1519.01 Descriptions.
1519.02 Public exhibition permit required; fee; bond; records.
1519.03 Unlawful conduct by exhibitor.
1519.04 Possession, sale or discharge prohibited; exceptions.
1519.05 Application.
1519.99 Penalty.
CROSS REFERENCES
Manufacturers to comply with building and zoning ordinances - see Ohio R.C. 3743.06(F)
Wholesalers to comply with building and zoning ordinances - see Ohio R.C. 3743.19(G)
Arrests, seizure of fireworks by certified fire safety inspector - see Ohio R.C. 3743.68
Conflict of Fire Marshal's rules with rules of Ohio Board of Building Standards - see Ohio R.C. 3781.11(D)
As used in this chapter:
(a) "Beer" and "intoxicating liquor" have the same meanings as in Ohio R.C. 4301.01.
(b) "Booby trap" means a small tube that has a string protruding from both ends, that has a friction-sensitive composition and that is ignited by pulling the ends of the string.
(c) "Cigarette load" means a small wooden peg that is coated with a small quantity of explosive composition and that is ignited in a cigarette.
(d) "Controlled substance" has the same meaning as in Ohio R.C. 3719.01.
(e) "Fireworks" means 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 Section 1519.05.
(f) "Licensed exhibitor of fireworks" or "licensed exhibitor" means a person licensed pursuant to Ohio R.C. 3743.50 to 3743.55.
(g) "Licensed manufacturer of fireworks" or "licensed manufacturer" means a person licensed pursuant to Ohio R.C. 3743.02 to 3743.08.
(h) "Licensed wholesaler of fireworks" or "licensed wholesaler" means a person licensed pursuant to Ohio R.C. 3743.15 to 3743.21.
(i) "Novelties and trick noisemakers" include the following items:
(1) Devices that produce a small report intended to surprise the user, including, but not limited to, booby traps, cigarette loads, party poppers and snappers;
(2) Snakes or glow worms;
(3) Smoke devices;
(4) Trick matches.
(j) "Party popper" means a small plastic or paper item that contains not more than sixteen milligrams of friction sensitive explosive composition, that is ignited by pulling string protruding from the item, and from which paper streamers are expelled when the item is ignited.
(k) "Railroad" means any railway or railroad that carries freight or passengers for hire, but does not include auxiliary tracks, spurs and sidings installed and primarily used in serving a mine, quarry or plant.
(l) "Smoke device" means a tube or sphere that contains pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(m) "Snake" or "glow worm" means 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.
(n) "Snapper" means a small, paper-wrapped item that contains a minute quantity of explosive composition coated on small bits of sand, and that, when dropped, implodes.
(o) "Trick match" means 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.
(ORC 3743.01; Ord. 130-87. Passed 2-17-87; Ord. 183-13, Passed 4-16-13.)
(a) A licensed exhibitor or any other person or organization exhibiting fireworks who wishes to conduct a public fireworks exhibition within the City shall apply for approval to conduct the exhibition to the Director of Toledo Fire and Rescue Department or his/her designee and the Police Chief.
The required approval shall be evidenced by the Director of Toledo Fire and Rescue Department or his/her designee or Fire Prevention Officer and the Police Chief signing a permit for the exhibition, the form for which shall be prescribed by the State Fire Marshal. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the Fire Marshal or, if it is available, from the Director of Toledo Fire and Rescue Department or his/her designee, Fire Prevention Officer or Police Chief.
(b) Before signing a permit and issuing it to a licensed exhibitor of fireworks, the Director of Toledo Fire and Rescue Department or his/her designee or Fire Prevention Officer and the Police Chief shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks. Each applicant shall show his license as an exhibitor of fireworks to the Fire Chief or Fire Prevention Officer and the Police Chief.
