It shall be unlawful for any person to discharge any fireworks upon public land or in any public park, owned by the city, provided, however, that such use shall be permitted under the following circumstances:
(A) This provision shall not apply to possessions of fireworks in the otherwise lawful use of public rights of way such as sidewalks and planting strips. This subsection shall not be a defense to a charge of obstructing traffic or otherwise obstructing a public right-of-way.
(B) The city shall designate limited areas of use during the hours permitted by this subchapter for the discharge of fireworks as allowed by § 92.36. Otherwise lawful discharge of fireworks as allowed by § 92.36 in such areas shall not be a violation of this section. In doing so, the city shall consider:
(1) The sensitivity of the area's environment, wildlife and wildlife habitat;
(2) The inconvenience and nuisance to abutting property owners;
(3) The safety and suitability of the area as a place for the discharge of fireworks; and
(4) Danger of fire or other destruction of public property and improvements from the use of the fireworks.
(C) Upon designation of any area, it shall be signed and posted 14 days prior to the scheduled date of the authorized public display. Designation of any area may be appealed in writing to the city by any citizen of the city.
(D) Nothing in this subchapter shall be deemed to limit the authority of the City Council to allow event display of special fireworks under a permit issued in accordance with the provisions of this subchapter.
(Ord. 2017-01, passed 5-18-17; Ord. 2017-01-A1, passed 7-20-2017) Penalty, see § 92.99