Chapter 8.06
FIREWORKS
Sections:
8.06.040 Fireworks.
A. The sale, offer for sale, possession, and use of fireworks, other than exempt fireworks, is prohibited within the city of Lincoln City.
B. Fireworks displays that have been issued a state fire marshal general fireworks display permit are exempt from the prohibitions of this chapter.
C. The city may confiscate, destroy, remove, or have removed at the owner’s expense all fireworks in violation of this section, when necessary for the preservation of public safety.
D. “Fireworks,” “fireworks display,” and “exempt fireworks” have the meanings defined in ORS 480.111. The current definition of exempt fireworks in ORS 480.111 is as follows:
(5) “Exempt fireworks” means the following:
(a) Paper caps containing 0.25 grains or less of explosive mixture and toy guns, canes or other devices designed for firing those caps.
(b) Snakes or similar smoke-producing items containing 100 grains or less of combustible substances.
(c) Model rockets and model rocket motors that are used to propel recoverable models of rocket.
(d) Novelties and trick noisemakers.
(e) Emergency signaling devices, if used in railroad, boat, motor vehicle or other means of transportation for warning or illumination purposes.
(f) Blank cartridges of a type used:
(A) For theater or other shows;
(B) For signaling or ceremonial purposes in athletics or sports; or
(C) By the militia, an organization of war veterans or other organizations, if parading an armed color guard.
(g) Cartridges, shells or gunpowder for use in legally permitted types of firearms.
(h) Military pyrotechnic and signaling devices classified by the United States Department of Transportation as Division 1.4 compatibility group S explosives that are assigned to and in the possession of the Armed Forces of the United States, or an authorized agent of the armed forces, as inventory for use by the armed forces or agent in training active members of the armed forces in their duties.
(i) Other items that in the judgment of the State Fire Marshal do not require regulation or restrictions on sale.
E. Violation of this section is a Class B violation and is punishable by citation as provided in Chapter 1.16 LCMC. No provision of this chapter shall interfere or excuse the prosecution of persons using or possessing fireworks deemed illegal under ORS 480.120 (a Class B misdemeanor criminal offense).
F. Notwithstanding the exemption above for “exempt fireworks,” other city ordinances prohibit any type of firework, including consumer and exempt fireworks, in any city parks or open space, on any city property, on any city streets or on any right-of-way in the city. Such offense carries a minimum $250.00 fine. (Ord. 2022-21 § 1)