Ordinance 2022-05

An Ordinance Amending Codified Ordinance Section 1519.04 to Prohibit the Discharge, Ignition or Explosion of Fireworks on Certain Days Each Year

  • Introduced by: Rockey
  • 1st Reading (02/14/2022)
  • 2nd Reading (02/28/2022)
  • 3rd Reading (03/14/2022)
  • Passed (03/14/2022)

Whereas, Substitute House Bill 172 was recently adopted by the Ohio General Assembly; and

Whereas, Section 3743.45 of the Ohio Revised Code was amended by Substitute House Bill 172 to provide that any person authorized to possess 1.4. G fireworks in Ohio could discharge, ignite or explode those fireworks on private property on ten (10) specific days of the year and Substitute House Bill 172 provided that a municipal corporation may restrict or ban the discharge, ignition or explosion of fireworks purchased pursuant to Section 3743.45 of the Ohio Revised Code; and

Whereas, the Village Council and its Committees, and the Village Fire Marshal have determined that the Village should continue to prohibit the discharge, ignition or explosion of fireworks in the Village of Chagrin Falls except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio Revised Code Sections 3743.50 to 3743.55.

Now Therefore, Be It Ordained by the Council of the Village of Chagrin Falls, Cuyahoga County, State of Ohio:

Section 1. Section 1519.04 (a) of the Codified Ordinances is hereby amended in its entirety to read as follows:

  1. (a) No person shall possess fireworks in this Municipality or shall possess for sale or sell fireworks in this Municipality, except a licensed manufacturer of fireworks as authorized by Ohio R.C. 3743.02 to [3743.08][ORC 3743.08], a licensed wholesaler of fireworks as authorized by Ohio R.C. 3743.15 to [3743.21][ORC 3743.21], a shipping permit holder as authorized by Ohio R.C. 3743.40, an out-of-state resident as authorized by Ohio R.C. 3743.44, a resident of this State as authorized by Ohio R.C. 3743.45, or a licensed exhibitor of fireworks as authorized by Ohio R.C. 3743.50 to 3743.55 and [Section 1519.02][CFCO 1519.02] of this [Chapter 1519][CFCO 1519] and except as provided in [Section 1519.05][CFCO 1519.05] of this [Chapter 1519][CFCO 1519].

Section 2. Section 1519.04 (a) of the Codified Ordinances, the full text of which follows, is hereby repealed.

  1. (a) No person shall possess fireworks in this Municipality or shall possess for sale or sell fireworks in this Municipality, except a licensed manufacturer of fireworks as authorized by Ohio R.C. 3743.02 to [3743.08][ORC 3743.08], a licensed wholesaler of fireworks as authorized by Ohio R.C. 3743.15 to [3743.21][ORC 3743.21], a shipping permit holder as authorized by Ohio R.C. 3743.40, an out-of-state resident as authorized by Ohio R.C. 3743.44, a resident of this State as authorized by Ohio R.C. 3743.45, or a licensed exhibitor of fireworks as authorized by Ohio R.C. 3743.50 to 3743.55 and [Section 1519.02][CFCO 1519.02] and except as provided in [Section 1519.05][CFCO 1519.05].

Section 3. As amended herein, by indicating underlining for additions and strikeouts for deletions, [Section 1519.04(a)][CFCO 1519.04(a)] of the Codified Ordinances reads as follows:

  1. (a) No person shall possess fireworks in this Municipality or shall possess for sale or sell fireworks in this Municipality, except a licensed manufacturer of fireworks as authorized by Ohio R.C. 3743.02 to [3743.08][ORC 3743.08], a licensed wholesaler of fireworks as authorized by Ohio R.C. 3743.15 to [3743.21][ORC 3743.21], a shipping permit holder as authorized by Ohio R.C. 3743.40, an out-of-state resident as authorized by Ohio R.C. 3743.44, a resident of this State as authorized by Ohio R.C. 3743.45, or a licensed exhibitor of fireworks as authorized by Ohio R.C. 3743.50 to 3743.55 and [Section 1519.02][CFCO 1519.02] of this [Chapter 1519][CFCO 1519] and except as provided in [Section 1519.05][CFCO 1519.05] of this [Chapter 1519][CFCO 1519].

Section 4. Section 1519.04(b) of the Codified Ordinances is hereby amended in its entirety to read as follows:

  1. (b) Except as provided in [Section 1519.05][CFCO 1519.05] and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio R.C. 3743.50 to 3743.55 and [Section 1519.02][CFCO 1519.02] of this [Chapter 1519][CFCO 1519], no person shall discharge, ignite or explode any fireworks in this Municipality, including a prohibition of the discharge, ignition or explosion of fireworks purchased pursuant to Ohio R. C. 3743.45, intending to prohibit the discharge, ignition or explosion of fireworks on private property on any of the days set forth in Ohio R.C. 3743.45(b).

Section 5. Section 1519.04 (b) of the Codified Ordinances the full text of which follows is hereby repealed.

  1. (b) Except as provided in Section 1519.05 and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio R.C. 3743.50 to 3743.55 and Section 1519.02, no person shall discharge, ignite or explode any fireworks in this Municipality.

Section 6. As amended herein, by indicating underlining for additions and strikeouts for deletions, Section 1519.04(b) of the Codified Ordinances reads as follows:

  1. (b) Except as provided in Section 1519.05 and except for licensed exhibitors of fireworks authorized to conduct a fireworks exhibition pursuant to Ohio R.C. 3743.50 to 3743.55 and Section 1519.02 of this Chapter 1519, no person shall discharge, ignite or explode any fireworks in this Municipality, including a prohibition of the discharge, ignition or explosion of fireworks purchases pursuant to Section R. C. 3743.45, intending to prohibit the discharge, ignition or explosion of fireworks on private property on any of the days set forth in Ohio R.C. 3743.45(b).

Section 7. Section 1519.04(e) of the Codified Ordinances is hereby amended in its entirety to read as follows:

  1. (e) Except as otherwise provided in Ohio R.C. 3743.44, no person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder, shall possess 1.3 G fireworks or 1.4 G fireworks.

Section 8. Section 1519.04 (e) of the Codified Ordinances, the full text of which follows, is hereby repealed.

  1. (e) Except as otherwise provided in Ohio R.C. 3743.44, no person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder, shall possess 1.3 G fireworks.

Section 9. As amended herein, by indicating underlining for additions and strikeouts for deletions, Section 1519.04(e) of the Codified Ordinances reads as follows:

  1. (e) Except as otherwise provided in Ohio R.C. 3743.44, no person, other than a licensed manufacturer, licensed wholesaler, licensed exhibitor, or shipping permit holder, shall possess 1.3 G fireworks or 1.4 G fireworks.

Section 10. That actions of this Council concerning and relating to the passage of this legislation were adopted in lawful meetings of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in compliance with all legal requirements, including Chapter 114 of the Codified Ordinances of the Village of Chagrin Falls.

Section 11. That in accordance with Section 113.01 of the Codified Ordinances of the Village of Chagrin Falls, public notice of this Ordinance shall be given by posting a copy thereof for not less than fifteen (15) days in the Village Hall.

Section 12. That this Ordinance shall take effect and be in force after the earliest period allowed by law.

[ORC 3743.08] ORC 3743.21 [CFCO 1519.02] [CFCO 1519.05] [CFCO 1519] [ORC 3743.08] [CFCO 1519.04(a)] [ORC 3743.08] [ORC 3743.21]