(a) The following procedure is to establish the permitted use of consumer-grade fireworks in the Village of West Unity.
(b) With the passage of Ohio House Bill 172, consumer-grade fireworks are made legal to possess and discharge within Ohio during the following selected dates in subsection (c) Exhibit A and going into effect on July 1, 2022.
(c) Exhibit A:
New Year's Day
Chinese New Year
Cinco de Mayo
Memorial Day weekend (Friday, Saturday, and Sunday)
Juneteenth
July 3, 4, and 5, as well as the first Friday, Saturday, and Sunday before and after July 4
Labor Day weekend (Friday, Saturday, and Sunday)
Diwali, a festival of lights celebrated by Hindus, Sikhs, and Jains
New Year's Eve
(d) The Village of West Unity Firework Ordinance establishes the legal, lawful use and possession of consumer-grade fireworks within the Village on the exact dates as subsection (c) Exhibit A also coming into effect on July 1, 2022. As provided in House Bill 172 and the authority given to the Village of West Unity, a procedure will be put in place to outline the legal use as well as the restrictions of possessing and using consumer-grade fireworks in the Village of West Unity.
Exhibit A: Procedure
(1) All fireworks must be used in compliance with the manufacturer guidelines in a way to not cause harm or potential harm to another, or another's property. Fireworks must be used safely on private property and never from a motor vehicle.
A. Fireworks are not permitted to be used on the property without the property owner's permission.
B. The use of fireworks is prohibited by an individual under the influence of alcohol or a controlled substance.
C. The use of fireworks is not permitted on the grounds, property, or around any buildings or structures owned by the Village of West Unity. Prohibited use includes all public parks. In the event, that the Village holds a special celebration Village Council may permit the use of fireworks in a public park only when done by a professional firework staff of pyrotechnicians who will be hired to safely store, handle, and all other functions such as the igniting of the pyrotechnic firework devices. The staff should be accredited and fully bonded and only able to set off the fireworks during the specific date and times given by Council. This permission shall not be extended to private rentals of the Kissel building at Memorial Park.
D. Fireworks under no circumstance are allowed in the downtown district in the Village of West Unity or otherwise zoned within the Village as C-1.
C. During the dates of permitted use listed in subsection (c) Exhibit A, consumer firework use will be permitted starting at 8;00 a.m. Firework use will be allowed when Exhibit A falls on a Friday or Saturday until 12:00 a.m. midnight at the end of that day. When Exhibit A falls on Sunday, Monday, Tuesday, Wednesday, or Thursday, Firework use will be permitted until 10:30 p.m. on that date.
(e) Any act that law enforcement witnesses or receives a complaint that is substantiated and is outside of expected reasonable use of fireworks by Village ordinance or manufacturer guidelines will allow the police officer to order the stoppage and discontinue further use of fireworks for that date. The stoppage will be for the property and the said individuals involved for use on any other property on that date within the Village. Failure to comply may result in the seizure of the fireworks and or criminal charges being pursued against the violator.
(f) All procedures must be followed. The firework manufacturer's guidelines must be adhered to in order to be in compliance. Any violations of these standards or use outside of the date and times permitted subjects the user of fireworks or property owner of where the fireworks are being used to penalty under law.
(g) Whoever fails to comply with such order is guilty of a minor misdemeanor.
(Ord. 2022-5. Passed 6-9-22.)
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