Fireworks may be discharged in the City of Plainview June 24-July 5. Each day the hours are 12:00 PM (noon) through 10:30 PM. On July 4th, the hours are 8:00 AM-12:00 AM(midnight)
Only fireworks that are permitted in the State of Nebraska are allowed to be discharged.
Please be safe and respectful of those around you when lighting fireworks. Also reminder to clean up debris from fireworks and dispose properly once they have cooled off completely.
§ 6-322 MISDEMEANORS; FIREWORKS DEFINED.
DISTRIBUTOR. Any person engaged in the business of making sales of fireworks at wholesale in this state to any person engaged in the business of making sales or fireworks either as a jobber or as a retailer or both.
FIREWORKS. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and which meets the definition of common or special fireworks set forth by the United States Department of Transportation in Title 49, Code of Federal Regulations.
(1) COMMON FIREWORKS. Any small firework device designed to produce visible effects by combustion and which is required to comply with the construction, chemical composition and labeling regulations of the United States Consumer Product Safety Commission set forth in 16 C.F.R., small devices designed to produce audible effects such as whistling devices, ground devices containing fifty (50) milligrams or less of explosive composition and aerial devices and firecrackers containing one hundred thirty (130) milligrams or less of explosive composition. Class C explosives as classified by the United States Department of Transportation shall be considered common fireworks.
(2) DISPLAY FIREWORKS. Those materials manufactured exclusively for use in public exhibitions or displays of fireworks designed to produce visible or audible effects by combustion, deflagration or detonation. Includes but is not limited to firecrackers containing more than one hundred thirty (130) milligrams of explosive composition, aerial shells containing more than forty (40) grams of explosive composition and other display pieces which exceed the limits for classification as common fireworks. Class B explosives as classified by the United States Department of Transportation shall be considered display fireworks. Display fireworks shall be considered an explosive as defined in section 28-1213 RS Neb. and shall be subject to sections 28-1213 to 28-1239 RS Neb., except that display fireworks may be purchased, received and discharged by the holder of an approved display permit issued pursuant to section 28-1239.01 RS Neb.
(3) PERMITTED FIREWORKS. Only sparklers, vesuvius fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charge for the purpose of making a noise, lady fingers, not to exceed seven-eighths (7/8) of an inch in length or one-eighth (1/8) inch in diameter, total explosive composition not to exceed fifty (50) milligrams in weight, color wheels and any other fireworks approved under section 28-1247 RS Neb.
JOBBER. Any person engaged in the business of making sales of fireworks at wholesale to any other person engaged in the business of making sales at retail.
RETAILER. Any person engaged in the business of making sales of fireworks at retail to consumers or to persons other than distributors or jobbers.
SALE. Includes barter, exchange or gift or offer therefor and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee. (Ref. 28-1241 RS Neb.) (Amended by Ord. No. 493, 11/8/88)
§ 6-322.01 MISDEMEANORS; FIREWORKS; PERMITTED FIREWORKS.
(1) (a) It shall be unlawful for any person to ignite or cause to be exploded fireworks or firecrackers of any description whatsoever, except those that comply with current Nebraska law, and State Fire Marshal regulations, and then only on and between June 24 and July 5 of each year.
(b) On the 4th of July fireworks may be discharged between the hours of 8:00 A.M. and 12:00 midnight; on all other days discharge of fireworks shall be limited to 12:00 noon to 10:30 P.M. If the 3rd of July falls on a Friday or Saturday, discharge of fireworks will be between the hours of 8:00 A.M. and 12:00 midnight.
(2) The provisions of this section shall not apply to any fireworks to be used for purposes of public exhibitions or display under authorization of the City Council or to fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal. (Ref. 17-556, 28-1241, 28-1244, 28-1245 RS Neb.)
(Ord. No. 494, 11/8/88) (Amended by Ord. Nos. 915, 12/10/13; 944, 8/14/18; 958, 8/11/20; 965, 6/8/21)
