(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AERIAL CONSUMER FIREWORKS. Legal consumer fireworks including, but not limited to sky rockets, bottle rockets, roman candles, reloadable shell devices, mortar type fireworks, and any airborne open flame, including sky lanterns.
ILLEGAL CONSUMER FIREWORKS. Any fireworks that do not comply with the U.S. Consumer Product Safety Commission (C.F.R. Title 16~Commercial Practices, Part 1507), effective January 1, 1998 and that are enumerated in the American Pyrotechnics Association Inc., Standard 87-1, April, 1993 edition or SDCL 34-37-4.
LEGAL CONSUMER FIREWORKS. Novelty consumer or aerial consumer fireworks designed primarily to produce visible effects by combustion, that must comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission (C.F.R. Title 16~Commercial Practices, Part 1507), effective January 1, 1998 and that are enumerated in the American Pyrotechnics Association Inc., Standard 87-1, April, 1993 edition of SDCL 34-37-5. All other fireworks would be considered illegal.
NOVELTY CONSUMER FIREWORKS. Non-aerial fireworks including, but not limited to, sparklers, smoke devices, snakes, snappers, party poppers, ground-based sparklers, or fountains up to 500 grams, and small firecrackers.
(B) Sale and use regulation.
(1) It shall be unlawful for any person to shoot, discharge, or explode, or cause to be shot, discharged, or exploded, any firecrackers, sky rockets, blank cartridges, fireworks, or other explosives used for fireworks or fire display in the city except for novelty consumer fireworks. Novelty consumer fireworks shall only be discharged within city limits in areas other than public streets, sidewalks, parks, grounds, or within the downtown business district of the city. The discharge of novelty consumer fireworks shall be allowed, in accordance with state law, between the hours of 9:00 a.m. and 11:59 p.m. on July 4th. It shall be unlawful for any person to launch aerial consumer fireworks within city limits except if provided for by permit.
(2) Nothing in this section shall prohibit the use of a public display of fireworks in the city, provided that any individual, firm, partnership, or corporation, prior to making the public display of fireworks, shall first secure a written permit to do so from the governing body of the city. Permit applications must be submitted at least 20 days prior to the event on forms provided by the Fire Chief. Site inspection is required prior to the approval of the permit. Site inspection is also required on the day of the event not less than 30 minutes before the listed event show. The Fire Chief or designee will complete all site inspections.
(3) It shall be unlawful to sell legal consumer fireworks without a permit from the city. Application for a permit shall be made to the Fire Chief on forms provided. Applicants for permit to sell legal consumer fireworks must first obtain a retail fireworks license from the South Dakota State Fire Marshal. The sale of legal consumer fireworks is allowed in accordance with city codes and SDCL 34-37. The sale of legal consumer fireworks must take place on property zoned for commercial use. The fee for the permit shall be set by resolution of the City Council. The city may deny a permit if a site, hours, or applicant is deemed unsuitable. The city may revoke a permit for any violation of this section.
(4) It shall be unlawful to sell or use any fireworks other than legal consumer fireworks within the city.
(1975 Code, § 15-17) (Ord. 427, passed 4-1-1963; Am. Ord. 1335, passed 4-4-2016) Penalty, see
§ 10.99