(A) No person, firm, company, corporation, or association shall cast, throw, or fire any combustible fireworks of any kind in the city.
(B) No person, firm, company, corporation, or association shall have in his or her possession, with intent to give away or sell or offer for sale within the city, any combustible fireworks of any kind in the city; provided, however, that this section shall not apply to the sale by wholesalers for private or public demonstration as hereinafter provided.
(C) Nothing in this section shall be construed to apply to the sale, storage, or use of railroad track torpedoes, or other signaling devices used by railroads, nor to the sale, storage, or use of flashlight composition by photographers or dealers in photographic supplies, or prevent any public or private demonstration or display of fireworks of any kind if conducted under proper police supervision after application made and permit issued by the City Council for the demonstration. The permit shall not be granted unless the demonstration or display shall be of such a character, and so located, discharged, or fired, as in the opinion of the Fire Chief, after proper inspection, shall not be hazardous to property or endanger any person or persons.
(D) The presence of any fireworks within the city is hereby declared to be a nuisance.
(E) Any member of the Fire Department is hereby authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of the fireworks. In any instance where the Fire Chief, or any of his or her duly authorized assistants, have probable cause to believe that fireworks are being stored in a building, they shall promptly enter the building for the purpose of inspection. It shall be the duty of the owner, lessee, or person otherwise in charge of the building, or their agents or employees, to open and permit entry into the building by persons charged with the enforcement of any part of this section.
(F) Any member of the Fire Department, any police officer, or any other peace officer is empowered to detain any fireworks found being transported illegally or to close any building where any fireworks are found stored illegally, until the Fire Department can be notified in order that the fireworks may be seized and destroyed in accordance with the terms of this section.
(G) Notwithstanding any penal provisions hereof, the City Attorney is authorized to file suit on behalf of the city for any injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping, or using of fireworks within the jurisdiction of the city, and to prevent any person from interfering with the seizure and destruction of the fireworks; provided, however, it shall not be necessary to obtain the injunctive relief as a prerequisite to the seizure and destruction.
(H) The provisions of this section shall be applicable within the corporate limits of the city.
(Ord. 94-816-B, passed 2-18-1994) Penalty, see § 130.99