Legal Documents of Sweetwater

The fire code is hereby amended as follows:

1. Fireworks. Article 13 of the fire code is deleted and replaced by the following:

   1. Fireworks defined. Fireworks shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, sky rockets, roman candles, cherry bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include auto flares, paper caps, and toy pistols, toy canes, toy guns, or other devices for use of such caps, the sale and use of which shall be permitted at all times.

   2. Manufacture, sale and discharge.

      1. The sale of fireworks within the corporate limits is permitted along designated areas near Interstate 75.
      2. The chief of the fire department shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by the city, fair associations, amusement parks, and other organizations. Every such display shall be handled by a competent operator approved by the chiefs of the police and fire departments of the municipality, and shall be of such a character, and so located, discharged or fired as in the opinion of the chief of the fire department, after proper inspection, shall not be hazardous to property or persons.
      3. Application for permits shall be made in writing at least fifteen days in advance of the date of the display. After such privilege shall have been granted, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
   3. Responsibility for fireworks display. The permittee shall be held responsible for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and rising from any acts of the permittee, his agents, employees or subcontractors.
   4. Disposal of unfired fireworks. Any fireworks that remain unfired after the display is conclude shall be immediately disposed of in a way safe for the particular type of fireworks remaining.
   5. Exceptions. Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale of 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.
   6. Seizure of fireworks. The chief of the fire department or any police having knowledge thereof shall seize, take, remove, or cause to be removed at the expense of the owner all stocks or fireworks offered or exposed for sale, stored, or held in violation of this chapter.

2. Explosives.

   1. § 12.2(h) is deleted and replaced as follows:

      Explosives shall include any combustible or explosive composition or any substance or combination of substances, or article prepared for the purpose of producing an explosion, and shall include detonator, detonator caps, TNT, nitro or nitrocellulose compounds, plastic charges or cements. This section shall not apply to firearms, ammunition, or gun powder.

   2. The following new sections are added to article 12 of the fire code:

      12.7 Manufacture, sale of explosives. The manufacture of explosives is prohibited within the city. It shall be unlawful for any person to store, offer for sale, sell at retail, or activate any explosive device without proper notification of chiefs of police and fire departments, whereas reasonable rules, storage locations, and proper safeguards may be maintained.

      12.8 Seizure of explosives. The chiefs of the fire and police departments shall seize, take, remove or cause to be removed at the expense of the owner any devices that in their opinion pose a hazard, or that is held in violation of this code. (1982 Code, § 7-208)