and time of the exhibition, and the number and political subdivision designation of the permit issued to the exhibitor for the exhibition.
(9) The Council shall require that a certified fire safety inspector, Fire Chief or fire prevention officer be present before, during and after the exhibition, and shall require the certified fire safety inspector, Fire Chief or fire prevention officer to inspect the premises where the exhibition is to take place and determine whether the exhibition is in compliance with this section and R.C. Chapter 3743.
(10) No licensed exhibitor of fireworks shall fail to comply with the applicable requirements of the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.53(B) and (E) or to comply with R.C. § 3743.53(C) and (D).
(11) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to R.C. § 3743.54 or a substantially similar municipal ordinance, or if a permit so secured is revoked by a Fire Chief or fire prevention officer, in consultation with a Police Chief or other similar chief law enforcement officer, or with a designee of a Police Chief or other similar chief law enforcement officer, pursuant to those sections.
(12) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with R.C. §§ 3743.54 and 3743.55, or a substantially similar municipal ordinance.
(13) No licensed exhibitor of fireworks or other person associated with the conduct of a fireworks exhibition shall have possession or control of, or be under the influence of, any intoxicating liquor, beer, or controlled substance while on the premises on which the exhibition is being conducted.
(14) No licensed exhibitor of fireworks shall permit an employee to assist the licensed exhibitor in conducting fireworks exhibitions unless the employee is registered with the State Fire Marshal under R.C. § 3743.56.
(h) Possession, Sale, Discharge and Advertising; Falsification.
(1) No person shall possess fireworks in this municipality or shall possess for sale or sell fireworks in this municipality, except a licensed manufacturer of fireworks as authorized by R.C. §§ 3743.02 through 3743.08, a licensed wholesaler of fireworks as authorized by R.C. §§ 3743.15 through 3743.21, a shipping permit holder as authorized by R.C. § 3743.40, a licensed fountain device retailer as authorized by R.C. § 3743.27, a person as authorized by R.C. Chapter 3743 and R.C. § 3743.45, or a licensed exhibitor of fireworks as authorized by R.C. §§ 3743.50 through 3743.55, or as authorized by any municipal ordinance that is substantially similar to any of these statutes, and except as provided in R.C. § 3743.80 or a substantially similar municipal ordinance.
(2) Except as provided in R.C. § 3743.80 and R.C. § 3743.45 or a substantially similar municipal ordinance, and except for licensed exhibitors of 1.4G fireworks authorized to conduct a fireworks exhibition until midnight on the dates listed in accordance with R.C. § 3743.45(B), no person shall discharge, ignite, or explode any fireworks in this municipality.
(3) No person shall use in a theater or public hall what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulphur.
(4) No person shall sell fireworks of any kind to a person under 18 years of age. No person under 18 years of age shall enter a fireworks sales showroom unless that person is accompanied by a parent, legal guardian, or other responsible adult. No person under 18 years of age shall touch or possess fireworks on a licensed premises without the consent of the licensee. A licensee may eject any person from a licensed premises that is in any way disruptive to the safe operation of the premises.
(5) Except as otherwise provided in R.C. § 3743.44, no person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder shall possess 1.3G fireworks in this municipality.
(6) No person shall negligently discharge, ignite, or explode fireworks while in possession or control of, or under the influence of, any intoxicating liquor, beer, or controlled substance.
(7) No person shall negligently discharge, ignite, or explode fireworks on the property of another person without that person's permission to use fireworks on that property.
(i) Shipping.
(1) No person shall transport fireworks in this municipality except in accordance with the rules adopted by the State Fire Marshal pursuant to R.C. § 3743.58.
(2) As used in this division, "fireworks" includes only 1.3G and 1.4G fireworks. No person shall ship fireworks into this municipality by mail, parcel post, or common carrier unless the person possesses a valid shipping permit issued under R.C. § 3743.40, and the fireworks are shipped directly to the holder of a license issued under R.C. §§ 3743.03, 3743.16 or 3743.51.
(3) No person shall ship fireworks within this municipality by mail, parcel post, or common carrier unless the fireworks are shipped directly to the holder of a license issued under R.C. §§ 3743.01, 3743.16 or 3743.51.
(j) Exceptions. This section does not prohibit or apply to the following:
(1) The manufacture, sale, possession, transportation, storage, or use in emergency situations of pyrotechnic signaling devices and distress signals for marine, aviation, or highway use;
(2) The manufacture, sale, possession, transportation, storage or use of fuses, torpedoes, or other signals necessary for the safe operation of railroads;
(3) The manufacture, sale, possession, transportation, storage or use of blank cartridges in connection with theaters or shows, or in connection with athletics as signals for ceremonial purposes;
(4) The manufacture for, the transportation, storage, possession or use by, or the sale to the armed forces of the United States and the militia of this state of pyrotechnic devices;
(5) The manufacture, sale, possession, transportation, storage or use of toy pistols, toy canes, toy guns, or other devices in which paper or plastic caps containing 0.25 grains or less of explosive material are used, provided that they are constructed so that a hand cannot come into contact with a cap when it is in place for explosion, or apply to the manufacture, sale, possession, transportation, storage or use of those caps;
(6) The manufacture, sale, possession, transportation, storage or use of novelties and trick noisemakers, auto burglar alarms, or model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models;
(7) The manufacture, sale, possession, transportation, storage or use of wire sprinklers.
(8) The conduct of radio-controlled special effect exhibitions that use an explosive black powder charge of not more than one-quarter pound per charge, and that are not connected in any manner to propellant charges; provided, that the exhibition complies with all of the following:
A. No explosive aerial display is conducted in the exhibition;
B. The exhibition is separated from spectators by not less than 200 feet;
C. The person conducting the exhibition complies with regulations of the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury and the United States Department of Transportation with respect to the storage and transport of the explosive black powder used in the exhibition.
