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The following are exempted form the prohibitions of this chapter:
(A) Toy pistols, toy canes, toy guns, or other devices that use paper or plastic caps manufactured in accordance with 49 C.F.R. § 173.100(p)(1983), any amendments thereto and that are packed and shipped according to the regulations of the United States Department of Transportation;
(B) Model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models;
(C) Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and potassium nitrate;
(D) Novelties and trick noisemakers;
(E) The sale, and use in emergency situations, of pyrotechnic signaling devices or distress signals for aviation or highway use;
(F) The use of fuses and railway torpedoes by railroads;
(G) The sale of blank cartridges for use in radio, television, film, or theater productions or for signal or ceremonial purposes in athletic events; or
(H) The use of any pyrotechnic device by military organizations or law enforcement authorities.
(Ord. 910618A, passed 6-18-1991)
The Chief of Police and/or any police officer of the city may, in addition to any other enforcement action authorized herein, seize, take, remove or cause to be removed all fireworks sold or offered for sale, possessed, stored, held or used in violation of this chapter.
(Ord. 910618A, passed 6-18-1991)
The sale and/or use of fireworks within the city in violation of this chapter is hereby specifically declared to be a nuisance dangerous to the public health, safety and welfare.
(Ord. 910618A, passed 6-18-1991) Penalty, see § 97.99
(A) A person commits an offense if the person knowingly or intentionally violates any provisions of this chapter.
(B) An offense under this chapter is a misdemeanor and shall be punishable by a fine of not more than $2,000. Each day of violation shall constitute a separate offense. These penal provisions shall be cumulative of, and not in lieu of, any other remedies which may exist at law or in equity.
(Ord. 910618A, passed 6-18-1991)