CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 3. FIREWORKS

Except as hereinafter provided by the governing body, it shall be unlawful for any person, firm, or corporation to possess, store, to offer for sale, expose for sale, sell at retail or use, fire, ignite, or discharge any fireworks within the city.

(Ord. 379, Sec. 1; Code 2003)

(a)   Fireworks is any combustible or deflagrating composition, article, or device producing a visible or audible effect by combustion, deflagration or detonation.

(b)   Class C Common Fireworks hereinafter will mean all items approved by the Consumer Product Safety Commission and the Kansas State Fire Marshal’s Office.

(Ord. 379, Sec. 2; Code 2003)

Only such fireworks as defined in section 7- 302(b) for use by the general public may be sold, offered for sale, possessed, ignited, fired, or discharged. Fireworks not permitted by section 7-302(b) shall be illegal to be sold, possessed, manufactured, or transported.

(Ord. 379, Sec. 3; Code 2003)

No person shall offer fireworks for sale to individuals within the city limits before the 27th day of June and after the 5th day of July. Provided, however, that the governing body may, by resolution adopted by no later than June 7th of each year, further limit the number of days and designate the times that the sale of fireworks is permitted. The resolution shall specifically designate the dates and times that the sale of fireworks is permitted in that particular year.

(Ord. 410, Sec. 1; Code 2003)

(a)   Fireworks shall not be stored, kept, sold or discharge 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.

(b)   All requirements of the Kansas State Fire Marshal’s office for signs and distance requirements must be complied with by the selling parties.

(c)   The governing body shall designate the area(s) where the discharge of fireworks shall be allowed by resolution adopted by no later than the 7th day of June of each year. Each holder of a permit to sell fireworks within the city shall prominently post and display at each location where fireworks are sold a copy of the resolution designating the shooting area(s).

(Ord. 410, Sec. 2; Code 2003)

Two approved fire extinguishers, or a loaded water hose with nozzle end, must be provided and kept within 15 feet of all buildings or stands where fireworks are sold or stored.

(Ord. 379, Sec. 6; Code 2003)

(a)   Upon written permission by the mayor of the city when authorized by the governing body, fireworks to be used for exhibition purposes, such as fairs, and public celebrations, may be sold and fired provided the handling and firing is in charge by persons who are experienced in the handling of such fireworks. The persons in charge of such celebrations shall be responsible to see that the public attending is kept at a safe distance and every safety means is provided for their safety. Fireworks held in storage are removed for firing.

(b)   Before fireworks can be used in a pyrotechnic display for any exhibition, city or civic celebration, or other purpose contemplated by this section, advance written notice must be delivered to the Butler County Fire District #3 Fire Chief. If the chief finds no fire hazard existent within or about the pyrotechnic display or area hosting the display, and further that all fire and safety precautions are met and complied with, as may be directed by the fire chief, written authorization may be granted pursuant to subsection (a).

(Ord. 379, Sec. 7)

The permit fee to be paid to the city by each permit holder authorized to sell fireworks in the city shall be the sum of $1,000, for each permitted location, per year.

(Ord. 379, Sec. 8)

(a)   It shall be unlawful for any individual or organization to store, display, sell or offer for sale fireworks in the city without first having made an application to and having received the proper permit to do so from the city. Approval of the retail location must be obtained from the governing body as part of the application process for the permit.

(b)   The applicant shall file an application with the city clerk not later than the 18th day of May for the year 1990 and the 1st Thursday of May for each year thereafter, and each application shall state or be accompanied by the following:

(1)   The name and address of the organization applying and of the person representing the applicant;

(2)   The place where such fireworks are to be sold and the name and address of the owner or owners of such place;

(3)   The day or days upon which the fireworks are intended to be sold;

(4)   A description of the structure in which the fireworks are to be sold;

(5)   Insurance letter of availability;

(6)   A statement that the applicant, if granted permission to sell fireworks, will at all times comply with all ordinances of the city and laws of the State of Kansas relating to the sale of fireworks;

(7)   A copy of the agreement between the landowner and the applicant, if applicant intends to sell fireworks on property owned by some person or entity other than the applicant;

(8)   A listing of security personnel pursuant to section 7-310 of this article, including identification of those who are trained in first aid; and

(9)   The payment for the cost of the permit pursuant to section 7-308 shall accompany the application.

(c)   If the application is approved by the governing body, it shall direct the city clerk to forthwith issue a permit to the applicant for the sale of fireworks on the days specified in the application and at the place indicated in such application.

(d)   If the application is not approved by the governing body, it shall direct the city clerk to notify the applicant within seven days of the decision with return of the permit fee.

(Ord. 379, Sec. 9; Ord. 410, Sec. 3; Code 2003)

Upon submission of a complete application to the governing body, a permit to sell fireworks may be granted upon the following conditions:

(a)   All applications for a permit to sell fireworks shall be submitted to the city clerk at least three days prior to the granting of such permit. No permits shall be granted prior to May 1st of the year in which fireworks will be sold pursuant to such permit.

(b)   Approval of the location upon which fireworks are to be stored and/or sold provided, however, that no such location shall be within 500 feet of another location measured tent to tent unless on opposite sides of a city street, and provided further that each such location upon which fireworks are to be sold shall provide not less than 40 off-street parking stalls for the public. Description and approval of the location referred to herein shall be made by the governing body prior to the issuance of a permit to sell fireworks.

