(A) It shall be unlawful for any person to manufacture, give away, sell, offer or expose for sale, or have in possession with intent to give away, sell or to use, discharge or cause to be discharged, ignited, fired or otherwise set in action, or to possess with the intent to discharge or cause to be discharged, ignited, fired or otherwise set in action within the limits of the city, any fireworks, firecrackers, rockets, sparklers, torpedoes, Roman candles, fire-balloons or other fireworks or substances of any combination whatsoever designed or intended for pyrotechnic display, except as hereinafter provided.
(B) Division (A) above shall not apply to the sale of any article or articles by wholesalers to each other, or to the sale of any article or articles at wholesale to merchants conducting business entirely without the city, or to the sale by wholesalers for private or public demonstrations as hereinafter provided, or to the storage of any article or articles by the wholesalers for private or public demonstrations as hereinafter provided, or to the storage of any article or articles by the wholesalers for any of those purposes, or to the sale, storage or use of colored flares or railroad track torpedoes or other transportation signaling devices or to the sale, storage or use of flashlight composition by photographers or dealers in photographic supplies, or to the sale, storage or use of blank cartridges for theatrical purposes or for signal purposes in athletic contests or sports events, for the use of any police organization or federal or state militia.
(C) Permits for the public or private display of fireworks may be issued by the Fire Chief; provided, a person desiring to display any fireworks shall apply in writing to the Fire Chief for a permit at least 15 days in advance of the date of the proposed display and shall set forth:
(1) The name of the organization sponsoring the display together with the names of the persons actually in charge of the firing of the display;
(2) The date and time of day at which the display is to be held;
(3) The exact location planned for the display;
(4) A description setting forth the age, and experience in the display of fireworks, of the persons who are to do the actual discharging of the fireworks;
(5) The number and kinds of fireworks to be discharged;
(6) The manner and place of storage of the fireworks prior to the display; and
(7) A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, telegraph, telephone or other overhead obstructions and trees located within 200 yards from the point at which the fireworks are to be discharged and the lines behind which the audience will be restrained. The permit shall not be granted unless the display shall be of a character and so located, discharged or fired as in the opinion of the Fire Chief, after proper study of the application and proper inspection of the proposed premises, shall not be hazardous to property or endangering to any person.
(D) The Fire Chief shall have the right to be present at the discharge of any public or private display of fireworks for which a permit has been issued hereunder and shall have the right to cause the same to be stopped unless it is conducted in strict accordance with the statements made in the application for the permit.
(E) This chapter shall be in full force and effect from and after its final passage, approval, recording and publication as provided by law.
(Ord. passed 3-17-1987) Penalty, see § 93.99