067-86 Ordinance
RECORD OF ORDINANCES 11 9
National Graphics Corp., COls., O. ~ Form No. 2806-A
Ordinance N 0 .__________~?_-:::~~____ p assed____________ ._______________.________.____._____19 _.___ __
AN ORDINANCE TO ADOPT A NEW CHAPTER
IN THE FIRE PREVENTION CODE ON
, FIREWORKS IN ORDER TO COMPLY WITH
i CURRENT STATE LAW.
,
WHEREAS, by Amended Senate Bill 61, effective May 30, 1986,
the Ohio General Assembly revised Ohio Revised Code Chapter
3743 pertaining to fireworks;
WHEREAS, Article XVII I , Section 3 of the Ohio Constitution
requires ordinances which are enacted as an exercise of the
municipality's police powers to comply with general State law;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Vi llage
of Dub li n , County of Franklin, State of Ohio, 6 of the
elected members concurring that:
Section 1. That Chapter 1523 of Part Fifteen - Fire Prevention
Code of the Codified Ordinances as attached hereto, is hereby
adopted.
Section 2. That Sections 1523.02 and 1523.03 shall be effective
December 1, 1986, on which date Section 549.09 of the General
Offenses Code shall be repealed.
Section 3. That Section 1523.05(g) shall be effective January
1 , 1987.
Section 4. That Sections 1523.01, 1523.04 and 1523.05(a) to
(f) shall be in effect and Section 549.08 of the General Offenses
Code shall be repealed at the earliest time permitted by law.
Section 5. This Ordinance shall take effect and be in force
from and after the earliest period permitted by law.
Passed this 6th day of October , 1986.
Mayor - Presiding Officer
Attest:
- ~~.ti-~
derk of Cou cil I hereby certify that copies of this Ordinance/Resollltinn
were posted rn the Vii:J;;;' ~f Dublin ;n ';cccrdanc )_'
SectIOn 731 ')t. . hr' .' " e Wiln
.<.J at La 'v',"J ,;c''.iScd Code
/J '
--J/r/l~~. 't4-~
Clerk of Council
CHAPTER 1523
Fireworks
EDITOR'S NOTE: To coincide with the effective dates
specified in Senate Bill 61 as enacted hy the Ohio
Legislature, the ordinance that enacted this chapter
specified that the provisions of this chapter are
effective at the same time the provisions of such
adopting ordinance are effective, except that
Section 1523.02 and 1523.03 are effective Decemher
1, 1986, and Section 1523.05(g) is effective January
1, 1987.
1523.01 Definitions 1523.04 Possession, sa le or
1523.02 Puhlic exhihition discharge prohihited~
permit required~ fee~ exceptions.
hond~ records. 1523.05 Application
1523.03 Unlawful conduct hy 1523.99 penalty
Exhihitor.
CROSS REFERENCES
Manufacturers to comply with huilding and zoning ordinances - see
Ohio Revised Code 3743.06(F)
~vholesa ler s to comply with huilding and zoning ordinances - see
Ohio Revised Code 3743.19 (G)
Ar res t s , se~zures of fireworks hy certified fir e sa fety inspector
- See Ohio Revised Code 3743.68
Conflict of Fire f1 a r s hal's rules with rules of Ohio Board of
Building Standards - see Ohio Revised Code 3781. 11 (D) .
1523.01 DEFINITIONS.
As used in this chapter:
(a) IIBeerll and lIintoxicating liquor II have the same meanings as in
Ohio Revised Code 4301.01.
( h) IIBoohy trapll means a small tuhe that has a string protruding
fr om hoth ends, that has a friction-sensitive composition and
that is ignited hy pulling the ends of the string.
( c) IICigarette loadll means a small wooden peg that is coated with
a small quantity of explosive composition and that is ignited in
a cigarette.
( d) IICont:rolled suhstancell has the same meaning as in Ohio
Revised Code 3719.01-
(e) IIFi:rewo:rksll means any composition o:r device p:repa:red fo:r the
pu:rpose of p:roducing a visihle o:r an audihle effect hy
combustion, deflag:ration o:r detonation, except o:rdina:ry matches
and except as p:rovided in Section 1523.05,
( f) IILicensed exhibito:r of fi:rewo:rksll o:r IILicensed exhihito:rll
means a person licensed pursuant to Ohio Revised Code 3743.50 to
3743.55.
(g) IILicensed manufactu:rer of fi:rewo:rksll or IILicensed
manufacturerll means a pe:rson licensed pursuant to Ohio Revised
Code 3743.02 to 3743.08.
(h) IILicensed wholesaler of firewo:rksll o:r IIlicensed wholesale:rll
means a pe:rson licensed pu:rsuant to Ohio Revised Code 3743.15 to
3743.21-
(i) IINovelties and t:rick noisemake:rs" include the following
items:
(1 ) Devices that p:roduce a small repo:rt intended to surprise
the user, including, hut not limited to, hoohy traps,
cigarette loads, party poppers and snappers;
(2 ) Snakes 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 friction-sensitive
explosive composition, that is ignited hy pulling 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 carries freight
or passengers for hire, hut does not include auxiliary tracks,
spurs and sidings installed and primarily used in serving a mine,
quarry or plant.
