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, and shall include but not be limited to: firecrackers, torpedoes, sparklers, Roman candles, sky rockets, pin wheels, cap or toy pistols (except such pistols or any like device designed to discharge paper caps containing not more than 0.25 of grains of explosive mixture), canes, bombs, cannons or other like devices and all classes of fireworks that may be shot into the air or propelled over the ground by explosive discharges or any device using blank cartridges.
(Code 1990)
(a) Except as provided in sections 7-303:306; it shall be unlawful for any person, firm or corporation 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 0.25 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 1990)
(a) Section 7-302 of this article shall not apply to the fire or discharge of class “C” fireworks, not including bottle rockets, in the city between the hours of 8:00 a.m. and 12:00 midnight on July 4th and between the hours of 8:00 a.m. and 10:00 p.m. on other dates specified by the governing body. The governing body shall annually select the dates specified herein on or before April 1st of each calendar year.
(b) The governing body of the city may, in its discretion and through its appointed authority, grant permission for private educational fireworks discharge seminars or for the public display of fireworks by responsible individuals or organizations when such seminars or displays shall be of such a character and so located that the discharge and firing 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 or conduct any educational seminar for discharge of fireworks without first obtaining required permits, licenses or authorization as set forth in section 7-306.
(Ord. 020-1993-062, Sec. 1; Ord. 010-1998-116; Code 2003)
Any person, firm, or corporation who or which has first obtained a valid permit to sell class “C” fireworks, not including bottle rockets, within the city may do so between the hours of 8:00 a.m. and 12:00 midnight on dates specified by the governing body. The governing body shall annually select the dates specified herein on or before April 1st of each calendar year.
(Ord. 020-1993-062, Sec. 1; Ord. 010-1998-116; Code 2003)
(a) It shall be unlawful for any person, firm or corporation to sell, display for sell, offer to sell or give away any type of fireworks within the city without first paying a fee per establishment or premises to the city clerk and applying for and securing a permit therefor on or before June 25th of the permit year. The governing body shall annually set the fee specified herein on or before April 1st of each calendar year.
(b) No permit shall be issued for any location where retail sales are not permitted under the zoning laws. Prior to the issuance of the permit, an inspection will be made of the applicant’s facility for compliance with this chapter and other pertinent laws, and no permit shall be issued for any premises not in compliance with such laws. Upon qualifying for the permit, the permittee shall prominently display the same at the establishment or 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.
(Ord. 020-1986-036, Sec. 2; Ord 010-2001-126, Sec. 1; Code 2003)
(a) It shall be unlawful for any person, firm or corporation 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 20 days in advance of the date of the desired display. Approval of the permit shall be made by the city administrator and the director of emergency services. No permit shall be approved until the applicant furnishes a certificate of public liability insurance for the desired display in a minimum amount of $500,000. Such certificate of insurance must be written by an insurance carrier licensed to do business in Kansas and must be conditioned as being non-cancelable except by giving 10 days advance written notice to the city. In the event of cancellation of the insurance prior to the display, the permit shall automatically be revoked and shall be null and void. The application for the permit shall be made on such forms as provided by the city clerk.
(b) It shall be unlawful for any person, firm or corporation to hold, give or provide educational seminars, schools or demonstrations for the discharge or firing of public fireworks displays without first obtaining a permit to do so by making application at least 20 days in advance of the desired date for the seminar, school or demonstration. Approval of the permit shall be made by the city administrator and the director of emergency services. No permit shall be approved until the applicant furnishes a certificate of public liability insurance for the educational seminar, school or demonstration in the amount of $500,000. Such certificate of insurance must be written by an insurance carrier licensed to do business in Kansas and must be conditioned as being non-cancelable except by giving 10 days advance written notice to the city. In the event of cancellation of the insurance prior to the seminar, school, or demonstration the permit shall automatically be revoked and shall be null and void. The application for the permit shall be made on such forms as provided by the city clerk.
(c) No permit shall be issued if the location, nature of the fireworks or other relevant factors are such as to create an undue hazard or risk of harm or damage to persons or property.
(Ord. 010-2004-149; Code 2007)
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.
(Code 1990)
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 1990)
(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 director of emergency services deems there is a fire hazard, he or she is hereby authorized to have such hazard abated.
(Ord. 010-2004-149; Code 2007)
(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 1990)
Two charged and functioning Underwriter Laboratories (UL) listed fire extinguishers of an appropriate type and size must be kept in close proximity to all stocks of fireworks in any building, shed, tent or other such structure where fireworks are stored, sold or displayed for sale. The director of emergency services shall have the authority to determine the appropriate size, type and location of fire extinguishers needed for establishments involved in the storage, sale or display for sale of fireworks.
(Ord. 010-2004-149; Code 2007)
It shall be unlawful to store, keep, sell, display for sale or discharge any fireworks within 100 feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or other such volatile liquids are sold.
(Ord. 020-1993-062, Sec. 1)
The director 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. 010-2004-149; Code 2007)