(A) Any law enforcement officer or firefighter may, in the enforcement of this chapter, seize, impound, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered for sale, sold or in the possession of any individual, firm, partnership, corporation or association in violation of this chapter. Notice of the seizure and the reasons for the seizure shall be reported to the chief law enforcement officer within 48 hours of the seizure.
(B) Fireworks seized under this section may be disposed of in a safe and proper manner by law enforcement ten days after seizure. Destruction or disposal of seized fireworks under this provision does not subject the individual officer or the Department or the City to liability for the cost of said fireworks.
(C) Appeal of any seizure shall be filed with the chief law enforcement officer in writing within five working days of the seizure. Filing an appeal shall automatically toll the ten-day waiting period for disposal of the fireworks pending a decision. The decision of the chief law enforcement officer on the appeal shall be final. Upon issuance of the decision and notice to the individual, firm, partnership, corporation or association of the decision, the disposal or destruction may occur without further delay.
(D) Any fireworks display which is approved by permit or provided by the VFD, or under the supervision of the VFD, shall, prior to the event, mark the area to be restricted from public access. Upon the area being marked, the public is prohibited and any member of the VFD wearing clothing identifying the member as VFD, or any law enforcement officer is authorized to remove the person from the area. Failure to leave the area may result in a citation for Failure to Disperse from a Restricted Fireworks Display Area. (Ord. 365, passed 12-3-2018)