§ 8-101. Fireworks.

(a)

Definition: The term "pyrotechnics", whenever used in this section, shall be held to mean any sparkler, squib, rocket, firecracker, Roman candle, signal lights, fireworks, or other devices or composition used to obtain visible or audible pyrotechnic display.

(b)

Possession or sale prohibited: It shall be unlawful for any person to have, keep, store, use, manufacture, offer to sell, handle, or transport any pyrotechnics within the corporate limits except as herein provided, it being the intention of this section to prohibit the sale, distribution, or discharge of pyrotechnics of any kind or description whatsoever within the corporate limits.

(c)

Exceptions: Nothing contained in this section shall be held to apply to the following:

(1)

The possession or use of signaling devices for current daily consumption by railroads, trucks, or vessels requiring them.

(2)

Pyrotechnic display of fireworks in public parks or other open places, where a permit for such display has been issued by the chief of police, after the chief shall have determined that provisions have been made proper safeguarding of life and property, and there shall be provided by the chief proper police protection in connection with any authorized display.

(3)

The possession, sales, or use of normal stocks of flashlight compositions by photographers or dealers in photographic supplies.

(4)

The use, but not for the sale, of fireworks or pyrotechnics as follows:

a.

During the following periods only:

1.

Independence Day, July 4 of each year, from 6:00 p.m. to 12 midnight

2.

New Year's Eve, from 6:00 p.m. to 1:00 a.m. New Year's Day.

b.

The use permitted in this subsection is limited to areas beyond five hundred (500) feet of any hospital or nursing home or any other property, public or private, designated by the chief of police or mayor as a "fireworks free zone".

(Ord. No. 2000-7, 8-22-00)