Article 749
WEAPONS AND EXPLOSIVES
Sections:
749.01 Carrying concealed weapons – Exceptions.
749.02 Discharging firearms prohibited.
749.03 Discharging fireworks or explosives prohibited – Exception by council resolution.
749.05 Permit application – Filing time.
749.06 Final decision by city manager on permit issuance – No charge for permit.
749.07 Permit application information.
749.08 Permit required from the city manager.
749.09 Severability – Validity of remaining provisions.
749.01 Carrying concealed weapons – Exceptions.
No person shall carry within the city concealed upon his person any firearm, sling shot, handy-billy, dirk-knife, razor or any other deadly weapon. The fact of carrying such weapon shall be deemed sufficient to infer such intent. However, nothing contained herein shall be construed to prevent any person from carrying a revolver or gun for the protection of his person and property upon written permission from the police chief, nor to interfere with the right of any person to carry firearms who has been granted such right by the state or federal governments. (Ord. 1376 § 1, 1918)
749.02 Discharging firearms prohibited.
No person within the city shall discharge any firearms. (Ord. 49 § 6, 1870)
749.03 Discharging fireworks or explosives prohibited – Exception by council resolution.
No person, partnership, association or corporation shall sell, expose or offer for sale, give, discharge, fire, use, set off or explode any rocket, blank cartridge, pistol or other appliance for the use of blank cartridges, torpedoes, Roman candles, squibs, firecrackers, or other toy explosives or fireworks of any kind whatever, or any substance or explosive intended for pyrotechnical display. However, this section shall not apply to city pyrotechnical displays authorized by council resolution and conducted solely at public expense and which are under the supervision of the proper city officials as designated in such resolution; and provided further, that this section shall not apply to pyrotechnical displays authorized by permit of the city manager upon submission of an application for such a display filed with the city manager pursuant to the following MMC 749.04 through 749.08. (Ord. 2898 § 1, 1976; Ord. 2863 § 1, 1974; Ord. 1945 § 1, 1930)
749.04 Permit required.
No person, firm, partnership, association, corporation, company or organization shall engage in, be a part of, or participate in or start any pyrotechnical display of any kind whatsoever upon any property or place within the City of Meadville, unless a permit has first been obtained for such pyrotechnical display from the city manager of the City of Meadville. (Ord. 2863 § 2, 1974)
749.05 Permit application – Filing time.
An applicant seeking issuance of a pyrotechnical display permit shall file an application in such manner and on such forms as provided by the city with the city manager, not less than seven or more than 90 days prior to the proposed date on which the pyrotechnical display is to be conducted. (Ord. 2863 § 2, 1974)
749.06 Final decision by city manager on permit issuance – No charge for permit.
The chief of police and the fire chief shall, after concurrence with the city manager, submit their recommendations to the city manager as to the propriety of the issuance of such a permit. The city manager shall make the final decision on the issuance of said permit. Notification shall be given by the city manager to the applicant in writing as to whether the permit shall be issued or denied. Before a permit may be issued, a permit fee shall be paid in accordance with a schedule of fees determined and set from time to time by resolution of the city council. The pyrotechnical display permit fee shall be $100.00 until otherwise determined and set by resolution of the city council. (Ord. 3653 § 1, 2008; Ord. 2863 § 2, 1974)
749.07 Permit application information.
Application for a pyrotechnical display permit shall set forth the following information insofar as applicable:
(A) The name, address and telephone number of the person, firm, partnership, association, corporation, company or organization seeking to conduct such pyrotechnical display.
(B) If the pyrotechnical display is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of that organization and of the authorized heads of such organization, and also a communication in writing shall be filed with the city manager by person proposing to hold the pyrotechnical display authorizing the applicant to apply for the permit on behalf of the organization.
(C) The name, address and telephone number of the person or persons who will be in charge of and who will be responsible for the conduct of the display.
(D) The name, address and telephone number of the person, persons or professionals who will be in charge of the igniting of the display or otherwise in charge of said display and also including the prior experience of this person or persons in this field and other expertise acquired.
(E) The date and location of the pyrotechnical display to be conducted and the safety precautions to be taken for the protection of the persons attending said display.
(F) The insurance coverage to be in force, including liability and property damage insurance for said pyrotechnical display.
(G) The time when such pyrotechnical display will start and terminate, and the approximate number and/or vehicles that will be in attendance at such display.
(H) The number and types of fireworks to be used in the pyrotechnical display. (Ord. 2863 § 2, 1974)
749.08 Permit required from the city manager.
City manager shall issue a pyrotechnical permit when, from a consideration of the application and from such other information as be otherwise obtained or required, he finds that:
(A) The location of said pyrotechnical display is in an area of sufficient size for such a display as indicated by the application and will not constitute a hazard to the safety and well-being of the surrounding areas for pedestrian or vehicular traffic.
(B) The conduct of the pyrotechnical display will not require the diversion of so great a number of police officers of the city or fire department personnel of the city to properly maintain safety of the areas contiguous thereto so as to prevent normal police or fire protection to the City of Meadville.
(C) The conduct of such pyrotechnical display will not interfere with the movement of fire fighting equipment on route to a fire.
(D) The conduct of such pyrotechnical display is not reasonably likely to cause injury to persons or properties, to promote disorderly conduct or to create a disturbance within the City of Meadville.
(E) The insurance coverage as provided by the application is sufficient to insure the proper protection of the persons and properties of the citizens of the City of Meadville.
(F) The persons handling said pyrotechnical display have the necessary experience and expertise required to safely conduct such a display.
(G) The necessary safety precautions have been taken by the applicant to insure the safety and well-being of persons attending said display and the persons and property in area contiguous thereto.
(H) Recognizing that a pyrotechnical display is an ultra hazardous activity, that the conducting of such a display will not in any manner affect the safety and well-being of the persons and property of the city.
(I) The pyrotechnical display is not to be held for the purpose of advertising any product or goods and is not designated to be held for private profit in that the display is generally in the public interest. (Ord. 2863 § 2, 1974)
749.09 Severability – Validity of remaining provisions.
The provisions of MMC 749.03 through 749.08 are intended to be severable and if any of the sections, provisions, phrases or parts are held unconstitutional or void, the remainder of this article shall continue in full force and effect. It is hereby declared to be the legislative intent that this article would have been passed even if such unconstitutional or void matter had not been included herein. (Ord. 2863 § 2, 1974)
749.99 Penalty.
Any person convicted of the violation of any provisions of this article shall be sentenced to pay a fine not to exceed $500.00 or to imprisonment for a term not to exceed six months or both. (Ord. 3001, 1980)