(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)