(a) Except as provided in paragraphs (b) and (c), below, it shall be unlawful for any person to ignite, discharge or use consumer fireworks.
(b) A person may ignite, discharge or use consumer fireworks only between the hours of 8:00 a.m. and 12:00 midnight on the day preceding, the day of, or the day after the following national holidays:
(1) Martin Luther King, Jr. Day, the third Monday in January.
(2) Washington’s Birthday, the third Monday in February.
(3) Memorial Day, the last Monday in May.
(4) Independence Day, July 4.
(5) Labor Day, the first Monday in September.
(6) Columbus Day, the second Monday in October.
(7) Veterans Day, November 11.
(8) Thanksgiving Day, the fourth Thursday in November.
(9) Christmas Day, December 25.
(c) (1) On New Years’ Day, January 1, a person may ignite, discharge or use consumer fireworks between the hours of 12:00 midnight and 1:00 a.m., and between the hours of 8:00 a.m. and 12:00 midnight.
(2) On the day before or the day after New Years’ Day, a person may ignite, discharge or use consumer fireworks between the hours of 8:00 a.m. and 12:00 midnight.
(d) A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization’s or person’s express permission to use those fireworks on those premises.
(e) Consumer fireworks shall not be ignited, discharged or used by a person under the influence of alcoholic liquor or controlled substance or a combination of both.
(f) Low-impact fireworks shall not be ignited, discharged or used by a person under the influence of alcoholic liquor or controlled substance or a combination of both.
(g) Unmanned free-floating devices. Any unmanned free-floating device (sky lantern) which requires fire underneath to propel it and is not moored to the ground while aloft, have an uncontrolled and unpredictable flight path and descent area so as to pose a potential fire risk and are therefore prohibited.
(h) Novelties. This section does not apply to novelties.
(i) A person who violates paragraphs (a), (b), (c) or (d), above, is responsible for a civil infraction and may be ordered to pay a civil fine of not more than five hundred dollars ($500.00) for each violation.
(Ord. 2013-03. Passed 5-21-13; Ord. 2013-07. Passed 8-6-13.)