(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms shall have the meaning set forth below and as they may be defined in the Ohio Fire Code and in R.C. § 3743.01.
1.3G FIREWORKS. Display fireworks consistent with regulations of the United States Department of Transportation as expressed using the designation “division 1.3” in 49 C.F.R.
1.4G FIREWORKS. Consumer fireworks, including fountain devices as defined in R.C. § 3743.01, consistent with regulations of the United States Department of Transportation as expressed using the designation “division 1.4” in 49 C.F.R.
FIREWORKS. Any composition or device prepared for the purpose of producing a visible or an audible effect by combustion, deflagration or detonation, except ordinary matches and except as provided in the Ohio Fire Code and the state statutes. FIREWORKS does not include hand-held wire sparklers, toy caps for use in toy pistols, toy canes and novelties, and trick noisemakers, not containing more than an average of 0.25 grains (16 milligrams) of explosive composition per cap; provided they are so constructed that the hand cannot come in contact with the cap when it is in place for explosion.
NOVELTIES and TRICK NOISEMAKERS. Include the following items: devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers and snappers; snakes or flow worms; smoke devices; and trick matches.
PARTY POPPER. A small plastic or paper item that contains not more than 16 milligrams of friction-sensitive explosive composition, that is ignited by pulling string protruding from the items and from which paper streamers are expelled when the item is ignited.
SMOKE DEVICE. A tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
SNAKE or GLOW WORM. A device that consists of a pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning, which ash expands in length as the pellet burns.
SNAPPER. A small, paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand, and that, when dropped, implodes.
TRICK MATCH. A kitchen or book match that is coated with a small quantity of explosive composition and that, upon ignition, produces a small report or a shower of sparks.
(B) No person shall possess fireworks in the village or shall possess for sale or sell fireworks in the village, except as specifically authorized by state law.
(C) No person shall discharge, ignite or explode any 1.4G fireworks in the village at any time.
(D) No person shall use in a theater or public hall what is technically known as fireworks showers, or a mixture containing potassium chlorate or sulfur.
(E) No person shall sell fireworks, sparklers, novelties or trick noisemakers of any kind to a person under 18 years of age.
(F) No person under 18 years of age shall discharge, ignite or explode novelties, trick noisemakers or sparklers of any kind unless in the company of a person of at least 18 years of age.
(G) No person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor or shipping permit holder, shall possess 1.3G fireworks. No person shall discharge, ignite or explode display fireworks (1.3G) without a state license and a permit issued by the Fire Department pursuant to § 901.07 of the Ohio Fire Code.
(H) No person shall negligently discharge, ignite or explode fireworks while in possession or control of or under the influence of, any intoxicating liquor, beer or controlled substance.
(Ord. O-29-2022, passed 6-19-2022) Penalty, see § 91.99
Statutory reference:
Related provisions, see Chapter 1301:7-7, Ohio Fire Code, O.A.C. Rule 1301:7-7-80 and O.A.C. Rule 1301:7-7-56