It shall be unlaw­ful for any per­son to dis­charge or pos­sess any fire­works upon pub­lic land or in any pub­lic park, owned by the Coun­ty, pro­vid­ed, how­ev­er, that such use shall be per­mit­ted under the fol­low­ing circumstances:

(A) This pro­vi­sion shall not apply to pos­ses­sion of fire­works in the oth­er­wise law­ful use of pub­lic rights of way such as side­walks and plant­i­ng strips.  This sub­sec­tion shall not be a defense to a charge of obstruct­ing traf­fic or oth­er­wise obstruct­ing a pub­lic right of way.

(B) The Fire Chief shall des­ig­nate lim­it­ed areas for use dur­ing the hours per­mit­ted by the Arti­cle for the dis­charge of fire­works as allowed by Sec­tion 7–5‑5 of this Arti­cle.  Oth­er­wise law­ful dis­charge and pos­ses­sion of fire­works as allowed by Sec­tion 7–5‑5 in such areas shall not be a vio­la­tion of this Sec­tion.  In doing so, the Fire Chief shall consider:

  1. The sen­si­tiv­i­ty of the area’s envi­ron­ment, wildlife and wildlife habitat;
  2. The incon­ve­nience and nui­sance to abut­ting prop­er­ty owners;
  3. The safe­ty and suit­abil­i­ty of the area as a place for the dis­charge of fire­works; and
  4. Dan­ger of fire or oth­er destruc­tion of pub­lic prop­er­ty and improve­ments from the use of the fireworks.

(C) Upon des­ig­na­tion of any area, it shall be signed and post­ed by July 1stof each year for use on July 4th between the hours of 9:00 A.M. and 11:00 P.M.  Des­ig­na­tion of any area may be appealed in writ­ing to the Coun­ty Board by any cit­i­zen of the Coun­ty.  The deci­sion of the Coun­ty Board shall be final.

(D) Noth­ing in this Arti­cle shall be deemed to lim­it the author­i­ty of the Coun­ty Board to allow event dis­play of spe­cial fire­works under a per­mit issued in accor­dance with the pro­vi­sions of the Code and State statutes.