Chapter 8.48


8.48.010    Defined.

8.48.020    Compliance with chapter required.

8.48.030    Permit – Issuance – Terms.

8.48.040    Permit – Bond required.

8.48.050    Certain uses exempted.

8.48.060    Sheriff’s authority to seize.

8.48.070    Violation – Penalty.

8.48.010 Defined.

For the purpose of this chapter, “fireworks” means and includes any combustible or explosive composition or any substance or combination of substances or articles prepared, designed, or intended for the purpose of entertainment, amusement, or pyrotechnic display which is manufactured to produce a visible or audible effect by combustion, explosion, deflagration, or detonation, and includes blank cartridges, toy pistols, toy cannons, or toy guns in which explosives are used; the type of balloons which require fire underneath to propel the same; firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, toy canes, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound; or any tablets or other device containing any explosive substance. This definition shall not include toy pistols where the caps used therein do not contain more than .35 grains of explosive mixture in each cap. (Res. L-280 § 1, 1950).

8.48.020 Compliance with chapter required.

It is unlawful for any person, firm, copartnership or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks in the county in areas lying outside of the incorporated cities and towns thereof, except as provided in this chapter. (Res. L-280 § 2, 1950).

8.48.030 Permit – Issuance – Terms.

The county sheriff is authorized to issue permits for supervised display of fireworks by any person, firm, copartnership, corporation or municipality in accordance with the provisions of this act. Application for permits shall be made in writing at least 15 days in advance of the date of display. After such permit has been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Every such display shall be handled by a competent operator to be approved by the sheriff and shall be of such a character and so located, discharged and fired as in the opinion of the sheriff, after proper inspection, shall not be hazardous to property or endanger any person or persons. (Res. L-280 § 3, 1950).

8.48.040 Permit – Bond required.

The county sheriff, before issuing any license, shall require a surety bond deemed adequate and subject to the approval of the officer issuing the permit from the licensee conditioned for the payment of all damages which may be caused to persons or property by reason of the licensed display and arising from any acts of the licensee, his agents, employees or subcontractors. Said bond shall run to the county for the use and benefit of any person, firm, copartnership, corporation or municipality having a cause of action against the obligor of said bond under the provisions of this chapter. (Res. L-280 § 4, 1950).

8.48.050 Certain uses exempted.

Nothing in this chapter shall be construed to prohibit any resident, as wholesaler, dealer or jobber, to sell at wholesale or retail such fireworks as are not expressly prohibited in this chapter; or the sale of any kind of fireworks provided the same are to be shipped directly out of the state; or the use of fireworks by railroads, other transportation agencies or other utilities for signal purposes or illumination; or the sale or use of blank cartridges for a show or theater; or for signal or ceremonial purposes in athletics or sports; or for use by military organizations or police agencies. (Res. L-280 § 5, 1950).

8.48.060 Sheriff’s authority to seize.

The county sheriff shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored or held in violation of this chapter. (Res. L-280 § 6, 1950).

8.48.070 Violation – Penalty.

Any person, firm, copartnership, corporation, association, or group or individuals violating the provisions of this chapter shall be guilty of a misdemeanor. (Res. L-280 § 7, 1950).