Chapter 5.24
FIREWORKS1
Sections:
5.24.050 Exceptions for authorized exhibits – Permits required.
Prior legislation: Ord. 68-6.
5.24.010 Short title.
The ordinance codified in this chapter shall be known and cited as the “Fireworks Control Ordinance of the City of Homer.” [Code 1967 § 18-100.1].
5.24.020 Fireworks defined.
In this chapter, “fireworks” includes any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons which require explosive propellant, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, or other fireworks of like construction, which contain any explosives or flammable compound, or any tablets or other device containing any explosive substance, except that the term “fireworks” shall not include sparklers, toy pistols, toy canes, toy guns or other devices in which paper caps, manufactured and shipped in accordance with the United States Interstate Commerce Commission regulations regarding such caps, are used, the sale and use of which shall be permitted at all times. For the purposes of this chapter, “fireworks” includes lighted free-floating luminaries that use heat from combustion for lift, otherwise known as sky lanterns, Chinese lanterns, paper lanterns and celebration lanterns, excluding piloted balloons. The discharge of firearms as permitted by City ordinance shall not be a violation of this chapter. [Ord. 17-16(A) § 1, 2017. Code 1967 § 18-100.1].
5.24.030 Sale prohibited.
No person, business, corporation, association, club or organization shall sell, expose for sale, or offer for sale any fireworks within the corporate limits of the City except as otherwise provided by this chapter. [Code 1967 § 18-100.2].
5.24.040 Prohibition on use.
No person, business, corporation, association, club or organization shall use or explode any fireworks, except as otherwise provided by this chapter. [Code 1967 § 18-100.3].
5.24.050 Exceptions for authorized exhibits – Permits required.
Fireworks may be used for public exhibits by fair associations, amusement parks and other organizations or groups of individuals if a special event permit is first obtained from the City Manager per the permitting process under Chapter 5.46 HCC. [Ord. 22-14 § 1, 2022; Ord. 04-03, 2004. Code 1967 § 18-100.4].
5.24.060 Violation – Penalty.
The penalty for an offense in this chapter is the fine listed in the fine schedule in HCC 1.16.040. If no fine is listed for the offense in HCC 1.16.040, then the defendant must appear in court and, if convicted, is subject to the general penalty as provided in HCC 1.16.010 unless another penalty is specifically provided. [Ord. 18-11 § 4, 2018].
For statutory provisions authorizing municipalities to regulate fireworks, see AS 29.35.210.