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(1) The manufacture, sale, possession, transportation, storage or use in emergency situations,
<br />of pyrotechnic signaling devices and distress signals for marine, aviation or highway use;
<br />(2) The manufacture, sale, possession, transportation, storage or use of fusees, torpedoes or
<br />other signals necessary for the safe operation of railroads;
<br />(3) The manufacture, sale, possession, transportation, storage or use of blank cartridges in
<br />connection with theaters or shows, or in connection with athletics as signals or for ceremonial
<br />purposes;
<br />(4) The manufacture for, the transportation, storage, possession or use by, or sale to, the
<br />Armed Forces of the United States and the militia of this State of pyrotechnic devices;
<br />(5) The manufacture, sale, possession, transportation, storage or use of toy pistols, toy canes,
<br />toy guns or other devices in which paper or plastic caps containing twenty-five hundredths grains
<br />or less of explosive material are used, provided that they are constructed so that a hand cannot
<br />come into contact with a cap when it is in place for explosion, or the manufacture, sale,
<br />possession, transportation, storage or use of those caps;
<br />(6) The manufacture, sale, possession, transportation, storage or use of novelties and trick
<br />noisemakers, auto burglar alarms or model rockets and model rocket motors designed, sold and
<br />used for the purpose of propelling recoverable aero models; or
<br />(7) The manufacture, sale, possession, transportation, storage or use of sparklers on a wire
<br />stick, as this term is defined in the regulations of the United States Department of Transportation.
<br />(ORC 3743.80)
<br />(i) Forfeiture and Disposal. Fireworks manufactured, sold, possessed, transported or used in
<br />violation of this section shall be forfeited by the violator. The Municipal Fire Safety Inspector or
<br />the Police Division shall dispose of seized fireworks pursuant to the procedures specified in Ohio
<br />R.C. 2933.41 for the disposal of forfeited property by law enforcement agencies.
<br />(ORC 3743.68(B))
<br />0) Penally. Whoever violates any of the provisions of this section is guilty of a misdemeanor of
<br />the first degree, provided the offender has not previously been convicted of a violation of any of
<br />the provisions of this section.
<br />(ORC 3743.99(C))
<br />is hereby repealed.
<br />Section 2. That new Section 549.10 Fireworks of the Codified Ordinances of the City of
<br />Lakewood is hereby enacted to read as follows:
<br />549.10 FIREWORKS.
<br />(a) Definitions. As used in this section, unless otherwise provided:
<br />(1) "Beer" and "intoxicating liquor" have the same meanings given in Section 52901.
<br />(2) "Class B and Class C fireworks" means fireworks classified as Class B and Class C
<br />fireworks by the State Fire Marshal in rules adopted pursuant to Ohio R.C. 3743.05(A).
<br />(3) "Controlled substance" has the same meaning given in Section 513.01.
<br />(4) "Fireworks" means any composition or device prepared for the purpose of producing a
<br />visible or an audible effect by combustion, deflagration or detonation, except ordinary matches
<br />and except as provided in subsection (h) hereof.
<br />(5) "Fireworks plant" means all buildings and other structures in which the manufacturing of
<br />fireworks, or the storage of manufactured fireworks by a manufacturer, takes place.
<br />(6) "Licensed exhibitor of fireworks" or "licensed exhibitor" means a person licensed
<br />pursuant to Ohio R.C. 3743.50 through 3743.55.
<br />(7) "Licensed manufacturer of fireworks" or "licensed manufacturer" means a person
<br />licensed pursuant to Ohio R.C. 3743.02 through 3743.08.
<br />(8) "Licensed wholesaler of fireworks" or "licensed wholesaler" means a person licensed
<br />pursuant to Ohio R.C. 3743.15 through 3743.21.
<br />(ORC 33743.01)
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