CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 2. FIREWORKS

For purposes of this article, the term fireworks shall mean those items as defined by the rules and regulations of the Kansas state fire marshal.

(Code 1991)

(a)   Except as provided in sections 7-203:206; it shall be unlawful for any person to keep, store, display for sale, fire, discharge or explode any fireworks.

(b)   Nothing in this article shall be construed as applying to:

(1)   Toy paper caps containing not more than .25 of a grain of explosive composition per cap;

(2)   The manufacture, storage, sale or authorized use of signals necessary for the safe operation of railroads or other classes of public or private transportation;

(3)   The military or naval forces of the United States or of this state while in the performance of official duty;

(4)   Law enforcement officers while in the performance of official duty; or

(5)   The sale or use of blank cartridges for ceremonial, theatrical or athletic events.

(Code 1991)

(a)   The general discharge of fireworks within the city shall be suspended at such times and on such dates as the city may from time to time establish by separate resolution which resolution shall at all times be on file with the City Clerk at City Hall.

(b)   The governing body of the city may, in its discretion, grant permission at any time for the public display of fireworks by responsible individuals or organizations when such display or displays shall be of such character and so located as shall not be a fire hazard or endanger persons or surrounding property.

(c)   It shall be unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained a permit therefore.

(d)   The suspension of the prohibition of the discharge of fireworks as provided for herein by resolution, shall be subject to repeal with or without notice by official action of the Governing Body when, in the opinion of the Governing Body atmospheric or other conditions indicate that the discharge of fireworks within the city will pose an unreasonable fire hazard or will endanger persons or property within the city.

(Ord. 289, Sec. 3; Code 1991; Ord. 1996-1, Sec. 1; Ord. 1999-13, Sec. 1)

Any person who has first obtained a valid permit to sell fireworks within the city may do so on such dates and at such times as shall be established from time to time by official resolution of the governing body which resolution shall be on file with the City Clerk at City Hall.

(Ord. 287, Sec. 2; Code 1991; Ord. 1998-2, Sec. 1; Ord. 1999-13, Sec. 2)

(a)   It shall be unlawful for any person to sell, display for sale, offer to sell or give away any type of fireworks within the city without first paying a fee of $7,500 per establishment or premises to the city clerk and applying for a permit therefore on or before May 1st of the permit year.  In addition to the fee of $7,500 the applicant shall be required to deposit with the city the additional sum of $2,500 as security to ensure for the proper clean-up of debris from the licensed establishment or premises. Such part of the $2,500 deposit not utilized by the city for clean-up purposes shall be promptly refunded to the applicant.

(b)   No permit shall be issued for any location where retail sales are not permitted under the applicable city zoning regulations. Prior to the issuance of the permit, an inspection will be made of the applicant's facility for compliance with such laws. Upon qualifying for the permit, the permittee shall prominently display the same at the establishment or upon the premises where fireworks are to be sold or displayed for sale. The permit fee shall not be refundable upon failure to qualify for the permit or withdrawal or cancellation of the application or permit. The following requirements shall be applicable to qualify for a permit:

(1)   The establishment or premises shall provide off-street parking which will permit a minimum of one parking space per 40 square feet of sales floor area with adequate ingress and egress isles.

(2)   No alcohol or cereal malt beverages shall be sold or consumed at a permit location.

(3)   No permit shall be issued or renewed to a holder who has failed to demonstrate financial responsibility. In this regard and by way of illustration evidence that the holder of a permit has failed to pay the cost of merchandise when due, failed to pay the costs associated with leased land or facilities when due, or failed to pay wages of employees when due in connection with sales of fireworks in prior years, may constitute sufficient grounds for the rejection of an application for a permit.

(Ord. 265, Sec. 2; Code 1991; Ord. 1996-1, Sec. 2)

(a)   It shall be unlawful for any person to give or provide a fireworks display for the public or for organized groups without first obtaining a permit to do so by making application at least 30 days in advance of the desired display. Approval of the permit shall be by the governing body. No permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $1 million written by an insurance carrier licensed to do business in Kansas, conditioned as being non-cancellable except by giving 10 days advance written notice to the city clerk. In the event of cancellation of the insurance prior to the display, the permit shall automatically be revoked and void. The application for the permit shall clearly state:

(1)   The name of the applicant.

(2)   The group for which the display is planned.

(3)   The location of the display.

(4)   The date and time of the display.

(5)   The nature or kind of fireworks to be used.

(6)   The name of the person, firm or corporation that will make the actual discharge of the fireworks.

(7)   Anticipated need for police, fire or other municipal services.

(b)   No permit shall be issued if the location, nature of the fireworks or other relevant factor is such as to create an undue hazard or risk of harm or damage to persons or property.

(Code 1991)

(a)   All fireworks offered for sale and discharged within the city shall be of a type that has been tested and approved for sale and use within the state by the state fire marshal,

(b)   Bottle rockets and other similar self-propelled firework or fireworks devices consisting of a tube and attached guiding stock or rod shall not be sold or discharged in the city.

(Code 1991)

 It shall be unlawful for any person to discharge, ignite or fire any fireworks upon any public street, alley or avenue or in any park or public place within the city, except as approved by the Police Chief.

(Code 1991)

It shall be unlawful for any person to throw, cast or propel fireworks of any kind in the direction of or into the path of any animal, person or group of persons, or from, in the direction of or into any vehicle of any kind.

(Code 1991)

(a) It shall be unlawful for fireworks to be stored, sold or displayed for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept, unless such fireworks are in a separate and distinct section or department of the premises.

(b) Where the Police Chief deems there is a fire hazard, he or she is hereby authorized to have such hazard abated.

(Code 1991)

(a)   All retailers are forbidden to expose fireworks where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package.

(b)   All fireworks displayed for sale must remain in original packages, except where an attendant is on constant duty at all times where such fireworks are on display; provided, that fireworks in open stock may be kept in show cases or counters out of the reach of the public without an attendant being on duty.

(c)   Signs reading “Fireworks for Sale--No Smoking Allowed” shall be displayed in the section of a store or premises set aside for the sale of fireworks.

(Code 1991)

(a)   Two functioning and approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all permanent buildings where fireworks are stored, sold or displayed for sale.

(b)   Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have one such fire extinguisher, or in lieu of the fire extinguisher, a pressurized water hose with nozzle end within five feet of the fireworks stand.

(Code 1991)

It shall be unlawful to store, keep, sell, display for sale or discharge any fireworks within 50 feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.

(Code 1991)

The chief of the police department is authorized to seize and confiscate all fireworks which may be kept, stored or used in violation of any section of this article, and all of the rules of the state fire marshal. He or she shall dispose of all such fireworks as may be directed by the governing body.

(Ord. 265, Sec. 6; Code 1991)

Notwithstanding all the above and foregoing, the sale and discharge of fireworks may in any given year be prohibited if by June 15 of any year the mayor with the advice and consent of the governing body proclaims that the sale and discharge of fireworks shall be prohibited because of unseasonably dry weather or other existing conditions that make the sale and discharge of fireworks unadvisable.

(Ord. 265, Sec. 5)