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Fireworks Ordinances

FIREWORKS

97.075 DEFINED.

FIREWORKS shall mean any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation and which meets the definition of common or special fireworks set forth by the United States Department of Transportation in C.F.R. Title 49. (1999 code, 7-401) Statutory reference: Similar provisions, see Neb. RS 28-1241

97.076 PERMITTED FIREWORKS.

1. It shall be unlawful for any person to ignite or cause to be exploded fireworks or firecrackers of any description whatsoever, except sparklers, vesuvious fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charges for the purpose of making a noise, color wheels, lady fingers, not exceeding seven-eighths inch in length or one-eighth inch in diameter, and which do not contain more than 50 milligrams each in weight of explosive material.
2. The provisions of this section shall not apply to any fireworks to be used for purpose of public exhibitions or display under authorization of the governing body or to fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal. (1999 code, 7-402) Penalty, see 97.999

97.077 SALE AND USE.

It shall be unlawful for any person to sell, hold for sale or offer for sale as distributor, jobber or retailer any fireworks without first obtaining a license from the State Fire Marshal. Licensees shall only sell fireworks which have been approved by the State Fire Marshal and permissible fireworks may be sold at retail only between December 28 and January 1 , and between June 24 and July 5 of each year. During these dates, it shall be unlawful to discharge, explode or use permissible fireworks on any Monday through Thursday prior to 10:00 a.m. and after 11:00 p.m., and on any Friday, Saturday, Sunday or July 4 prior to 10:00 a.m. and after midnight.

(1999 code, 7403) (Ord. passed 12-7-1999; Ord. 02-759, passed 642002; Ord. 05-683, passed 6-23-2005; Ord. 10-716, passed 9-14-2010) Penalty, see 97.999 Statutory reference: Authority or similar provisions, see Neb. RS 28-1246 through 28-1250

97.078 PROHIBITED USES.

1. It shall be unlawful for any person to discharge, explode, fire, launch or throw any fireworks or any object which explodes upon contact with another object:
   1. From or into any motor vehicle;
   2. At or near any person;
   3. Into or upon any building;
   4. Onto or at any group of persons; or
   5. Into or upon the premises of another person.
2. For purposes of this section, PERSON shall mean any natural person or any private or public firm, partnership or corporation. It shall further be unlawful for any person to discharge, fire, launch or throw any fireworks from, to or on any private property without the expressed permission of the owner of the property. The provisions of this section shall not apply to any fireworks to be used for the purpose of public exhibitions or displays under authorization of the governing body. (1999 code, 7-404) (Ord. 02-580, passed 6-4-2002) Penalty, see 97.999

 97.999 PENALTY.

1. Any person, or any person's agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.
2. (1) Whenever a nuisance exists as defined in this title, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.

(2) Whenever, in any action, it is established that a nuisance exists, the Court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case. (1999 code, 7-501) (Ord. 00-20, passed 6-6-2000)