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(A) Minimum standards. Any equipment shall be installed or repaired in a workmanlike manner which shall comply with all laws and the regulations of the city, the regulations of the Code adopted by § 96.01 of this chapter and the regulations recommended by the National Fire Protection Association.
(B) Approval by Inspector. When any equipment is installed, it shall not be placed in operation or used unless and until the installation has been approved by the City Inspector.
(C) Inspection fee. Any person installing any equipment shall, upon requesting an inspection for approval, pay an inspection fee as set by the City Commission for each piece of equipment, to cover the cost of inspection.
(1998 Code, § 54-103) (Ord. 2024-14, passed 6-5-2024) Penalty, see § 96.99
The storage of any liquefied petroleum gases in any container, either above ground or underground, is prohibited inside of or underneath any building in the city.
(1998 Code, § 54-104) (Ord. 2024-14, passed 6-5-2024) Penalty, see § 96.99
All liquefied petroleum gas sold within the city shall be treated with a malodorant in quantities as required by state law to create an odor easily detected in case of leaks in piping or equipment
(1998 Code, § 54-105) (Ord. 2024-14, passed 6-5-2024) Penalty, see § 96.99
FIREWORKS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISTRIBUTOR. Those who sell fireworks to retailers or to jobbers, for resale to others.
FIREWORKS. Any composition or device designed to produce a visible or audible effect by combustion, explosion, deflagration or detonation, such as firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and such term shall include all articles or substances within the commonly accepted meaning of FIREWORKS, whether specifically designated and defined in this section or not.
ILLEGAL FIREWORKS. A fireworks device manufactured, distributed or sold in violation of this subchapter.
IMPORTER. Those who import fireworks from a foreign country for sale to distributors, jobbers or retailers within the state.
JOBBER. Those who purchase fireworks for resale to consumers only.
MANUFACTURER. Persons that are engaged in the making of fireworks.
PERSON. Any natural person, association of persons, partnership, corporation, agent or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators.
PUBLIC DISPLAY. The igniting and shooting of fireworks for public amusement.
RETAILER. Those who purchase fireworks for resale to consumers only.
(1998 Code, § 54-125) (Ord. 98-56, passed 12-2-1998; Ord. 2024-14, passed 6-5-2024)
Except as otherwise specifically provided in this subchapter, it shall be unlawful for any person to sell, offer to sell, or have in his or her possession with intent to sell, keep, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description.
(1998 Code, § 54-126) (Ord. 98-56, passed 12-2-1998; Ord. 2024-14, passed 6-5-2024) Penalty, see § 96.99
The general prohibitions as set forth in § 96.31 of this chapter shall not apply to the following.
(A) Section 96.31 of this chapter shall not apply to toy pistols, toy canes, toy guns or similar devices in which paper caps containing 0.0025 grains or less of explosive compounds are used; provided, they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than 0.0025 grains of explosive compounds, the sale and use of which shall be permitted at all times.
(B) It shall not be unlawful, upon a permit issued by the Fire Marshal or designee, for any person engaged in any organized play, legitimate theatrical performance, circus or other show designed for the amusement and edification of the general public to use, discharge or cause to be discharged and ignited fireworks as a part of an act, performance, play or circus, so long as such person does not also engage in the retailing, wholesaling, selling or distribution of any of such fireworks. The Fire Marshal or designee shall cause to be made an investigation of each application made under this subchapter to determine whether the use of such fireworks as proposed shall be of such a character that it may be hazardous to property or dangerous to any person; and he or she shall, in the exercise of reasonable discretion, grant or deny the application for such permit.
(C) Section 96.31 of this chapter shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroads, which signal flares and torpedoes are received by and stored or transported by any railroad for use in railroad operation; nor shall § 96.31 of this chapter apply to any marine signal flare or rocket which is transported or received or stored for use only as ship's stores; nor shall § 96.31 of this chapter apply to signal flares or rockets for military or police use; nor shall § 96.31 of this chapter apply to signal flares for use by motorists in distress.
(1998 Code, § 54-127) (Ord. 98-56, passed 12-2-1998; Ord. 2024-14, passed 6-5-2024)
The provisions of § 96.31 of this chapter shall not apply to a public display of fireworks made under the terms and conditions of this section, and such display shall be permitted upon compliance with the provisions of city's adopted Fire Prevention Code and of this section, as follows.
