CHAPTER 133. REQUIREMENTS FOR PUBLIC DISPLAY, SALE, POSSESSION, TRANSPORTATION AND USE OF FIREWORKS AND PYROTECHNIC ARTICLES

Section

133.01 Sale of Fireworks

133.02 Age Restrictions – Purchasing, Possession, Transport

133.03 Age Restrictions – Selling, Handling

133.04 Sales Restricted to Retail Only

133.05 Public Fireworks Display

133.06 Training

133.07 Contraband (KRS 227.750)

133.08 State Law Affirmed

133.09 Penalties

133.10 Severability

§ 133.01 SALE OF FIREWORKS.

No fireworks shall be offered for sale within the city limits of Elizabethtown unless they comply with the definition of “consumer fireworks” as defined by the Consumer Product Safety Commission (Title 16 CFR Parts 1500 and 1507) and the Bureau of Alcohol, Tobacco and Firearms (Title 27 CFR Part 555.11). However, no consumer fireworks shall be offered for sale unless they comply with provisions of KRS Chapter 227.

(Ord. No. 10-2008, passed 06-16-08) (Am. Ord. No. 04-2010, passed 06-07-10)

§ 133.02 AGE RESTRICTION – PURCHASE, POSSESSION, TRANSPORT.

No person under the age of 18 shall purchase, possess, use or transport consumer fireworks (as defined in Section 133.01 except in the presence of a responsible adult.

(Ord. No. 10-2008, passed 06-16-08) (Am. Ord. No. 14-2011, passed 06-20-11)

§ 133.03 AGE RESTRICTION – SELLING, HANDLING.

No person under the age of 18 shall sell or otherwise handle fireworks for sale or transport. No person under the age of 18 shall visit and remain in a fireworks stand or storage facility as a family member or friend of an employee.

(Ord. No. 10-2008, passed 06-16-08)

§ 133.04 SALES RESTRICTED TO RETAIL ONLY.

No person shall offer fireworks at wholesale, or as a dealer, or jobber, with the city limits of Elizabethtown, except as provided for in KRS Chapter 227.

Fireworks shall not be sold or used, on city owned property, public rights-of-way or public places except for a lawful display of fireworks subsequent to issuance of fireworks permit under Chapter 133.05 of this section.

In addition to any permit or registration fee required by the State of Kentucky, the City of Elizabethtown will require a $100.00 permit fee for the issuance of certificate of occupancy to any temporary consumer fireworks retail sales facility as defined in NFPA 1124 (Chapter 3.329.1, 2006 edition).

(Ord. No. 10-2008, passed 06-16-08) (Am Ord. No. 04-2010, passed 06-07-10) (Am. Ord. 14-2011, passed 06-20-11)

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§ 133.05 PUBLIC FIREWORKS DISPLAY.

No person shall conduct a “public fireworks display” without obtaining the requisite permit from the State Fire Marshal’s Office in accordance with KRS Chapter 227. Public fireworks display shall be defined as any display of “consumer” or “display” fireworks at a public area or as any display of fireworks at a private location if the fireworks are other than those approved by section 133.01 of this section. The request for permit to the local Fire Chief shall be accompanied by a $100.00 permit fee, and a permit shall only be issued if the conditions of KRS 227.710, KRS 227.720 and NFPA 1123 (most current edition) have been met in total.

(Ord. No. 10-2008, passed 06-16-08) (Am. Ord. No. 04-2010, passed 06-07-10) (Am. Ord. No. 14-2011, passed 06-20-11)

§ 133.06 TRAINING.

Only persons “certified” through attendance at a locally recognized training program, or other program acceptable to the city Fire Marshall, will be designated a “competent operator” and thus allowed to supervise a public fireworks display. All display assistants shall be trained in the duties they are to perform, be under the direct supervision of the competent operator, and be at least 18 years old. Renewal of certification shall be automatic upon proof of actively participating in at least three (3) outdoor fireworks displays during the previous four (4) years.

(Ord. No. 10-2008, passed 06-16-08) (Am. Ord. No. 04-2010, passed 06-07-10)

§ 133.07 HOURS FOR USING FIREWORKS.

No person shall ignite fireworks between the hours of 11:00 p.m. and 8:00 a.m.

(Ord. No. 08-2012, passed 06-04-12)

§ 133.08 USE OF FIREWORKS ON CITY PROPERTY.

It is not permitted for any person to ignite fireworks on City property including parks and public spaces except for approved public fireworks displays.

(Ord. No. 08-2012, passed 06-04-12)

§ 133.09 CONTRABAND (KRS 227.750).

Any law enforcement officer, or designated Elizabethtown Fire Department officer, shall be legally authorized to confiscate fireworks defined in state law as “contraband” (KRS 227.750).

(Ord. No. 10-2008, passed 06-16-08) (Ord. No. 08-2012, passed 06-04-12)

§ 133.10 STATE LAW AFFIRMED.

All provisions of Kentucky State Law regarding the sale and use of fireworks shall continue in force and effect except as modified through enactment of this section.

(Ord. No. 10-2008, passed 06-16-08) (Ord. No. 08-2012, passed 06-04-12)

§ 133.11 PENALTIES.

Any person violating this section shall be cited for a civil offense pursuant to the Code Enforcement Board Ordinance and Fine Schedule. Each day of violation shall be considered a separate occurrence. The civil fine shall be paid directly to the City of Elizabethtown. If the fine is not paid within thirty (30) days from the date of notification, then the City may recover said fine in a civil action in a court of proper jurisdiction. The City may also obtain an injunction or abatement order to insure compliance with this section.

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The citing officer may at his or her discretion cite the offender to appear before the Code Enforcement Board (Ord. #09-2003).

(Ord. No. 10-2008, passed 06-16-08) (Am. Ord. No. 14-2011, passed 06-20-11) (Ord. No. 08-2012, passed 06-04-12)

§ 133.12 SEVERABILITY.

If any section, paragraph, clause or provision of this section shall be held invalid or ineffective for any reason, the remainder hereof shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this section would have been adopted despite the invalidity of such section, paragraph, clause or provision.

(Ord. No. 10-2008, passed 06-16-08) (Ord. No. 08-2012, passed 06-04-12)