§ 9-30. Fireworks.

(a)

Indoor fireworks prohibited. All fireworks and pyrotechnic devises and displays of any nature whatsoever are prohibited in any indoor or enclosed structure or any structure with a roof within the City of Cartersville city limits.

(b)

Outdoor fireworks permitted.

(1)

Prior to any individual being issued a fireworks special use permit or a permit for a professional fireworks display by the Probate Judge of Bartow County, said person must apply for a permit to use fireworks in the city.

(2)

Upon application for a permit on the form provided by the Cartersville Fire Department, and receipt of said form by the City of Cartersville Fire Department, the city shall review the applications and issue an approval or denial within five (5) business days of receipt of the application.

(3)

The fire marshal or his designee shall review the application and determine its compliance with the following requirements:

a.

All federal and State of Georgia laws, rules and regulations relating to firework displays and or the use of fireworks;

b.

That said applicant is licensed as required by the State of Georgia to perform fireworks;

c.

That said fireworks display as planned does not inherently place the public in danger;

d.

That all proper safety measures and distance requirements have been complied with.

(4)

The fees for these permits shall be determined by the mayor and city council.

(5)

If the city approves a professional fireworks permit, the permit applicant then can file for a request from the probate court to present a fireworks display.

(6)

If the request for a professional fireworks permit is denied, a copy of the denial will be forwarded by the Cartersville Fire Marshal or designee to the probate judge, with the recommendation that the probate judge not authorize said fireworks display.

(7)

If the applicant makes a request of the probate judge for a professional fireworks display, he must give the city written notice of said application at least three (3) business days prior to a hearing on said application by the probate judge.

(8)

Public displays consumer fireworks are allowed as part of public exhibitions or displays of fireworks, and the sale and transportation of fireworks for such use shall be allowed if properly permitted according to the provisions of O.C.G.A. ch. 25, art. 10, and section 9-32 of the City of Cartersville Code of Ordinances.

(9)

It shall be unlawful for any person, firm, corporation, association, or partnership to release or cause to be released any balloon, bag, parachute, or similar device which requires fire underneath for propulsion or to release or cause to be released any floating water lantern or wish lantern which uses a flame to create a lighting effect in any public waterway, lake, pond, stream or river.

(c)

It shall be unlawful for any person, firm, corporation or other entity to sell, offer to sell or use, explode, cause to be exploded, possess, manufacture, transport or store any fireworks within the corporate limits of the city, except as may be permitted under the provisions of O.C.G.A. tit. 25, ch. 10, and the "Rules and Regulations of the Safety Fire Commissioner", Chapter 120-3-22.

(d)

No consumer fireworks are allowed to be used, ignited, or caused to ignite on any property owned by, operated by, for or under the custody and control of the City of Cartersville, except pursuant to a special use permit. Said prohibition includes, but is not limited to, City of Cartersville parks, recreation facilities and buildings.

(e)

Penalty for violation of section. Any person, firm, corporation, association, or partnership violating the provisions of this section shall be subject to a fine of up to one thousand dollars ($1,000.00) per violation and/or six (6) months in jail per day, per violation.

(Ord. No. 20-00, 6-15-00; Ord. No. 12-03, § 2, 3-6-03; Ord. No. 20-15, § 1, 6-18-15; Ord. No. 13-16, § 1, 6-16-16)