Granville Community Calendar

Ordinance 20-1986

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BY:
AN ORDINANCE TO REPEAL SECTIONS 549. 10 AND 549. 11 OF THE CODE OF
ORDINANCES OF THE VILLAGE OF GRANVILLE AND TO ESTABLISH CHAPTER
555 OF THE CODE OF ORDINANCES OF THE VILLAGE OF GRANVILLE TO
COMPLY WITH OHIO SENATE BILL 61, REQUIRING EXHIBITORS OF
FiREWORKS TO OBTAIN PERMITS, PROHIBITING CERTAIN CONDUCT BY
EXHIBITORS, PROHIBITING POSSESSION OF FIREWORKS, AND INCREASING
PENALTIES FOR THE SALE OR DISCHARGE OF FIREWORKS.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO:
Section
Section II:
555. 01
555. 02
555. 03
d)
e)
a)
b)
I That sections 549. 10 and 549. 11 of the Code of
Ordinances of the Village of Granville are hereby
repealed.
That Chapter 555 is hereby established as follows:
CHAPTER 555
Fireworks
Definitions 555. 04
Public exhibition permit
required; fee; bond;
records. 555. 05
Unlawful Conduct by 555. 99
Exhibitor.
CROSS REFERENCES
Possession, sale, or
dischatge prohibited;
exceptions.
Application.
Penalty
Manufacturers to comply with building and zoning ordinances -
see Ohio R.C. 3743. 06 (F)
Wholesalers to -comply with building and zoning ordinances -
see Ohio R. C. 3743.19 (G)
Arrests, seizure of fireworks by certified fire safety
inspector -see Ohio R. C. 3743. 68
Conflict of Fire Marshal' s rules with rules of Ohio Board of
Building Standards -see Ohio R>C>3781 (D)
555. 01 DEFINITIONS.
As used in this chapter:
Beer" and "intoxicating liquor" have the same meanings
as in Ohio R. C. 4301. 01.
Booby trap" means a small tube that has a string
protruding from both ends, that has a friction-sensitive
composition and that is ignited by pulling the ends of
the string.
C) Cigarette load" means a small wooden peg that is coated
with a small quantity of explosive composition and that
ignited in a cigarette.
Controlled substance" has the same meaning as in Ohio
R.C. 3719. 01.
Fireworks" means any composition or device prepared for
the purpose of producing a visible or an audible effect
by combustion, deflagration or detonation, except
ordinary matches and except as provided in Section
1519.05. ,
f) Licensed exhibitor of fireworks" or "licensed exhibitor"
means a person licensed pursuant to Ohio R.C. 3743. 50 to
3743. 55.
g) Licensed manufacturer of fireworks' or "licensed
manufacturer" means a person licensed pursuant to Ohio
R.C. 3743. 02 to 3743. 08.
ORDINANCE NO. 20-86
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Ordinance No. 20-86
Page 2
h) Licensed wholesaler of fireworks" or "licensed wholesaler"
means a person licensed pursuant to Ohio R. C.
3743. 15 to 3743. 21.
i) Novelties and trick noisemakers" include the following
items:
1) Devices that produce a small report intended to
surprise the user, including, but not limited to,
booby traps, cigarette loads, party poppers and
snappers;
2) Snake or glow worms;
3) Smoke devices;
4) Trick matches.
j) Party popper" means a small plastic or paper item that
contains not more than sixteen milligrams of frictionsensitive
explosive composition, that is ignited by
pulling a string protruding from the item, and from which
paper streamers are expelled when the item is ignited.
k) Railroad" means any railway or railroad that carrier
freight or passengers for hire, but does not include
auxiliary tracks, spurs and sidings installed and
primary effect.
1) Smoke device" means a tube or sphere that contains
pyrotechnic composition that, upon ignition, produces
white or colored smoke as the primary effect.
m) Snake or glow worm" means a device that consists of a
pressed pellet of pyrotechnic composition that produces
a large, snake-like ash upon burning, which ash expands
in length as the pellet burns.
n) Snapper" means a small, paper-wrapped item that contains
a minute quantity of explosive composition coated on
small bits of sand, and that, when dropped, implodes.
