(A) No individual, firm, partnership, corporation or association shall possess for sale, sell or offer for sale, at retail or discharge within the City limits, any fireworks, as defined herein, except as specifically provided in this chapter.
(B) No parent, guardian or custodian of any child under the age of majority shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of majority without proper supervision. Possession or discharge by any child under the age of majority within the City limits shall be prima facie evidence of the knowing permission or consent of such parent, guardian or custodian.
(C) The sale and/or discharge of fireworks within the City limits are prohibited by this chapter subject only to the exceptions stated herein, and are therefore deemed a public nuisance. Specifically:
(1) No fireworks may be discharged within the boundaries of or within 150 feet of any public park owned or maintained by the City without a public display permit except as otherwise provided in this chapter;
(2) No fireworks may be discharged upon any public street, alley, road or right-of-way, except as otherwise provided in this chapter;
(3) No fireworks may be discharged within 150 feet of any hospital, nursing or assisted living facility; and
(4) No fireworks may be discharged under or upon a motor vehicle, whether moving or not, or within 150 feet of any gas station, gas, oil or propane storage facility or other area which is highly flammable by nature.
(D) (1) Subject to the limitations contained in this chapter, fireworks, as listed in division (E) below, may be discharged within the City limits only on private property of the owner, or with the owner’s permission, or on paved City streets other than Main Street or 3rd Avenue South when such discharge is in a safe and sane manner, and limited to:
(a) Between 8:00 a.m. and 10:00 p.m. July 1 through July 3;
(b) Between 8:00 a.m. and 12:00 midnight July 4; and
(c) The New Year’s Day holiday only from 11:00 p.m. December 31 until 1:00 a.m. January 1.
(2) As used in this division (D), the phrase
SAFE AND SANE MANNER refers to actions which do not endanger life, limb or property of those in the area of the discharge. Nothing in allowing the discharge of fireworks within the City limits relieves the individual, firm, partnership, corporation or association of its responsibility for any injury or damage caused to individuals or property by the discharge of the fireworks. Any discharge, with or without a permit, is at the individual, firm, partnership, corporation or association’s own risk, and is not sanctioned by this chapter.
(E) Permitted fireworks are the following type of Class C “common fireworks” among those listed in federal law:
(1) A cardboard or heavy paper cylindrical tube or cone that:
(a) Produces a shower of color and sparks that reach a maximum of 15 feet;
(b) May whistle or pop; and
(c) Is not designed to explode or leave the ground.
(2) A pyrotechnic wheel device:
(a) May be attached to a post or tree; and
(b) Contains up to six “driver” units or tubes;
(3) Any device that:
(a) Spins, jumps or emits popping sounds when placed on the ground;
(b) Does not exceed a height of 15 feet when discharged; and
(c) Does not travel laterally more than ten feet on a smooth surface when discharged.
(4) Sparklers under 12 inches in length which do not have a magnesium make-up, glow worms, snakes, party poppers, trick noisemakers; and
(5) Certain mortar type aerial devices and multi-shot cakes that are found acceptable by the Fire Chief.
(F) When, in the opinion of the Volunteer Fire Chief, drought or other conditions exist which, when coupled with the discharge of fireworks, would pose a hazard to persons or property, the Volunteer Fire Chief shall issue a ban on the discharge of all fireworks until such time as the condition causing the ban ceases to exist.
(G) Any individual, firm, partnership, corporation or association discharging fireworks under this chapter shall, upon such discharge, be responsible for clean-up of the discharge site, including disposal of all discharged fireworks, all non-discharged or “dud” fireworks, and the associated debris from the discharged fireworks in a safe manner.
(H) The safe and sane discharge of fireworks in accordance with the provisions of this chapter shall not be deemed a violation of Title 4, Chapter 5. (Ord. 365, passed 12-3-2018)