(a) Exhibitions.
(1) A licensed exhibitor of fireworks who wishes to conduct a public fireworks exhibition shall apply for approval to conduct the exhibition to the Fire Chief and to the Police Chief.
(2) The approval required by division (a)(1) of this section shall be evidenced by the Fire Chief or fire prevention officer and by the Police Chief, or the designee of the Police Chief, signing a permit for the exhibition, on the exhibition permit form issued by the State Fire Marshal. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the State Fire Marshal or, if available, from the Fire Chief, a fire prevention officer, the Police Chief or a designee of the Police Chief.
(3) Before a permit is signed and issued to a licensed exhibitor of fireworks, the Fire Chief or fire prevention officer, in consultation with the Police Chief, or the designee of the Police Chief, shall inspect the premises on which the exhibition will take place and shall determine that, in fact, the applicant for the permit is a licensed exhibitor of fireworks. Each applicant shall show his or her license as an exhibitor of fireworks to the Fire Chief or fire prevention officer.
(4) The Fire Chief or fire prevention officer and the Police Chief, or the designee of the Police Chief, shall give approval to conduct a public fireworks exhibition only if satisfied, based on the inspection, that the premises on which the exhibition will be conducted allow the exhibitor to comply with the rules adopted by the State Fire Marshal pursuant to ORC 3743.53(B) and (E) and that the applicant is, in fact, a licensed exhibitor of fireworks. The Fire Chief or fire prevention officer, in consultation with the Police Chief or with the designee of the Police Chief may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke a permit for noncompliance with the rules.
(5) If the City has prescribed a fee for the issuance of a permit for a public fireworks exhibition, the Fire Chief or fire prevention officer and Police Chief, or his or her designee, shall not issue a permit until the exhibitor pays the requisite fee.
(6) Each exhibitor shall provide an indemnity bond in the amount of at least one million dollars ($1,000,000) with surety satisfactory to the Fire Chief or fire prevention officer and to the Police Chief, or the designee of the Police Chief, conditioned for the payment of all final judgments that may be rendered against the exhibitor on account of injury, death, or loss to person or property emanating from the fireworks exhibitor, or proof of insurance coverage of at least one million dollars ($1,000,000.00) for liability arising from injury, death, or loss of persons or property emanating from the fireworks exhibition. The City may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this division. The Fire Chief or fire prevention officer and Police Chief, or his or her designee, shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required.
(7) Each permit for a fireworks exhibition issued by the Fire Chief or fire prevention officer, and by the Police Chief, or the designee of the Police Chief, shall contain a distinct number, designate the City, and identify the certified fire safety inspector, Fire Chief, or fire prevention officer who will be present before, during and after the exhibition, where appropriate. A copy of each permit issued shall be forwarded by the Fire Chief or fire prevention officer, and by the Police Chief, or designee of the Police Chief, issuing it to the State Fire Marshal. A permit is not transferable or assignable.
(8) The Fire Chief, fire prevention officer, Police Chief and designee of the Police Chief shall keep a record of issued permits for fireworks exhibitions. In this list, the Fire Chief, fire prevention officer, Police Chief, and designee of the Police Chief shall list the name of the exhibitor, the exhibitor's license number, the premises on which the exhibition will be conducted, the date and time of the exhibition, and the number and political subdivision designation of the permit issued to the exhibitor for the exhibition.
(9) A certified fire safety inspector, the Fire Chief, or fire prevention officer shall be present before, during and after the exhibition, and shall inspect the premises where the exhibition is to take place and determine whether the exhibition is in compliance with this section and ORC Chapter 3743.
(ORC 3743.54)
(b) Exhibitor Prohibitions.
(1) No licensed exhibitor of fireworks shall fail to comply with the applicable requirements of the rules adopted by the State Fire Marshal pursuant to ORC 3743.53(B) and (E) or to comply with divisions (C) and (D) of that ORC section.
(2) No licensed exhibitor of fireworks shall conduct a fireworks exhibition unless a permit has been secured for the exhibition pursuant to division (a) of this Section or ORC 3743., or if a permit so secured is revoked by the a Fire Chief or fire prevention officer, in consultation with the Police Chief, or with a designee of the a Police Chief, pursuant to those sections.
(3) No licensed exhibitor of fireworks shall acquire fireworks for use at a fireworks exhibition other than in accordance with ORC 3743.54 and 3743.55.
(4) No licensed exhibitor of fireworks or other person associated with the conduct of a fireworks exhibition shall have possession or control of, or be under the influence of, any intoxicating liquor, beer or controlled substance while on the premises on which the exhibition is being conducted.
(5) No licensed exhibitor of fireworks shall permit an employee to assist the licensed exhibitor in conducting fireworks exhibitions unless the employee is registered with the State Fire Marshal under Ohio R.C. 3743.56.