( l) "Smoke device" means a tuhe or sphere that contains
pyrotechnic composi tion that, upon igni tion, 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 hurning, which ash expands in length as the
pellet hurns.
(n) "Snapper" means a small, paper-wrapped item that contains a
minute quantity of explosive composition coated on small hits of
sand, and that, when dropped, implodes.
(0) "Trick match" means a kitchen or hook 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)
1523.02 PUBLIC EXHIBITION PERMIT REQUIRED: FEE: BOND: RECORDS.
(a) A licensed exhihitor of fireworks who wishes to conduct a
puhlic fireworks exhihition within the Municipality shall apply
for approval to conduct the exhihition to the Fire Chief and the
Police Chief.
The required approval shall he evidenced hy the File Chief
OI File Plevention OfficeI and the Police Chief signing a pelmit
fOI the exhihi tion, the fOI m fOI which sha 11 he pI escI ihed hy the
State File Malshal. Any exhihitoI of filewolks who wishes to
conduct a puhlic filewolks exhihition may ohtain a copy of the
fOlm flom the File Malshal OI, if it is availahle, flom the File
Chief, File Plevention OfficeI OI Police Chief.
(h) Befole signing a pelmit and issuing it to a licensed
exhihitoI of fiI eWOI ks, the File Chief OI File Plevention OfficeI
and the Police Chief shall inspect the plemises on which the
exhihition will take place and shall detelmine that, in fact, the
applicant fOI the pelmit is a licensed exhihitoI of fileWOlks.
Each applicant shall show his license as an exhihitoI of
filewolks to the File Chief OI File Plevention OfficeI and the
Police Chief.
The File Chief OI File Plevention OfficeI and the Police
Chief shall give theiI apploval to conduct a puhlic fileWOlks
exhihition only if they ale satisfied, hased on the inspection,
that the plemises on which the exhihition will he conducted allow
the exhihitoI to comply with the Iules adopted hy the File
Malshal pUlsuant to Ohio Revised Code 3743.53(B) and that the
applicant is, in fact, a licensed exhihitoI of filewolks. The
FiI e Chief OJ: File Plevention OfficeI and the Police Chief may
inspect the plemises immediately plioI to the exhihition to
deteJ:mine if the exhihitor has complied with the I ules, and may
J:evoke the peJ:mit fOI noncompliance with the Iules.
(c) The Fixe Chief ox Fixe Pxevention Officex and the police
Chief shall not issue a pexmit until the applicant pays a pexmit
fee of twenty-five ( $ 2 5 . 00 ) dollax s, plus any necessaxy costs of
investigation of the applicant and of inspecting the pxemises on
which the exhinition will be conducted.
Each exhinitox shall pxovide an indemnity bond in the amount
of at least one hundxed thousand dollaxs ($100,000.00) with
suxety satisfaction to the Fixe Chief OI File Plevention Officex
and the Police Chief, conditioned fOI the payment of all final
judgments that may be Iendeled against the exhibitoI on account
of injuxy, dea th, ox loss to pel sons OI pxopeI ty emanating fIom
the filewolks exhibition, OI pIoof of insuIance coveIage of at
least one hundIed thousand dollaIs ($100,000.00) fOI liability
alising fIom injulY, death, OI loss to peIsons OI plopelty
emanating fx om the filewoxks exhibition. The Legislative
Authoxity may Iequile the exhibitoI to pxovide an indemnity bond
OI pIoof of insuIance covelage in amounts gIeateI than those
Iequiled by this subsection. The File Chief ox File Plevention
OfficeI and Police Chief shall not issue a pelmit until the
exhibitoI plovides the bond OI ploof of the insulance covelage
Iequiled by this subsection.
(d) (1) Each pelmit fOI fiI eWOI ks exhibi tion issued by the
Fixe Chief OI Fixe Plevention OfficeI and the Police
Chief shall contain a distinct numbeI , togetheI with a
designation of the Municipality. A copy of each pelmit
issued shall be fOlwalded ny the File Chief OI File
pxevention OfficeI and the Police Chief issuing it to
the File l1aIshal, who shall keep a IeCOld of the
permits he receives. A permit is not transferanle or
assignanle.
(2 ) The Fire Chief, Fire Prevention Officer and Police
Chief shall keep a record of issued permits for
fireworks exhinitions. In this list, the Fire Chief,
Fire Prevention Officer or Police Chief shall list the
name of the exhinitor, his license numner, the premises
on which the exhinition will he conducted, the date and
time of the exhinition and the numher of the permit
issued to the exhinitor for the exhihition.
(ORC 3743.54)
1523.03 UNLAWFUL CONDUCT BY EXHIBITOR.
(a) No licensed exhinitor of fireworks shall fail to comply with
the rules adopted hy the Fire Marshal pursuant to Ohio Revised
Co d e 3 743 . 53 ( B) .
