City of Gahanna - File #: ORD-0032-2022

• File #: ORD-0032-2022
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 6/9/2022
• In control: City Council
• Final action: 6/21/2022
• Title: AN ORDINANCE REPEALING AND REPLACING GAHANNA CODE SECTION 549.10 PROHIBITING THE DISCHARGING, IGNITING OR EXPLODING OF FIREWORKS IN THE CITY OF GAHANNA, WAIVING SECOND READING, AND DECLARING AN EMERGENCY.

Date	Ver.	Action By	Action	Result
6/21/2022	1	City Council	Introduced, Second Reading Waived, and Adopted as an Emergency	Pass
6/13/2022	1	Committee of the Whole	Recommended for Introduction, Waiver, Adoption as Emergency

TITLE
AN ORDINANCE REPEALING AND REPLACING GAHANNA CODE SECTION 549.10 PROHIBITING THE DISCHARGING, IGNITING OR EXPLODING OF FIREWORKS IN THE CITY OF GAHANNA, WAIVING SECOND READING, AND DECLARING AN EMERGENCY.
BODY
WHEREAS, the City of Gahanna has an existing codified Ordinance, Gahanna City Code ?549.10, prohibiting the discharging, igniting, or exploding of fireworks in the City, except by licensed and authorized exhibitors; and

WHEREAS, on October 27, 2021, the Ohio Legislature passed Substitute House Bill 172, permitting any non-prohibited persons to discharge, ignite, and/or explode Class 1.4G "consumer" fireworks on certain days of the year effective July 1, 2022; and

WHEREAS, said Substitute House Bill specifically permits chartered, Home Rule municipalities such as Gahanna to opt-out of the new Ohio law and either ban or further limit the discharging, igniting, or exploding of fireworks in their cities; and

WHEREAS, the Council of the City of Gahanna believes that the health and safety of the citizens City of Gahanna would be best protected by opting-out of the new Ohio law and continuing the existing ban on discharging, igniting, or exploding of fireworks in the City, except by licensed and authorized exhibitors.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, COUNTY OF FRANKLIN, STATE OF OHIO:

Section 1. That the existing Gahanna City Code ?549.10 is REPEALED.

Section 2. That a new Gahanna City Code ?549.10 is REPLACED and ENACTED as follows:
549.10 - FIREWORKS POSSESSION, SALE OR DISCHARGE PROHIBITED; EXCEPTIONS.
(a) No person shall possess fireworks in this City or shall possess for sale or sell fireworks in this City, except a licensed manufacturer of fireworks as authorized by Ohio R.C. 3743.02 to 3743.08, a licensed wholesaler of fireworks as authorized by Ohio R.C. 3743.15 to 3743.21, a licensed exhibitor of fireworks as authorized by Ohio R.C. 3743.50 to 3743.55, and except as provided in Ohio R.C. 3743.80.
(b) Exce...