(a) No person shall conduct an exhibition of fireworks in the City without first obtaining a permit therefor from the Fire Chief.
(b) The Fire Chief may adopt reasonable rules and regulations for the granting of permits for supervised public exhibitions of fireworks by fair associations, amusement parks and other organizations or groups of individuals. Such permits may be granted upon application to the Fire Chief, after approval of the Chief of Police and upon the filing of a bond by the applicant as provided in this section. Every fireworks display shall be handled by a competent operator approved by the Fire Chief and the Chief of Police and shall be of such composition and character, and so located, discharged or fired, as, in the opinion of the Fire Chief, after proper inspection, and of the Chief of Police, will not be hazardous to property and will not endanger any person. The Fire Chief and the Chief of Police may inspect the exhibition site immediately prior to the exhibition to determine if the exhibitor has complied with the rules, this chapter, Ohio R.C. Chapter 3743, and the rules adopted by the State Fire Marshal pursuant to Ohio R.C. Chapter 3743, and may revoke the permit for noncompliance.
(c) The Fire Chief shall require trenching for all fireworks projectiles which could cause injury, so as to sufficiently secure said fireworks in the ground.
(d) An application for a fireworks display permit shall be made in writing at least thirty days in advance of the date of the display. After a permit for a fireworks display has been granted, the sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No such permit shall be transferable. The Fire Chief and the Chief of Police shall not issue a permit until the applicant pays a permit fee of twenty-five dollars ($25.00), plus any necessary costs of investigation of the applicant and of inspecting the premises on which the exhibition will be conducted.
(e) The sale, possession, use and distribution of fireworks for exhibition purposes shall be conducted so as to be reasonably safe to persons and property. Evidence that the sale, possession, use and distribution of fireworks for exhibition purposes has been conducted in accordance with the applicable standard specified for this subsection in Appendix A of the B.O.C.A. National Fire Prevention Code, as adopted in Section 1302.02, shall be evidence that such sale, possession, use and distribution of fireworks for display purposes provide reasonable safety to persons and property.
(f) The Fire Chief may adopt reasonable rules and regulations for the use of model rockets. The design, construction and use of model rockets shall be reasonably safe to persons and property. Evidence that the design, construction and use of model rockets is in accordance with the applicable standard specified for this subsection in Appendix A of the B.O.C.A. National Fire Prevention Code, as adopted in Section 1302.02, shall be evidence that such design, construction and use provide reasonable safety to persons and property.
(g) The Fire Chief shall require a resolution adopted by Council permitting a person to transport, convey and bring into the City fireworks and fireworks sundries for the purpose of pyrotechnic displays.
(h) Before any permit for a pyrotechnic display is issued, the City shall be furnished a bond or liability insurance policy in the sum of three hundred thousand dollars ($300,000) for property damage for each accident, one million dollars ($1,000,000) for one person and three million dollars ($3,000,000) for more than one person, indemnifying and saving harmless the City, its officers and employees and the permittee from any and all liabilities, by reason of or arising from the issuance of such permit. All conduct relating to such pyrotechnic display shall be under the supervision of, and all actions, undertakings and conduct relating to such display shall be subject to the complete approval and supervision of the Fire Chief.
(i) Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way that is safe for the particular type of fireworks remaining.
(j) 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.
(k) 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 Ohio R.C. 3743.56.
(Ord. 140-87. Passed 6-15-87; Ord. 108-99. Passed 5-17-99.)