(A) Any adult person or any firm, copartnership, corporation or association planning to make a public display of fireworks shall first make written application for a permit to the Fire Marshal or designee at least 48 hours in advance of the date of the proposed display.
(B) It shall be the duty of the Fire Marshal or designee to make an investigation as to whether the display as proposed by the applicant for a permit under this subchapter shall be of such a character that it may be hazardous to property or dangerous to any person; and he or she shall, in the exercise of reasonable discretion, grant or deny the application, subject to the conditions prescribed in this subchapter. If the application is approved, a permit shall be issued for the public display by the Fire Marshal or designee. Such permit shall be for a period of time designated on the permit, but shall not exceed 14 days, and the permit shall not be transferable. If the application is denied by the Fire Marshal or designee, he or she shall notify the applicant of the denial in writing.
(C) The applicant for a display permit under this section shall, at the time of making application, furnish proof that he or she carries compensation insurance for his or her employees as provided by the laws of the state; and he or she shall file with the Fire Marshal or designee a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than $300,0000, issued by an insurance carrier authorized to transact business in the state, for the benefit of the person named therein as insured, as evidence of ability to respond in damages in at least the amount of $300,000, such policy to be approved by the Fire Marshal or designee. In lieu of insurance, the applicant may file with the Fire Marshal or designee a bond in the amount of $300,000, issued by an authorized surety company approved by the Fire Marshal or designee, conditioned upon the applicant's payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks or any negligence on the part of the applicant or his or her agents, servants, employees or subcontractors in the presentation of the public display.
(D) The range of aerial displays shall not be more than 200 feet, and the fireworks shall be discharged vertically from tubes approved by the Fire Marshal or designee.
(E) The limit of a display authorized by this section shall be not more than 45 minutes per performance, and there shall not be more than two performances in each 24 hours.
(F) No public display of fireworks shall be of such a character and so located, discharged or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the Fire Marshal or designee.
(G) The persons handling the display of fireworks under this section shall be competent, adult persons and experienced pyrotechnic operators approved by the Fire Marshal or designee. No person not approved by the Fire Marshal or designee shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued.
(H) (1) For each public display of fireworks under this section, the Fire Marshal or designee may require that not less than two firefighters of the city be in attendance during the display.
(2) The expense of such firefighters at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for the permit.
(I) The material to be used for a public display authorized by this section shall not be stored within the city limits, but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage.
(1998 Code, § 54-128) (Ord. 98-56, passed 12-2-1998; Ord. 2024-14, passed 6-5-2024)
(A) The presence of any fireworks within the city and within the area immediately adjacent and contiguous to the city limits extending for a distance outside of such city limits for a total of 5,000 feet, in violation of this subchapter, is hereby declared to be a common and public nuisance. The Fire Marshal or designee is directed and required to seize any fireworks found in violation of this subchapter, and any authorized Deputy of the Fire Marshal or designee, or any police officer of the city, or any other duly constituted state peace officer is empowered to stop the transportation of and detain any fireworks being transported illegally or to close any building where any fireworks are found stored illegally until the Fire Marshal or designee can be notified, in order that such fireworks may be seized in accordance with the terms of this subchapter.
(B) Notwithstanding any penal provision of this subchapter, the City Attorney is authorized to file suit on behalf of the city, the Fire Marshal or designee, or both, for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the city or within the 5,000-foot area described in division (A) above. It shall not be necessary to obtain injunctive relief as a prerequisite to seizure of fireworks.
(C) If any fireworks or combustibles are deemed by the Fire Marshal or designee to be in such a state or condition as to constitute a hazard to life or property, the Fire Marshal or designee may dispose of such fireworks or combustibles without further process of law. The Fire Marshal or designee is authorized to dispose of any abandoned fireworks or combustibles that he or she deems to be hazardous to life or property.
(D) If the person so charged is found guilty of violating the provisions of this chapter or any rule or regulation adopted pursuant thereto with regard to possession, handling or storage of fireworks or combustibles, the Fire Marshal or designee is authorized to dispose of the confiscated material in such a way as he or she shall deem equitable.
(1998 Code, § 54-129) (Ord. 98-56, passed 12-2-1998; Ord. 2024-14, passed 6-5-2024)
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