Article IV. Fireworks

2.12.230 Use of fireworks prohibited—Penalty.

It is unlawful for any person to fire, shoot or discharge any fireworks of any description within the city, except as provided in this chapter. The penalty for the violation of this section shall be in accordance with Section 1.12.510.

(Prior code § 2-3-51)

2.12.240 Exceptions.

Nothing in this chapter shall apply:


To the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other public or private transportation;


To illumination devices for photographic use;


To the military or naval forces of the state or United States;


To fire fighters;


To the sale or use of blank cartridges for ceremonial, theatrical or athletic events;


To the transportation or use of fireworks solely for agricultural purposes;


To toy paper pistol caps which contain less than twenty-five hundredths grains of explosive compounds, toy pistols, toy canes, toy guns or other devices using paper caps.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-3-52)

2.12.250 Permits.

Any person desiring to hold a public display of fireworks shall first secure from the fire chief a written permit to hold such a display at least ten days prior to the date of the display; provided, no permit shall be issued to allow any public display of fireworks within the fire limits of the city, or at any location whereby, in the judgment of fire chief, life or property may be endangered.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-3-53)

2.12.260 Permissible fireworks for public displays.

Nothing in this chapter shall be construed to prohibit the shipping, sale, possession and use of fireworks for public displays; and such items of fireworks which are to be used for public display only and which are otherwise prohibited for sale and use within the city shall include display shells designated to be fired from mortars, display set pieces of fireworks classified by the regulations of the Interstate Commerce Commission as "Class B Fireworks," and shall not include such items of commercial fireworks as cherry bombs, tubular salutes, repeating bombs, aerial bombs and torpedoes.

(Prior code § 2-3-54)

2.12.270 Sale of fireworks.


It is unlawful for persons to possess, sell, offer for sale, store or transport within the city any fireworks other than those herein enumerated. The permissible fireworks consist of ICC Class C "Common Fireworks" only for the transportation of explosives and other dangerous articles, and shall include the following:


Roman candles whose total pyrotechnic composition shall not exceed twenty grams each in weight;


Bottle-type rockets whose pyrotechnic composition shall not exceed twenty grams each in weight;


Cylindrical fountains whose total pyrotechnic composition shall not exceed seventy-five grams each in weight and whose inside diameter shall not exceed three-fourths inch;


Cone fountains whose total pyrotechnic composition shall not exceed fifty grams each in weight;


Wheels whose total pyrotechnic composition shall not exceed sixty grams in weight, for each driver unit, but there may be any number of drivers on any one wheel and the inside bore of driver tubes shall not be over one-half inch;


Illuminating torches and colored fire in any form whose total pyrotechnic composition shall not exceed one hundred grams each in weight;


Sparklers whose total pyrotechnic composition shall not exceed one hundred grams each in weight;


Firecrackers and salutes with casings, the external dimensions of which do not exceed one and one-half inches in length and one-quarter inch in diameter, and other items designed to produce an audible effect, the total pyrotechnic composition of which does not exceed two grains each in weight; and


Items composed of a combination of two or more articles or devices of the above enumerated approved items.


No component of any device listed in this section which is designed to produce an audible effect shall contain pyrotechnic composition in excess of two grains in weight, excluding propelling or expelling charges designed to produce a loud and piercing effect.

(Prior code § 2-3-55)

2.12.280 Sale to minors.

It is unlawful to sell or offer for sale any fireworks to children under the age of fourteen years unless accompanied by a parent or guardian.

(Prior code § 2-3-56)

2.12.290 Identification and marking.

No permissible article of common fireworks enumerated in Section 2.12.270 shall be sold, offered for sale, possessed, stored or used in the city unless it shall be properly named to conform to the nomenclature of that section, and unless it is certified as "common fireworks" on all shipping cases and by imprinting on the article to be of sufficient size and so positioned as to be readily recognized by law enforcement authorities and the general public.

(Prior code § 2-3-57)

2.12.300 Retail handling.

All retailers are forbidden to expose fireworks where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original packages, and all fireworks kept for sale on front counters must remain in original packages, except where an attendant is on constant duty; provided, however, that fireworks in open stock may be kept in show cases or counters out of reach of the public without an attendant being on duty. Signs reading "FIREWORKS FOR SALE—NO SMOKING ALLOWED" shall be displayed in the section of the store set aside for the sale of fireworks.

(Prior code § 2-3-58)

2.12.310 Storage near flammable material.

Fireworks shall not be sold or kept for sale in a place of business where paints, oils, varnish, turpentine, gasoline or other flammable substances are kept in unbroken containers, unless in a separate and distinct section or department of the store.

(Prior code § 2-3-59)

2.12.320 Licenses.

All retailers shall, before commencing business, obtain a license from the clerk-treasurer. The clerk-treasurer shall issue such license only after approval of the applicant and the place of business by the fire chief.

(Ord. O-10-93 § 4 (part), 1993; prior code § 2-3-60)