Chapter 9.72
FIREWORKS
Sections:
9.72.030 Sale or discharge of display fireworks prohibited.
9.72.040 Fireworks – Discharging general requirements.
9.72.010 Use of fireworks.
The use or exploding of fireworks shall not occur within the city except as may be provided for in this chapter. (Ord. 1885 § 1, 2018)
9.72.020 Definitions.
For purposes of this chapter, the following words shall have the following meanings:
“Consumer fireworks” or “1.4G fireworks” means small firework devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion as further defined by the International Fire Code as adopted by the city.
“Display fireworks” or “1.3G fireworks” means large firework devices which are explosive materials intended for use in firework displays and are designed to produce audible or visible effects by combustion, deflagration or detonation as further defined by the International Fire Code as adopted by the city.
“Firework” means any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth in this section.
Negligent. A person acts in a negligent manner with respect to a result or to a circumstance described by a provision of law defining an offense when the person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that the failure to perceive it constitutes a deviation from the standard of care that a reasonable person would observe in the situation. (Ord. 1885 § 1, 2018)
9.72.030 Sale or discharge of display fireworks prohibited.
It is unlawful for any person to offer for sale, expose for sale, sell, display, sell at retail or discharge any display fireworks except that the city may permit the display of the same as set forth in the International Fire Code as adopted by the city and as permitted by state law. (Ord. 1885 § 1, 2018)
9.72.040 Fireworks – Discharging general requirements.
(a) No person under the age of 18 shall discharge a consumer firework without parental supervision.
(b) A person shall only discharge a consumer firework device on real property they own or on property where consent has been given.
(c) No person shall discharge a consumer firework such that the firework including any debris therefrom shall enter or fall on property they do not own or on property where consent has not been given.
(d) Consumer fireworks shall not be discharged by persons showing visible signs of, or determined to be, intoxicated or under the influence of a drug or narcotic.
(e) Any person discharging a consumer firework device assumes all responsibility for its operation and the consequences thereof. No person shall discharge a consumer firework device in a negligent manner or manner likely to cause death, injury, fire or property damage.
(f) No person shall discharge a consumer firework device outside the following date and hours:
(1) Between the hours of 9:00 a.m. on July 4th and 1:00 a.m. on the immediately following day;
(2) Between the hours of 9:00 a.m. on December 31st and 1:00 a.m. on the immediately following day.
(g) No person shall discharge a consumer or display firework device when doing so has been prohibited by an order of the fire chief that such prohibition is warranted by climactic conditions, drought, fire danger, the ability to suppress fires or other factors which increase the likelihood of fire danger or impact the ability to fight fire.
(h) It shall be unlawful to alter, remove, or discharge components of a consumer firework device from its intended method of discharging. (Ord. 1885 § 1, 2018)
9.72.050 Violations.
Any person who violates any provision of this chapter shall be guilty of a violation, punishable by a fine not to exceed $500.00. (Ord. 1885 § 1, 2018)