(A) No person shall discharge fireworks or novelties other than in a manner prescribed by the manufacturer’s directions for use and no person shall discharge consumer fireworks while within a building or enclosed space within 50 feet of a flame or flammable surface; within 20 feet of a property line; within any public roadway or public right-of-way; within, upon or from a motor vehicle; at any person, vehicle or conveyance; within 500 feet of a gasoline service station; during weather conditions involving wind speeds in excess of ten mph; from any location not at ground level; from any surface that is not flat and level; without keeping a bucket of water or garden hose ready to address accidents; within 25 feet of a building; from within any type of container or other object that could reasonably be foreseen to impede the aerial progress of the firework, or to cause a fire or explosion after its ignition.
(B) A person shall not ignite, discharge or use consumer fireworks on public property, school property, church property of another person without that organization’s or person’s express permission to use those fireworks on those premises. A person who violates this division (B) is responsible for a state civil infraction as provided by in the Act.
(C) No person shall, either individually or in concert with another person, cause damage to any private or public property by the use, discharge or ignition of any fireworks. Any violation of this division (C) is subject to any penalty imposed by the Act.
(D) A law enforcement officer and or/fire official may confiscate and impound all fireworks and fireworks paraphernalia involved in causing a violation of this chapter. If the impounded items are lawful to possess, they may be retained as evidence until any court proceedings or citations have been adjudicated and any probationary periods have been completed. If the impounded items are unlawful to possess, the Police Department or Fire Department shall dispose of or destroy the items in accordance with evidence protocols that will still allow for effective prosecution of the charged offenses without actual retention of the items. If any fireworks are retained by the township, they shall be stored in compliance with the Act and rules promulgated under the Act. The person from whom the fireworks are seized under the Act or this chapter shall pay the actual costs of storage and /or disposal of the seized fireworks. The Police Department may dispose of the seized fireworks by providing them to a disposal organization approved by the Chief of Police or designee, or by allowing them to be used by the township police, fire and code enforcement agencies for training purposes.
(Ord. 32, passed - -) Penalty, see § 94.99