Existing Chapter 549, Weapons and Explosives, of the Oakwood General Offenses Code, is hereby repealed, and new Chapter 549, Weapons and Explosives, of the Oakwood General Offenses Code, is hereby enacted to read as follows:
(a)No person shall possess fireworks for sale at retail, or sell fireworks at retail, within the City.
(b)Except for fireworks displays under Section 549.02 below, and except as provided in ORC 3743.80, no person shall discharge, ignite, or explode any fireworks in this City.
(c)Whoever violates this section is guilty of a misdemeanor of the third degree.
(a)An exhibitor of fireworks licensed under ORC 3743.50 through 3743.55 who wishes to conduct a public fireworks exhibition shall apply for approval to conduct the exhibition to the Director of the Department of Public Safety.
(b)The approval required by paragraph (a) of this section shall be evidenced by that Director signing a permit for the exhibition. Any exhibitor of fireworks who wishes to conduct a public fireworks exhibition may obtain a copy of the form from the State Fire Marshal or, if it is available, from the Safety Director.
(c)Before signing a permit and issuing it to a licensed exhibitor of fireworks, the Safety Director 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 exhibit of fireworks to the Director.
(d)The Safety Director shall give his approval to conduct a public fireworks exhibition only if he is 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 State Fire marshal pursuant to ORC 3743.53(B) and the applicant is in fact, a licensed exhibitor of fireworks. The Safety Director may inspect the premises immediately prior to the exhibition to determine if the exhibitor has complied with the rules, and may revoke a permit for noncompliance with the rules.
(e)The Safety Director shall not issue a permit until the exhibitor pays any requisite fee set in the general fee schedule issued by the City Manager.
(f)Each exhibitor shall provide an indemnity bond in the amount of at least $1,000,000 issued by a surety company authorized to do business in the State of Ohio and in a form satisfactory to the City Attorney, conditioned for the payment of all final judgments that may be rendered on account of injury, death, or loss to persons or property emanating from the fireworks exhibition, or proof of insurance coverage of at least $1,000,000 for liability arising from injury, death, or loss to persons or property emanating from the fireworks exhibition. The City shall be an additional insured under that policy, and the deductible under the policy may not exceed $1,000. The City Council by resolution may require the exhibitor to provide an indemnity bond or proof of insurance coverage in amounts greater than those required by this paragraph. The Safety Director shall not issue a permit until the exhibitor provides the bond or proof of the insurance coverage required by this division or by the City Council.
(g)Each permit for a fireworks exhibition issued by the Safety Director shall contain a distinct number, together with the name of this City. A copy of each permit issued shall be forwarded by the Director issuing it to the State Fire Marshal. A permit is not transferable or assignable.
(h)The Director shall keep a record of issued permits and fireworks exhibitions. In this list, the Director 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