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It shall be unlawful for any person, firm, partnership, or corporation to sell at retail, possess for sale at retail, give away, use, discharge, or cause to be discharged, consumer fireworks, and any other fireworks approved under the provisions of this article. Consumer fireworks may be sold at retail only between June 25 at 12:01 a.m. and July 4 at 11:59 p.m., and December 29 at 12:01 a.m. and December 31 at 11:59 p.m. each year and may be discharged only between 8:00 a.m. and 10:00 p.m. June 25 through July 3, and 8:00 a.m. through 11:59 p.m. July 4, and between 4:30 p.m. December 31 and 12:30 a.m. January 1. Provided, toy cap pistols and toy caps may be sold, given away, used, discharged, or caused to be discharged at any time. Provided, further, fireworks of any description are authorized for purposes of public exhibitions or displays as provided in this article, and public exhibition or displays under the auspices of any governmental subdivision of the state, and according to state law.
(Ord. 4255, passed 1-19-2021)
The following terms defined in this section shall have the meaning herein provided for purposes of § 8-1-29 of this subchapter.
CONSUMER FIREWORKS.
(1) Any device that meets the requirements set forth in 16 C.F.R. parts 1500 and 1507, as such regulations existed on January 1, 2021; and is tested and approved by a nationally recognized testing facility or by the State Fire Marshal.
(2) CONSUMER FIREWORKS does not include:
(a) Wire sparklers; and
(b) Fireworks that have been tested by the State Fire Marshal as a response to complaints and have been deemed unsafe.
(Ord. 4255, passed 1-19-2021; Ord. 4260, passed 6-21-2021)
A regulation by the State Fire Marshal adding fireworks to the list of permissible fireworks as authorized by the state statutes shall constitute prima facie evidence that the fireworks are safe for general use for purposes of this code of ordinances.
(Ord. 4255, passed 1-19-2021; Ord. 4260, passed 6-21-2021)
It shall be unlawful for any person, firm, partnership, or corporation to use, sell, offer for sale, or possess flying lantern-type devices. Flying lantern-type devices means devices that require a flame which produces heated air trapped in a balloon-type covering allowing the device to float in the air, as defined in Neb. RS 28-1255. Flying lantern-type devices shall not include hot-air balloons used for transporting persons.
(Ord. 4260, passed 6-21-2021)
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