( h) No licensed exhihitox of fireworks shall conduct a fireworks
exhinition unless a permit has neen secured for the exhinition
pursuant to Section 1523.02 or if a per mi t so secured is revoked
hy the Fire Chief or Fixe Prevention Officer and Police Chief
pursuant to that section.
(c) NO licensed exhihitor of fireworks shall acquire firewoxks
for use at a fireworks exhihition other than in accordance with
Ohio Revised Code 3743.54 and 3743.55.
(d) No licensed exhihitor of fireworks or other person associated
with the conduct of a fixeworks exhihition shall have in his
possession or undex his control, or he under the influence of,
any intoxicating liquor, heer or contr.olled sunstance while on
the premises on which the exhihition is heing conducted.
(ORC 3743.64)
1523.04 POSSESSION, SALE OR DISCHARGE PROHIBITED; EXCEPTIONS.
(a) No pelson shall possess filewolks in this l1unicipality Ol
shall possess fOl sa Ie Ol sell filewolks in this Municipality,
except a licensed manufactUlel of fileWOlks as autholized by Ohio
Revised Code 3743.02 to 3743.08, a licensed wholesaleJ: of
filewolks as authOlized hy Ohio Revised Code 3743.15 to 3743.21,
an out-of-state J:esident as autholized hy Ohio Revised Code
3743.44, a lesident of this State as autholized hy Ohio Revised
Code 3743.45, Ol a licensed exhibitol of filewolks as authOlized
by Ohio Revised Code 3743.50 to 3743.55 and Section 1523.02 and
except as plovided in Section 1523.05.
(b) Except as pJ:ovided in Section 1523.05 and except fOl
licensed exhibitols of filewolks autholized to conduct a
filewolks exhibition pUlsuant to Ohio Revised Code 3743.50 to
3743.55 and section 1523.02, no pelson shall dischalge, ignite,
Ol explode any fileWOlks in this l1unicipality.
( c) No pelson shall use in a theatel Ol public hall, what is
technically known as filewolks showel s, Ol a mixtule containing
potassium chlOlate and sulphul.
( d) No pel son shall sell fileWOlks Ol spalklels of any kind to a
pelson undel eighteen yeals of age.
(e) No pel son shall adveltise filewolks fOl sale. A sign located
on a sellel's plemises identifying him as a sellel of filewolks
is not the adveltising of filewolks fOl sale (ORC 3743.65)
1523.05 APPLICATION.
This chaptel does not plohibit Ol apply to the following:
(a) The manufactule, sale, possession, tlanspoltation, stolage Ol
use in emelgency situations, of pYlotechnic signaling devices and
--
distJ:ess signals fOJ: maJ:ine, aviation OJ: highway use:
( b) The manufactuJ:e, sale, possession, tJ:anspoJ:tation, stoJ:age OJ:
use of fusees, tOJ:pedos OJ: otheJ: signals necessaJ:Y fOJ: the sa fe
opeJ:ation of J:ailJ:oads;
( c) The manufactuJ:e, sale, possession, tJ:anspoJ:tation, storage OJ:
use of blank caJ:tJ:idges in connection with theateJ:s OJ: shows, OJ:
in connection with athletics as signals fOJ: ceJ:emonial pUJ:poses;
( d) The manufactuJ:e for., the tJ:anspor.tation, stoJ:age, possession
OJ: use by, or. sale to the AJ:med Forces of the united States and
the militia of this State of pYJ:otechnic devices;
( e) The manufactuJ:e, sale, possession, tJ:ansportation, stoJ:age OJ:
use of toy pistols, toy canes, toy guns OJ: otheJ: devices in which
pa peJ: OJ: plastic caps containing twenty-five hundredths gr.ains or.
less of explosive mateJ:ial are used, provided that they aJ:e
constJ:ucted so that a hand cannot come into contact with a cap
when it is in place for explosion, OJ: apply to the manufactuxe,
sale, possession, transpoxtation, stoJ:age ox use of those caps;
( f) The manufactuxe, sa le, possession, txansportation, stoxage OJ:
use of novelties and tJ:ick noisemakexs, auto buxglar alaJ:ms or.
model rockets and model J:ocket motoJ:s designed, sold and used fOJ:
the puxpose of pxopelling xecoverahle aexo models:
(g) The manufactuxe, sale, possession, txanspoxtation, stoxage or
use of spaJ:klexs on a wixe stick, as this tex m is defined in the
xegulations of the United States Depar.tment of TJ:anspoJ:tation.
(ORC 3743.80)
1523.99 PENALTY.
WhoeveJ: violates any pJ:ovision of this chapter. is guilty of
a misdemeanoJ: of the fixst degree fOJ: a fiJ: st offense and shall
he fined not more than one thousand dollars ($1,000.00) or
imprisoned not more than six months or hoth.
(Ol{C 3743.99(C))
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