ORDINANCE REGULATING THE SALE, POSSESSION, AND USE OF FIREWORKS IN THE CITY OF
LEXINGTON, MISSISSIPPI AND THE ESTABLISHING OF PENALTIES FOR VIOLATION THEREOF

ORDINANCE REGULATING THE SALE, POSSESSION, AND USE OF FIREWORKS INTHE CITY OF LEXINGTON, MISSISSIPPI AND THE ESTABLISHING OF PENALTIES FORVIOLATION THEREOF

WHEREAS, the Mayor and Board of Aldermen of the City of Lexington,Mississippi hereby find that public safety and welfare are adversely affectedby the unrestricted sale and use of fireworks within municipal limits; and

WHEREAS, the Mayor and Board of Aldermen of the City of Lexington,Mississippi hereby find that there is a need to regulate the time, place, andmanner of the sale and use of fireworks within municipal limits; and

WHEREAS, the Mayor and Board of Aldermen of the City of Lexington,Mississippi hereby find they are authorized by §21-19-15 of the MississippiCode to regulate these matters in the interest of the public welfare; and

WHEREAS, the Mayor and Board of Aldermen of the City of Lexington,Mississippi hereby find that such regulation will reduce injuries to people anddestruction of property by fire; and

WHEREAS, the Mayor and Board ofAldermen of the City of Lexington, Mississippi hereby find the importance ofcelebrating national holidays, including Independence Day, Juneteenth, NewYears, Labor Day, and Memorial Day, and that it is common for people to buy anduse fireworks during these holidays.

BE IT HEREBY ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THECITY OF LEXINGTON, as follows:

§1. All prior ordinancesadopted by the City of Lexington regulating the sale, possession, and use offireworks are hereby repealed.

§2. It is a violation of this section of this ordinance to sellany fireworks, including Class

‘C” fireworks as defined by the Interstate Commerce Commission andM.C.A. §45-13-1, within the Lexington municipal limits, except for thefollowing designated periods when the sale of any fireworks which are legalunder Mississippi state law is permitted within the municipal limits ofLexington, Mississippi:

(1)  From June 9^thto July 4^th each year, inclusive of start and end date;

(2)  From eleven(11) days prior to the last Monday of May each calendar year till 1:00am on thelast Tuesday of May that same calendar year;

(3)  From eleven(11) days prior to the first Monday of September each calendar year till 1:00amon the first Tuesday of September that same calendar year;

(4)  From December 20^th to January 1^steach year, inclusive of start and end date.

Furthermore, it is a violation of this section of this ordinanceto sell fireworks within the city limits without a valid, properly displayedfireworks permit by the City of Lexington, issued from city hall. Said permitshall cost one-hundred fifty dollars ($150.00), and shall be valid for one yearfrom the date of issue, but shall only be valid during the prescribed periodsof allowed sales. No permit shall be issued to any residential address, and anypermit so issued shall be considered void, and a refund of one-hundred fifty dollars ($150.00) shall be issued.Said permit must be prominently displayed near the cash register or, if therebe no cash register, near the entrance to the establishment.

§3. Every person convicted of a violation of §2 of this ordinanceshall be punished as follows:

(a)  Upon first conviction under this section ofthis ordinance, by a fine of not more than one hundred fifty dollars ($150.00).

(b)  Upon second conviction under this section ofthis ordinance, by a fine of not more than three hundred dollars ($300.00).

(c)  Upon third and all subsequent convictionsunder this section of this ordinance, by a fine of not more than five hundreddollars ($500.00), or by not more than thirty (30) days imprisonment.

§4. It is a violation of this section of this ordinance to use orpossess any fireworks, including class “C” fireworks as defined by theInterstate Commerce Commission and M.C.A. §45-13-1, within the LexingtonMunicipal limits, except for the following designated periods of time andspecified places when the use of any fireworks which are legal underMississippi state law is permitted within the municipal limits of Lexington,Mississippi:

(1)  From June 9^thto July 4^th each year, inclusive of start and end date;

(2)  From eleven(11) days prior to the last Monday of May each calendar year till 1:00am on thelast Tuesday of May that same calendar year;

(3)  From eleven(11) days prior to the first Monday of September each calendar year till 1:00amon the first Tuesday of September that same calendar year;

(4)  From December 20^th to January 1^steach year, inclusive of start and end date.

The city reserves the authority todeclare at the last public meeting prior to each permissible period offireworks use that drought or other conditions render the use of fireworksunsafe, and to prohibit the use of fireworks during that time, withoutrepealing this ordinance in its entirety.

It shall be a violation of thissection of this ordinance for any child under the age of 18 to light or usefireworks without adult supervision.

It shall be a violation of thisordinance for to use fireworks between the times of 1:00am and 9:00am.

§5. Every person convicted of aviolation of §4 of this ordinance shall be punished for each offense by a fineof not more than twenty-five dollars ($25.00).

§6. The ordinance shall take effectand shall be enforceable from and after the due publication thereof as requiredby law.

§7. If any section or part of thisordinance shall be found by any court of proper jurisdiction to beunenforceable for any reason, the remainder of the ordinance shall remain validand enforceable.

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