11-2022 - Amend LCO 549 Fireworks

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ORDINANCE NO. 11-2022 Placed on 1st reading & referred to Public Safety 3/7/22; 2nd Reading 3/21/22 Baker, Bullock, Kepple, Litten, O'Malley, Rader, Shachner AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect and be in force after the earliest period allowed by law, amending Chapter 549.10, Fireworks, of the Codified Ordinances of the City of Lakewood in order to address and account for changes made to Ohio law and adopt a conforming local ordinance regulating fireworks: WHEREAS, the City desires to regulate the practice, possession, sale, and use of fireworks; and WHEREAS, the City desires to enact regulations that preserve citizens' quiet enjoyment of their residential properties and ensure the safety of a dense residential and business area; and WHEREAS, Governor DeWine recently signed House Bill 172 into law, allowing any person authorized to possess consumer grade fireworks to discharge them on their own property or on another persons property with permission, on certain designated days to include New Years Day, Chinese New Year, Cinco de Mayo, Memorial Day weekend, Juneteenth, July 3, 4, and 5 and the Friday, Saturday, and Sunday preceding and following these dates, Labor Day weekend, Diwali, and New Year's Eve, and further allowing local municipalities to restrict the dates and/or times that individuals may discharge consumer -grade fireworks or to impose a complete ban on the use of consumer -grade fireworks; and WHEREAS, the City wishes to impose a complete ban on the use of consumer -grade fireworks; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 549.10, Fireworks, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 549.10 FIREWORKS. (a) Definitions. As used in this section, unless otherwise provided: (1) "Beer" and "intoxicating liquor" have the same meanings given in Section 529.01. (2) "Class B and Class C fireworks" means fireworks classified as Class B and Class C fireworks by the State Fire Marshal in rules adopted pursuant to Ohio R.C. 3743.05(A). (3) "Controlled substance" has the same meaning given in Section 513.01. (4). "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 subsection (h) hereof. (5) "Fireworks plant" means all buildings and other structures in which the manufacturing of fireworks, or the storage of manufactured fireworks by a manufacturer, takes place.