The presence of any fireworks within the jurisdiction of the city in violation of
this division is hereby declared to be a common and public nuisance. The fire marshal
is directed and required to seize, remove and safely dispose of any fireworks found
within the jurisdiction in violation of this division and any member of the fire department
or any police officer or any other duly constituted peace officer is empowered to
stop the transportation of and detain any fireworks found being transported illegally
or to close any building where any fireworks are found stored illegally until the
fire marshal can be notified in order that the fireworks may be seized and disposed
of in accordance with the terms of this section. Notwithstanding any penal provision
of this division, the city attorney is authorized to file suit on behalf of the city
or the fire marshal or both for injunctive relief as may be necessary to prevent unlawful
storage, transportation, keeping or use of fireworks within the jurisdiction of the
city and to aid the fire marshal in the discharge of his duties and to particularly
prevent any person from interfering with the seizure and disposal of such fireworks,
but it shall not be necessary to obtain any such injunctive relief as a prerequisite
to such seizure and disposal. The fire marshal or any member of the fire department
is hereby authorized to enter any buildings where unlawful presence of fireworks is
suspected in order to inspect the same for the presence of such fireworks.
