§ 19-6. Fireworks.

(a)

Use, storage, manufacture, etc., in city limits prohibited. It shall be unlawful to use, store, manufacture, sell, offer for sale, ignite or explode any character or kind of fireworks or firecrackers within the corporate limits of the city.

(b)

Nuisance per se; seize authorized. The storing of any character or kind of fireworks and/or firecrackers within the jurisdiction of the city in violation of this section is hereby declared to be a common and public nuisance per se. The fire marshal is directed and required to seize and cause to be safely destroyed any fireworks or firecrackers found within such jurisdiction in violation of this section, summarily to abate such nuisance.

(c)

Location of fireworks stands outside city limits regulated. All firework stands participating in the sale of any character or kind of fireworks and/or firecrackers shall be located not less than five thousand (5,000) feet from the corporate limits of the city, which shall be measured on a straight line from the nearest point of the city limit boundary line to the proposed fireworks stand.

(d)

Certificate of surveyor to be filed with city fire marshal. All firework stands participating in the sale of any character or kind of fireworks and/or firecrackers shall file a certificate from a registered surveyor with the city fire marshal stating that any and/or all of their firework stands are located not less than five thousand (5,000) feet from the corporate limits of the city. The certificate of surveyor shall be filed with the city's fire marshal prior to the commencement of sale of any character or kind of fireworks and/or firecrackers. Failure to file a certificate of surveyor with the city fire marshal prior to the commencement of sale of fireworks and/or firecrackers shall be a violation of this section.

(e)

Bushes and weeds to be cleared. All firework stands participating in the sale of any character or kind of fireworks and/or firecrackers shall be cleared of any tall grass, bushes or weeds within a twenty-five (25) feet circumference of the stand location.

(f)

Location in relation to buildings. All firework stands participating in the sale of any character or kind of fireworks and/or firecrackers shall not be located within twenty-five (25) feet from another building.

(g)

Fire extinguisher requirements. All firework stands participating in the sale of any character or kind of fireworks and/or firecrackers shall have the required fire extinguishers inside the stand mounted to the wall at a visible place to the public.

(h)

Supervision. All firework stands participating in the sale of any character or kind of fireworks and/or firecrackers shall be supervised and operated at all times by persons of eighteen (18) years of age or older.

(i)

Security. All firework stands participating in the sale of any character or kind of fireworks and/or firecrackers shall have appropriate security locking devices for nonoperation hours and any overnight storage of fireworks.

(j)

No smoking requirements. There shall be no smoking permitted within twenty-five (25) feet of any firework stand. There shall be no exploding or igniting of any kind of fireworks or firecrackers within fifty (50) feet of any firework stand. All firework stands shall prominently display no smoking signs within twenty-five (25) feet.

(k)

Penalty for violation; enforcement. Any violation of this section shall be punishable by a fine of two hundred dollars ($200.00). The city fire marshal is directed to enforce this section.

(Ord. of 11-13-1946; Ord. No. 69-06, 3-4-1969; Ord. No. 92-07, § 1, 3-3-1992; Ord. No. 99-09, § 1, 4-16-99)