A. Sale Within City Limits Prohibited Generally; Exceptions: The sale of fireworks at retail is prohibited except as fundraising projects for nonprofit groups of LeFlore County by special permit issued by the city clerk as required in this chapter.
B. Definition: The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances or matter prepared for the purpose of producing a visible or audible effect by combustion, explosion or detonation.
C. License, Permit Required: No nonprofit group shall possess for purpose of selling, sell or offer for sale any fireworks, without first obtaining a state license from the Oklahoma tax commission, notifying the Poteau fire chief of the location of their stand, and purchase special fireworks permit for nonprofit fundraising which requires proof of 501C-3 status and/or be a verifiable school or church fundraising function.
D. Sales; Temporary Stand: No nonprofit group shall sell, offer for sale, or display for sale, any fireworks within the city limits of the city of Poteau, except in a temporary open pavilion type of stand, at least one hundred feet (100') from any and all brick or masonry buildings or structures, and at least one hundred twenty five feet (125') from any and all wooden structures or buildings and at least two hundred feet (200') from any service station or fuel distributor.
E. Sales On Public Property: No nonprofit group shall sell, offer for sale or display for sale, any fireworks within the city limits of the city of Poteau on any public street, alley, road, right of way, or other public property, or railroad right of way.
F. Sales To Certain Persons: No nonprofit group shall sell, or offer for sale any fireworks within the city limits of the city of Poteau, to any child under the age of ten (10) years or to any intoxicated or incompetent person.
G. Igniting Fireworks: It shall be unlawful to explode or ignite fireworks within the city limits of the city of Poteau, within five hundred feet (500') of any church, hospital, nursing home, clinic, public school, house where an ill person is known to be confined, or within one city block of Dewey Avenue from the Eastern Oklahoma Medical Center to the LeFlore County Courthouse.
H. Authority Of Fire Chief; Rules And Regulations: The chief of the fire department shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the city, fair associations, amusement parks and other organizations, in accordance with the city's fire code.
I. Validity: If any part of this section shall be invalid or declared invalid, it shall not affect the validity of the remaining portion of this section.
J. Penalty: Any person, firm, corporation, or nonprofit group convicted of violating any portion of this section, shall pay a fine and costs not to exceed the sum of four hundred dollars ($400.00), and each sale of fireworks, in conflict with this section, shall constitute a separate offense. (Ord. 226, 5-7-2007)