The presence of any fireworks within the jurisdiction of the city, in violation of this subchapter, is hereby declared to be a common and public nuisance. The Fire Marshal or other appointed representative is directed and required to seize and cause to be safely destroyed any fireworks found within the jurisdiction in violation of this subchapter, and any police officer of the city or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being transported illegally, and to seize and destroy any fireworks found stored illegally in any building in the city. Notwithstanding any penal provision of this chapter, the City Attorney is authorized to file suit on behalf of the city or the Fire Marshal or other appointed representative, or both, for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping, or use of fireworks within the jurisdiction of the city and to aid the Fire Marshal or appointed representative in the discharge of his or her duties and to particularly prevent any person from interfering with the seizure and destruction of such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to that seizure and destruction. The Fire Marshal or other appointed representative is hereby authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of fireworks.
(Ord. 244, passed 6-9-1981) Penalty, see § 93.99