(c)   Safety precautions and equipment for fireworks stands and shooting area: Approval of such safety precautions and equipment shall be by the governing body for the protection and safety of the public and shall substantially comply and be in conformity with the following:

(1)   Firework stands shall have a fire extinguisher and other safety precautions and equipment as required by applicable state laws and regulations and section 7-306;

(2)   During the times that the discharge of fireworks within the city limits is permitted by this article and appropriate applicable resolution of the governing body, each designated shooting area within the city limits will have one fire truck capable of a minimum of 250 gallons of water storage and 250 gallons per minute pumping capacity. The fire truck shall be staffed by not less than two qualified fire personnel. The fire truck, fire personnel, security, and first aid personnel shall be provided by, and at the expense of, the permit holder or permit holders;

(3)   Each permit holder shall provide one security person at the designated shooting area on all authorized shooting dates excepting July 4th, and a minimum of three security persons at the designated shooting area on July 4th in the year in which fireworks are sold by the permit holder. Such security personnel shall regulate the discharge of fireworks within the designated shooting area in order to preserve the public health, safety and property. A list of the security personnel shall be provided to the chief of police at the time of application for the permit and the use of any such listed personnel shall be subject to the approval of the chief of police. The designated shooting area shall have a first aid area staffed by at least one person who is certified to administer first aid, and the designated firs aid person may also serve in the capacity of security person.

(d)   Each vendor shall obtain a policy or policies of public liability insurance in a total minimum amount of $1,000,000, with such coverage as will insure the indemnity of the public and the city. Such policy or policies shall not be cancelable by vendor upon less than 60 days’ notice. Such policy or policies of insurance, or certificate thereof, shall be provided to the city clerk before a permit can be issued and shall be in such form, coverage and amount as to satisfy the city attorney.

(e)   Each vendor shall at all times indemnify the city, its officials, agents and employees, and save them harmless, from and against any and all claims, actions, damages, liability and expense, including but not limited to attorneys’ and other professional fees, in connection with loss of life, personal injury and/or damage to property arising for or out of the storage, sale, transportation and/or discharge of fireworks.

(f)    All fireworks stored or sold shall be of the type allowed by applicable state laws and regulations.

(g)   Payment of a permit fee in the amount designated by section 7-308 for each location, the permit fee to accompany the application.

(h)   Each vendor shall pay a fee of $500 to the city at the time of the issuance of the permit for the clean-up of the common shooting area(s) as designated.

(i)    Any permit to sell fireworks issued pursuant to this section shall be in writing, shall contain thereon such restrictions as may have been imposed by the city governing body and shall be prominently displayed at the location upon which the fireworks are to be sold. The discharge location provided for herein shall be open to the general public irrespective of the residency of persons desiring to discharge fireworks and shall be open during all hours that fireworks may be discharged within the city.

(Ord. 379, Sec. 10; Ord. 410, Sec. 4; Code 2003)

(a)   Except as hereinafter provided, or unless modified by resolution pursuant to section 7-304, the discharge of fireworks within the city shall be permitted only from 10:00 a.m. to 10:00 p.m., except that fireworks may be discharged from 8:00 a.m. through 11:59 p.m. on July 4th. Persons may discharge fireworks within the city limits on July 4th between 8:00 p.m. and 12:00 midnight, provided that the use is restricted to private property of the user or the user has the permission of the property owner prior to the discharge of any fireworks and that further, the use is not upon public or city property, streets, alleys, parks, thoroughfares, or any appurtenance or portion thereof. Provided, however, that no fireworks may be sold or discharged earlier than 12:00 noon on any Sunday.

(b)   The discharge of fireworks citywide is subject to suspension or alteration by the mayor for public safety reasons.

(Ord. 419, Sec. 1; Code 2003)

Upon the determination of the mayor, with the advice of the fire chief, the discharge of fireworks may be terminated and prohibited within the city limits upon the finding by the mayor that the discharge of fireworks constitutes, due to unusually dry weather or otherwise, an immediate hazard to the safety of property or persons within the city. Upon such determination that the discharge of fireworks constitutes an immediate hazard, the city governing body may by resolution and publication prohibit the discharge of fireworks, or in the case of an emergency situation, the mayor is empowered to issue a proclamation prohibiting the discharge of fireworks for not more than 48 hours following the proclamation, which shall be publicized and posted at the city hall and at each public designated and approved discharge area.

(Ord. 379, Sec. 12; Code 2003)

A person shall not ignite or discharge fireworks within 1,000 feet of any hospital, sanitarium or infirmary; into, under, or on a car or vehicle, whether moving or standing still; or on a public roadway or the right-of-way adjoining a public roadway. Fireworks shall not be discharged within 50 feet of any retail fireworks stand or facility where fireworks are stored.

(Ord. 379, Sec. 13; Code 2003)

The violation of any provisions contained in this article shall be an ordinance violation and any person violating any of the provisions of this article shall, upon conviction, be fined a sum not to exceed $500, or by imprisonment for not more than one month, or by both such fine and imprisonment.

(Ord. 379, Sec. 14; Code 2003)

If any section, sentence, subdivision, clause, or provision of this article or application thereof to any person or other entity or circumstances is held invalid or unconstitutional in a court of competent jurisdiction, the remainder of the article and the application of the article and the application of the section, sentence, subdivision, clause or provision to other persons similarly situated or to other circumstances shall not be affected thereby.

(Ord. 379, Sec. 15; Code 2003)