(ORC 3743.64)
(c) Unauthorized Possession, Sale or Discharge of Fireworks.
(1) No person shall possess fireworks in this City or shall possess for sale or sell fireworks in this City, except a licensed manufacturer of fireworks as authorized by ORC 3743.02 through 3743.08, a licensed wholesaler of fireworks as authorized by ORC 3743.15 through 3743.21, a shipping permit holder as authorized by ORC 3743.40, an out-of-state resident as authorized by ORC 3743.44, a resident of this state as authorized by ORC 3743.45, or a licensed exhibitor of fireworks as authorized by ORC 3743.50 through 3743.55, and except as provided in ORC 3743.80.
(2) Except as provided in ORC 3743.80, and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to division (a) of this section and ORC 3743.50 through 3743.55, no person shall discharge, ignite, or explode any fireworks in this City.
(3) No person shall use in a theater or public hall, what is technically known as fireworks showers, or a mixture containing potassium chlorate and sulfur.
(4) No person shall sell fireworks of any kind to a person under eighteen (18) years of age. No person under eighteen (18) years of age shall enter a fireworks sales showroom in this City unless that person is accompanied by a parent, legal guardian, or other responsible adult. No person under eighteen (18) years of age shall touch or possess fireworks on a licensed premises without the consent of the licensee. A licensee may eject any person from a licensed premises that is in any way disruptive to the safe operation of the premises.
(5) Except as otherwise provided in ORC 3743.44, no person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder shall possess 1.3G fireworks in this City.
(ORC 3743.65(A) - (E))
(d) Unauthorized Transporting or Shipping of Fireworks.
(1) No person shall transport fireworks in this City except in accordance with the rules adopted by the State Fire Marshal pursuant to ORC 3743.58.
(2) As used in this division, "fireworks" includes only 1.3G and 1.4G fireworks. No person shall ship fireworks into this City by mail, parcel post or common carrier unless the person possesses a valid shipping permit issued under ORC 3743.40, and the fireworks are shipped directly to the holder of a license issued under ORC 3743.03, 3743.16 or 3743.51.
(3) No person shall ship fireworks within this City by mail, parcel post, or common carrier unless the fireworks are shipped directly to the holder of a license issued under ORC 3743.01, 3743.16 or 3743.51.
(ORC 3743.66)
(e) Arrest of Violator; Seizure and Forfeiture of Fireworks.
(1) The fire marshal, an assistant fire marshal, or a certified fire safety inspector may arrest, or may cause the arrest of, any person the fire marshal, an assistant fire marshal, or certified fire safety inspector finds in the act of violating, or who the fire marshal, assistant fire marshal, or certified fire safety inspector has reasonable cause to believe has violated, any of the provisions of this section. Any arrest shall be made in accordance with statutory and constitutional provisions governing arrests by law enforcement officers.
(2) If the fire marshal, an assistant fire marshal, or certified fire safety inspector has probable cause to believe that fireworks are being manufactured, sold, possessed, transported, or used in violation of any of the provisions of this section or of ORC Chapter 3743., the fire marshal, assistant fire marshal, or certified fire safety inspector may seize the fireworks. Any seizure of fireworks shall be made in accordance with statutory and constitutional provisions governing searches and seizures by law enforcement officers. The fire marshal's or certified fire safety inspector's office shall impound at the site or safely keep seized fireworks pending the time they are no longer needed as evidence. A sample of the seized fireworks is sufficient for evidentiary purposes. The remainder of the seized fireworks may be disposed of pursuant to an order from a court of competent jurisdiction after notice and hearing.
(3) Fireworks manufactured, sold, possessed, transported or used in violation of this section or ORC Chapter 3743. shall be forfeited by the violator. The fire marshal's or certified fire safety inspector's office shall dispose of seized fireworks pursuant to the procedures specified in ORC 2981.11 to 2981.13 for the disposal of forfeited property by law enforcement agencies, and the Fire Marshal or that office is not liable for claims for the loss of or damages to the seized fireworks.
(4) This section does not affect the authority of a peace officer, as defined in ORC 2935.01, to make arrests for violations of this section or ORC Chapter 3743. or to seize fireworks manufactured, sold, possessed, transported, or used in violation of this section or ORC Chapter 3743.
(ORC 3743.68)
(f) Definitions. As used in this section, words and phrases shall have the same meaning as defined in ORC 3743.01.
(g) Penalties.
(1) Whoever violates any provision of this section is guilty of a misdemeanor of the first degree.
(ORC 3743.99)
(2) Any fines imposed for a violation of this section relating to the sale, purchase, possession, or discharge of fireworks shall be distributed to the City if the City either filed or enforced the complaint regarding the violation.
(ORC 3743.68(D))