A. The term "fireworks" as used in this section, shall be defined as provided in Title 68 O.S. § 1622.
B. It is unlawful for any person to manufacture fireworks at any time within the city limits of Purcell.
C. It is unlawful to discharge, fire, explode, or ignite fireworks at any time within the Purcell city limits, except for municipally sanctioned events.
D. Fireworks may be authorized by the city in accordance with the city's fire prevention code. (Prior Code 1991, § 10-303)
E. Retail sales of fireworks is permitted within the city limits in commercial or agricultural zoned areas and only on either side of U.S. or State highways between June 15th until July 6th of each year.
F. All retail sales of fireworks in the Purcell city limits are subject to the laws and provisions in Title 68 O.S. § 1621 et seq., except as may be otherwise amended or modified by the Purcell City Council.
G. All retail firework sales facilities located in the city limits shall possess a city sales permit and Oklahoma sales tax permit that are in compliance with Title 68 O.S. § 1621 et seq. prior to the selling of any fireworks.
H. All distributors and sellers of fireworks within the Purcell city limits must obtain a city sales permit in the amount of $750.00 from the Code Enforcement office prior to June 15 of the current year. The permit fee includes a $250.00 refundable deposit that shall be refunded to the permit holder upon presentation of timely and accurate sales tax proceeds to the City Clerk as required by taxation provisions in Chapter 98 contained herein.
I. The Fire Marshal or his/her designee shall have the authority to close those firework stands that are found not to be in compliance with state and local laws. The policies concerning closure and compliance shall be determined by the Purcell Code Enforcement staff.
J. The front of all fireworks stands shall be fully exposed for ingress and egress to the public during hours of sales operations.
K. The city sales permit fee includes 3 site inspections as defined on the Fireworks Permit Application. A failure of the permit holder to be in compliance at the conclusion of the third site inspection will result in the permit holder receiving a written warning of compliance failure with written instructions to cure the failure to be in compliance and a deadline date and time for a fourth inspection. If the permit holder fails to comply with the written instructions, the permit holder will be assessed a compliance fee of $100.00. After the fourth inspection, the permit holder will be assessed a $100.00 inspection fee for every site inspection required to receive written approval to sell fireworks.
L. All $100.00 site inspection fees assessed shall be paid to the City of Purcell Code Enforcement Office prior to receiving written approval to sell fireworks.
M. Removal of stands. All temporary firework stands and structures for the sale of fireworks and related items must be taken down and/or removed from their location within 15 days after the authorized discharge date. The area wherein the stand or structure was located shall be returned to its prior condition by picking up all refuse pertaining to the operation of the fireworks stand or structure.
N. All locations for firework sales must be approved by the fire Marshal before a permit will be issued.
O. As prescribed by the Oklahoma State Fire Marshal, compliance with all state statutes is required; including all electrical wiring which must comply with the current national electric code.
P. The City of Purcell Fire Marshal, or his/her designee, will conduct the inspections of each permit site. The Fire Marshal's office shall follow all city and state laws and the State Fire Marshal's regulations and guidelines provided by the 2018 IFC fire code.
Q. A detailed site plan must accompany each application.
R. Violation of any law, ordinance, rule, regulation, or firework sales policy regarding fireworks will result in revocation of permit.
S. Incomplete applications will not be accepted.
(Code 1991, § 10-303; Ord. No. 08-06, § 1, 6-9-2008; Ord. No. 16-02, § I, 3-7-2016)
State Law reference—Fireworks, Title 68 O.S. § 1621 et seq.
HISTORY
Amended by Ord. 22-04 on 4/11/2022
Amended by Ord. 23-05 on 4/3/2023