O) Trick match" means a kitchen or book match that is
coated with a small quantity of explosive composition and
that, .upon ignition, produces a small report or a shower
of sparks.
ORC 3743. 01)
555. 02 PUBLIC EXHIBITION PERMIT REQUIRED; FEE; BOND; RECORDS.
a) A licensed exhibitor of fireworks who wishes to conduct a
public fireworks exhibition with the Municipality shall apply
for approval to conduct the exhibition to the Fire Chief and
the Police Chief.
The required approval shall be evidenced by the Fire
Chief or Fire Prevention Officer and the Police Chief signing
a permit for the exhibition, the form for which shall be prescribed
by the State fire Marshal. Any exhibitor of fireworks
who wishes th conduct a public fireworks exhibition may obtain
a copy of the form from the Fire Marshal or, if it is available,
from the Fire Chief, Fire Prevention Office or Police
Chief.
b) Before signing a permit and issuing it to a licensed
exhibitor of fireworks, the Fire Chief or Fire Prevention
Officer and the Police Chief shall inspect the premises on
which the exhibition will take place and shall determine that,
in fact, the applicant for the permit is a licensed exhibitor
of fireworks. Each applicant shall show his license as an
exhibitor of fireworks to the Fire Chief or Fire Prevention
Officer and the Police Chief.
The Fire Chief or Fire Prevention Officer and the Police
Chief shall give their approval to conduct a public fireworks
exhibition only if they are satisfied, based on the
inspection, that the premises on which the exhibition will be
conducted allow the exhibitor to comply with the rules adopted
by the Fire Marshal pursuant to Ohio R.C. 3743. 53 (B) and
that the applicant is, in fact, a licensed exhibitor of
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Ordinance No. 20-86
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fireworks. The Fire Chief or Fire Prevention Officer and the
Police Chief may inspect the premises immediately prior to the
exhibition to determine if the exhibitor has complied with the
rules, and may revoke the permit for noncompliance with the
rules.
C) The Fire Chief or Fire Prevention Officer and the Police
Chief shall not issue a permit until the applicant pays a
permit fee of twentyf-ive dollars (2$5. 00) plus any necessary
costs of investigation of the applicant and of inspecting the
premises on which the exhibition will be conducted.
Each exhibitor shall provide an indemnity bond in the
amount of at least one hundred thousand dollars (1$00,000),
with surety satisfactory to the Fire Chief of Fire Prevention
Officer and the Police Chief, conditioned for the payment of
all final judgments that may be rendered against the
exhibitor on account of injury, death or loss to persons or
property emanating from the fireworks exhibition, or proof
of insurance coverage of at least one hundred thousand dollars
100,000) fot liability arising from injury, death or loss
to persons or property emanating from the fireworks
exhibition. The Legislative Authority may require the
exhibitor to provide an indemnity bond or proof of insurance
coverage in amounts greater than those required by this
subsection. The Fire Chief or Fire Prevention Officer and
Police Chief shall not issue a permit until the exhibitor
provides the bond or proof of the insurance coverage required
by this subsection.
d) 1) Each permit for a fireworks exhibition issued
by the Fire Chief or Fire Prevention Officer
and the Police Chief shall contain a distinct
number, together with a designation of the
Municipality. A copy of each permit issued
shall be forwarded by the Fire Chief or Fire
Prevention Officer and the Police Chief
issuing it to the Fire Marshal, who shall keep
a record of the permits he receives. A permit
is not transferable or assignable.
2) The Fire Chief, Fire Prevention Officer and
Police Chief shall keep a record of issued
permits for fireworks exhibitions. In this
list, the Fire Chief, Fire Prevention Officer
or Police Chief shall list the name of the
exhibitor, his license number, the premises
on which the exhibition will be conducted,
the date and time of the exhibition and the
number of the permit issued to the exhibitor
for the exhibition.
