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)