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Article 4 - Fireworks

Article 4 – Fireworks

SECTION 8-401:  REGULATION OF USE, SALE, POSSESSION

SECTION 8-402:  DEFINITIONS

section 8-403:  DATES OF sale AND use

SECTION 8-404:  UNLAWFUL THROWING OF FIREWORKS

 

 

 

 

 

SECTION 8-401:  REGULATION OF USE, SALE, POSSESSION

    The use, sale, offer for sale, and possession of consumer fireworks in the city as defined by Neb. Rev. Stat. §28-1241 shall be governed and regulated by Neb. Rev. Stat. §§28-1241 to 28-1252, including any and all amendments thereto, together with any rules and regulations adopted by the state fire marshal for the enforcement of said sections.

SECTION 8-402:  DEFINITIONS

    A. “Consumer fireworks” means any of the following devices that (1) meet the requirements set forth in 16 C.F.R. Parts 1500 and 1507, as such regulations existed on January 1, 2010, and (2) are tested and approved by a nationally recognized testing facility or by the state fire marshal.

        1. Any small firework device designed to produce visible effects by combustion and which is required to comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission set forth in 16 C.F.R., as such regulations existed on January 1, 2010;

        2. Any small device designed to produce audible effects such as a whistling device;

        3. Any ground device or firecracker containing 50 milligrams or less of explosive composition; or

        4. Any aerial device containing 130 milligrams or less of explosive composition.

    Class C explosives as classified by the United States Department of Transportation shall be considered consumer fireworks.

    B. “Consumer fireworks” does not include:

        1. Rockets that are mounted on a stick or wire and project into the air when ignited, with or without report;

        2. Wire sparklers, except that silver and gold sparklers are deemed to be consumer fireworks until January 1, 2014;

        3. Nighttime parachutes;

        4. Fireworks that are shot into the air and after coming to the ground cause automatic ignition due to sufficient temperature;

        5. Firecrackers that contain more than 50 milligrams of explosive composition; and

        6. Fireworks that have been tested by the state fire marshal as a response to complaints and have been deemed to be unsafe.  (Neb. Rev. Stat. §28-1241)

section 8-403:  DATES OF sale AND use

    A. Consumer fireworks may be sold at retail only between June 24 and July 5 and between December 28 and January 1 each year.

    B. It shall be unlawful for any person to ignite or cause to be exploded fireworks or firecrackers of any description whatsoever, except that permitted fireworks may be ignited on (1) June 24 through July 4 of each year between the hours of 9:00 am. and 11:00 p.m. and (2) between the hours of 9:00 a.m. on December 31 and 1:00 am. January 1 each year.  If inclement weather is prevalent on July 4, permitted fireworks may be ignited until 12:00 am. on July 5 each year.

SECTION 8-404:  UNLAWFUL THROWING OF FIREWORKS

    A person commits the offense of unlawful throwing of fireworks if he or she throws any firework or any object which explodes upon contact with another object:

    A. From or into a motor vehicle;

    B. At or near any person;

    C. Into any building; or

    D. Into or at any group of persons.  (Neb. Rev. Stat. §§17-556, 28-1242)