The Director of Toledo Fire and Rescue Department or his/her designee or Fire Prevention Officer and the Police Chief shall give their approval to conduct a public fireworks exhibition only if they are satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the Fire Marshal pursuant to Ohio R.C. 3743.53(B) and that the applicant is, in fact, a licensed exhibitor of fireworks. The Director of Toledo Fire and Rescue Department or his/her designee or Fire Prevention Officer and the Police Chief may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke the permit for noncompliance with the rules.
(c) The Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and the Police Chief shall not issue a permit until the applicant pays a permit fee of one hundred and fifty dollars ($150.00) plus any necessary costs of investigation of the applicant and of inspecting the premises on which the exhibition will be conducted.
Each exhibitor shall provide an indemnity bond in the amount of at least one million dollars ($1,000,000), with surety satisfactory to the Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and the Police Chief, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death or loss to persons or property emanating from the fireworks exhibition, or proof of insurance coverage of at least one million dollars ($1,000,000) for liability arising from injury, death, or loss to persons or property emanating from the fireworks exhibition. Council may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this subsection. The Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and Police Chief shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this subsection.
(d) (1) Each permit for a fireworks exhibition issued by the Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and the Police Chief shall contain a district number together with a designation of the City. A copy of each permit issued shall be forwarded by the Director of Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and the Police Chief issuing it to the Fire Marshal, who shall keep a record of the permits he receives. A permit is not transferable or assignable.
(2) The Director of Toledo Fire and Rescue Department or his/her designee, Fire Prevention Officer and Police Chief shall keep a record of issued permits for fireworks exhibitions. In this list, the Director of Toledo Fire and Rescue Department or his/her designee, Fire Prevention Officer or Police Chief shall list the name of the exhibitor, his license number, the premises on which the exhibition will be conducted, the date and time of the exhibition and the number of the permit issued to the exhibitor for the exhibition.
(ORC 3743.54; Ord. 130-87. Passed 2-17-87; Ord. 183-13, Passed 4-16-13.)
(a) No licensed exhibitor of fireworks shall fail to comply with the rules adopted by the Fire Marshal pursuant to Ohio R.C. 3743.64(C).
(b) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to Section 1519.02 or if a permit so secured is revoked by the Director of the Toledo Fire and Rescue Department or his/her designee, or Fire Prevention Officer and Police Chief pursuant to that section.
(c) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with Ohio R.C. 3743.64(E).
(d) No licensed exhibitor of fireworks or other person associated with the conduct of a fireworks exhibition shall have in his possession or under his control, or be under the influence of, any intoxicating liquor, beer or controlled substance while on the premises on which the exhibition is being conducted.
(ORC 3743.64; Ord. 130-87. Passed 2-17-87; Ord. 183-13, Passed 4-16-13.)
(a) No person shall possess fireworks in the City or shall possess for sale or sell fireworks in the City, except a licensed manufacturer of fireworks as authorized by Ohio R.C. 3743.02 to 3743.08, a licensed wholesaler of fireworks as authorized by Ohio R.C. 3743.15 to 3743.21, an out-of-state resident as authorized by Ohio R.C. 3743.44, a resident of this State as authorized by Ohio R.C. 3743.45, or a licensed exhibitor of fireworks as authorized by Ohio R.C. 3743.50 to 3743.55 and Section 1519.02 and except as provided in Section 1519.05.
(b) Except as provided in Section 1519.05 and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio R.C. 3743.50 to 3743.55 and Section 1519.02, no person shall discharge, ignite or explode any fireworks, or place under or upon any vehicle, railroad track or other moving object any fireworks in this Municipality.
(c) No person shall use in a theater or public hall, what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulphur.
(d) No person shall sell fireworks or sparklers of any kind to a person under eighteen years of age.
(e) No person shall advertise fireworks for sale. A sign located on a seller's premises identifying him as a seller of fireworks is not the advertising of fireworks for sale.
(ORC 3743.65; Ord. 130-87. Passed 2-17-87; Ord. 183-13, Passed 4-16-13.)
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