§ 19-127. Discharge of fireworks or explosives.
(a)
Definitions. In this section, the following terms shall be defined as follows:
(1)
APA standard 87-1 means the 2001 APA standard 87-1 standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics, and theatrical pyrotechnics, published by the American Pyrotechnics Association of Bethesda, Maryland.
(2)
Display fireworks means large fireworks devices that are explosive materials intended for use in firework displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.
(3)
Consumer fireworks means fireworks devices designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR part 1500 and 1507, and are listed in APA standard 87-1.3.1.2, 3.1.3, or 3.5 consumer fireworks do not include low-impact fireworks.
(4)
Fireworks means any composition or device, except for a starting pistol, a flare gun, or a flare, designed for producing a visible or audible effect by combustion, deflagration, or detonation to include display, consumer and low-impact fireworks as defined under Act 256 of 2011.
(5)
Low-impact fireworks means ground and handheld sparkling devices as defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5
(6)
Minor means an individual who is less than eighteen (18) years of age.
(7)
National holiday means the following legal public holidays: New Year's day (January 1), Martin Luther King, Jr. birthday (third Monday in January), Presidents' Day (third Monday in February), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Columbus Day (second Monday in October),Veteran's Day, (November 11), Thanksgiving day (fourth Thursday in November), Christmas day (December 25).
(8)
Novelties means that term as defined under APA standard 87-1, 3.2 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:
- Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in this section that are constructed so that the hand cannot come in contact with the cap when in-place for the explosion, and that are not designed to break apart or be separated to form a missile by the explosion.
- Flitter sparklers in paper tubes not exceeding one-eighth ( 1/8 ) inch in diameter.
- Toy snakes and toy smoke devices not containing mercury, if packed in boxes with not more than twelve (12) pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed on the box.
(9)
Public land means all property owned, leased or otherwise in the possession of the city or another governmental entity and shall include all parks, recreational fields, playgrounds, streets, alleys, trails and school grounds.
(b)
Ignition, discharge and use of fireworks.
(1)
Display fireworks on public and private lands. No person(s) shall ignite, discharge or use display fireworks on any lands within the city without authorization and approval by the city council and subject to any fees, insurance coverage, licenses, forms, or applications required.
(2)
Consumer fireworks on public lands. No person(s) shall ignite, discharge or use consumer fireworks on public lands within the city limits without authorization by the governing body of such public lands and subject to any fees, insurance coverage, licenses, forms, or applications required.
(3)
Consumer fireworks on private property. No person(s) shall ignite, discharge or use consumer fireworks on private property in the city except on the day preceding, the day of, or the day after a national holiday as so defined under [subsection] (a)(7) of this section and subject to the approval of property owner and may be ignited only between the hours of 8:00 a.m. and 1:00 a.m. and shall be prohibited between the hours of 1:00 a.m. and 8:00 a.m.
(4)
Low-impact fireworks on private property. Under Public Act 256 of 2011, all person(s) shall have the right to ignite, discharge or use low-impact fireworks subject to approval by the property owner and not in violation of other city ordinances including nuisance and noise provisions.
(5)
Low-impact fireworks on public property. All person(s) shall have the right to ignite, discharge or use low-impact fireworks on public lands within the city upon approval of the city council and subject to any other ordinances in the city such as nuisance, or noise restrictions.
(6)
Novelties under Public Act 256, subsection 28.453. The local unit of government has no authority to enact or enforce an ordinance, code, or regulation pertaining to, or in any manner regulating, the sale, storage, display for sale, transportation, use, or distribution of novelties.
(c)
Possession of consumer or display fireworks by a minor. A minor shall not possess consumer or display fireworks.
(d)
Determination of violation; seizure. If a police officer determines that a violation of this section has occurred, the officer may seize the fireworks as evidence of the violation.
(e)
Penalty. A violation of this section shall constitute a misdemeanor. Following final disposition of a finding of responsibility for violating this article, the city may dispose of or destroy any consumer fireworks retained as evidence in that prosecution. In addition to any other penalty, a person who is found responsible for a violation of this article shall be required to reimburse the city for the costs of storing, disposing of, or destroying fireworks confiscated for a violation of this ordinance.
(Code 1977, §§ 9.162(5), 9.224; Ord. No. 735, §§ 1, 2, 7-16-12; Ord. No. 743, § 1, 7-1-13)
Editor's note
Ord. No. 735, §§ 1, 2, adopted June 16, 2012, changed the title of § 19-127 from "fireworks prohibited" to "Discharge of fireworks or explosives."
Cross reference
Fire prevention and protection generally, Ch. 13.