(k) Forfeiture and Disposal. Fireworks manufactured, sold, possessed, transported, or used in violation of this section shall be forfeited by the offender. The Fire Marshal's office or certified fire safety inspector's office shall dispose of seized fireworks pursuant to the procedures specified in R.C. §§ 2981.11 to 2981.13 for the disposal of forfeited property by law enforcement agencies, and the Fire Marshal or that office is not liable for claims for the loss of or damages to the seized fireworks.
(l) Penalty.
(1) Except as otherwise provided in division (l)(2) or (l)(3) of this section, whoever violates any provisions of this section is guilty of a misdemeanor of the first degree.
(2) If the offender previously has been convicted of or pleaded guilty to a violation of R.C. § 3743.60(I) or R.C. § 3743.61(I), or a substantially similar municipal ordinance, a violation of division (b)(5) of this section or division (c)(5) of this section is a felony to be prosecuted under appropriate state law.
(3) Whoever violates division (g)(10) of this section is guilty of a misdemeanor of the first degree. In addition to any other penalties that may be imposed on a licensed exhibitor of fireworks under this division and unless the third sentence of this division applies, the person's license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be suspended, and the person is ineligible to apply for either type of license, for a period of five years. If the violation of division (g)(10) of this section results in serious physical harm to persons or serious physical harm to property, the person's license as an exhibitor of fireworks or as an assistant exhibitor of fireworks shall be revoked, and that person is ineligible to apply for a license as or to be licensed as an exhibitor of fireworks or as an assistant exhibitor of fireworks in this state.
(4) Whoever violates division (h)(6) of this section is guilty of a misdemeanor of the first degree.
(5) Whoever violates division (d)(3) or (d)(4) of this section, or division (b)(7) or (b)(8) of this section, or division (c)(7) or (c)(8) of this section is guilty of a misdemeanor of the second degree.
(6) Whoever violates division (h)(7) of this section is guilty of a minor misdemeanor.
(Ord. 50-2022. Passed 6-13-22.)
Statutory reference:
Fireworks definitions, see R.C. § 3743.01
Fountain device retailer licenses, see R.C. § 3743.26
Fountain device retailer operations, see R.C. § 3743.27
Rules for fountain device retailers, see R.C. § 3743.28
Fireworks sales to out-of-state residents, see R.C. § 3743.46
Public fireworks exhibitions - additional license categories, see R.C. § 3743.54
Prohibitions, see R.C. § 3743.60
Wholesaler restrictions, see R.C. § 3743.61
Purchaser restrictions, see R.C. § 3743.63
Fireworks exhibitions and exhibitors - prohibited activities, see R.C. § 3743.64
Possession, sale, and use restrictions, see R.C. § 3743.65
Limiting shipping or transporting, see R.C. § 3743.66
Violators, see R.C. § 3743.68
Exemptions, see R.C. § 3743.80
Penalty, see R.C. § 3743.99
(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Air gun." A hand pistol or rifle that propels its projectile by means of releasing compressed air, carbon dioxide, or other gas.
(2) "Airport operational surface." Any surface of land or water that is developed, posted, or marked so as to give an observer reasonable notice that the surface is designed and developed for the purpose of storing, parking, taxiing, or operating aircraft, or any surface of land or water that is actually being used for any of those purposes.
(3) "Firearm." Has the same meaning as in Ohio R.C. 2923.11.
(4) "Spring-operated gun." A hand pistol or rifle that propels a projectile not less than four or more than five millimeters in diameter by means of a spring.
(b) No person shall do either of the following:
(1) Knowingly throw an object at, or drop an object upon, any moving aircraft.
(2) Knowingly shoot with a bow and arrow, or knowingly discharge a firearm, air gun, or spring-operated gun, at or toward any aircraft.
(c) No person shall knowingly or recklessly shoot with a bow and arrow, or shall knowingly or recklessly discharge a firearm, air gun, or spring-operated gun, upon or over any airport operational surface. This division does not apply to the following:
(1) An officer, agent, or employee of this or any other state or of the United States, or a law enforcement officer, authorized to discharge firearms and acting within the scope of his or her duties.
(2) A person who, with the consent of the owner or operator of the airport operational surface or the authorized agent of either, is lawfully engaged in any hunting or sporting activity or is otherwise lawfully discharging a firearm.
(d) Whoever violates division (b) of this section is guilty of endangering aircraft, a misdemeanor of the first degree. If the violation creates any risk of physical harm to any person, or if the aircraft that is the subject of the violation is occupied, endangering aircraft is a felony to be prosecuted under appropriate State law.
(e) Whoever violates division (c) of this section is guilty of endangering airport operations, a misdemeanor of the second degree. If the violation creates a risk of physical harm to any person or substantial risk of serious harm to any person, endangering airport operations is a felony to be prosecuted under appropriate State law. In addition to any other penalty or sanction imposed for the violation, the hunting license or permit of a person who violates division (c) of this section while hunting shall be suspended or revoked pursuant to Ohio R.C. 1533.68.
(ORC 2909.08(A) - (E))
(a) No person shall possess or have under his or her control any substance, device, instrument, or article, with purpose to use it criminally.
(b) Each of the following constitutes prima facie evidence of criminal purpose:
(1) Possession or control of any dangerous ordnance, or the materials or parts for making a dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials or parts are intended for a legitimate use.
(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use.
(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.
(c) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony to be prosecuted under appropriate State law.
(ORC 2923.24)
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