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:
- The sensitivity of the area’s environment, wildlife and wildlife habitat;
- The inconvenience and nuisance to abutting property owners;
- The safety and suitability of the area as a place for the discharge of fireworks; and
- 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.