ORC 3743. 54)
555. 03 UNLAWFUL CONDUCT BY EXHIBITOR.
a) No licensed exhibitor of fireworks shall fail to comply
with the rules adopted by the Fire Marshal pursuant to Ohio
R.C. 3743.53 (B).
b) No licensed exhibitor of fireworks shall conduct a
fireworks exhibition unless a permit has been secured for the
exhibition pursuant to Section 1519. 02 or if a permit so
secured is revoked by the Fire Chief or Fire Prevention
Officer and Police Chief pursuant to that section.
C) No licensed exhibitor of fireworks shall acquire fireworks
for use at a fireworks exhibition other than in
accordance with Ohio R.C. 3743. 54 and 3743.55.
d) No licensed exhibitor of fireworks or other persons associated with the conduct of a fireworks exhibition shall
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Ordinance No. 20-86
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have in his possession or under his control, or be under the
influence of, any intoxicating liquor, beer or controlled
substance while on the premises on which the exhibition is
being conducted.
555. 04 POSSESSION, SALE OR DISCHARGE PROHIBITED; EXCEPTIONS.
a) No person shall possess fireworks in this Municipality or
shall possess for sale or sell fireworks in this Municipality,
except a licensed manufacturer of fireworks as authorized by
Ohio R.C. 3743. 02 to 3743. 08, a licensed wholesaler of fireworks
as authorized by Ohio R.C. 3743.15 to 3743. 21, an outof-
state resident as authorized by Ohio R.C. 3743. 44, a
resident of this State as authorized by Ohio R.C. 3743. 50 to
3743. 55 and Section 1519. 02 and except as provided in Section
1519. 05.
b) Except as provided in Section 1519. 05 and except for
licensed exhibitors of fireworks authorized to conduct a
fireworks exhibition pursuant to Ohio R.C. 3743: 50 to 3743. 55
and Section 1519.02, no person shall discharge, ignite or
explode any fireworks in this Municipality.
C) No person shall use in a theater or public hall, what is
technically known as fireworks showers, or a mixture containing
potassium chlorate and sulphur.
d) No person shall sell fireworks or sparklers of any kind
to a person under eighteen years of age.
e) No person shall advertise fireworks for sale. A sign
located on a seller' s premises identifying him as a seller of
fireworks is not the advertising of fireworks for sale.
ORC 3743. 65)
555. 05 APPLICATION.
This chapter does not prohibit or apply to the following:
a) The manufacture, sale, possession, transportation,
storage or use in emergency situations, of pyrotechnic
signaling devices and distress signals for marine, aviation or
highway use;
b) The manufacture, sale, possession, transportation,
storage or use of fuses, torpedoes or other signals necessary
for the safe operation of railroads;
C) The manufacture, sale, possession, transportation,
storage or use of blank cartridges in connection with theaters
or shows, or in connection with athletics as signals or for
ceremonial purposes;
d) The manufacture for, the transportation, storage,
possession or use by, or sale to the Armed Forces of the
United States and the militia of this State of pyrotechnic
devices;
e) The manufacture, sale, possession, transportation,
storage or use of toy pistols, toy canes, toy guns or other
devices in which paper or plastic caps containing twenty-five
hundredths grains or less of explosive material are used,
provided that they are constructed so that a hand cannot come
into contact with a cap when it is in place for explosion, apply to the manufacture, or sale, possession, transportation,
storage or use of those caps;
f) The manufacture, sale, possession, transportation,
storage or use of novelties and trick noisemakers, auto
burglar alarms or model rockets and model rocket motors
designed, sold and used for the purpose of propelling
recoverable aero models;
g) The manufacture, sale, possession, transportation,
storage or use of sparklers on a wire stick, as this term is defined in the regulations of the United States Department of
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Ordinance No. 20-86
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Transportation.
ORC 3743. 80)
555. 99 PENALTY.
Whoever violates any provision of this chapter is guilty of a
misdemeanor of the first degree for a first offense and shall
be fined not more than one thousand dollars (1$,000) or
imprisoned not more than six months or both.
ORC 3743. 99 (C))
Section III:
Passed this
est:
This ordinance shall take effect and be in force
from and after the earliest date allowed by law.
1lf- 4
erk of olfricti'
Approved as to form:
Law Director
day of „-1* UD 1986.
MaydU l
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