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 .25 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.
(Ord. 564; Code 2018)
(a) No person shall sell or discharge fireworks within the city, except for June 29 to July 5, inclusive, in each year, and only between the hours of 9:00 a.m. and 11:00 p.m., except that fireworks may be discharged between 9:00 a.m. to midnight, on July 4.
(b) Fireworks shall not be sold or fired at any time on public property, in the public streets or alleys, or parks, or in the central business district of the city which is defined as the 100 block of North Washington.
(c) The governing body of the city may, in its discretion, grant special permission at any time for the public display of fireworks by responsible individuals or organizations when such display or displays shall be of such a character and so located, discharged and fired as shall not be a fire hazard or endanger persons or surrounding property.
(Ord. 564; Code 2018)
(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.
(Ord. 564; Code 2018)
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.
(Ord. 564; Code 2018)
(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 fire chief deems there is a fire hazard, he or she is hereby authorized to have such hazard abated.
(Ord. 564; Code 2018)
(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, a pressurized water hose with nozzle end within five feet of the fireworks stand.
(Ord. 564; Code 2018)
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.
(Ord. 564; Code 2018)
The chief of the fire 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. 564; Code 2018)
Any person violating this article and found guilty shall be deemed to be guilty of an unclassified misdemeanor, and will be responsible to pay any fine levied by the judge, as well as court costs, and restitution for any damage or injuries incurred.
(a) Any first offense will receive a written warning IF there is no physical or property damage. If there is physical and/or property damage, and/or the fireworks are not approved (see Section 3.), a ticket will be issued. A fine, to be decided by the judge of not less than ten ($10.00) dollars, and not more than one hundred ($100.00) dollars, plus court costs and any restitution for documented physical and/or property damage could be assessed, even as a first offense.
(b) A second offense will result in a ticket with the fine to be decided by the judge of not less than twenty ($20.00) dollars or not more than one hundred fifty ($150.00) dollars, plus court costs and any restitution for documented physical and/or property damage.
(c) A third offense will result in a ticket with the fine to be decided by the judge of not less than forty ($40.00) dollars or not more than two hundred fifty ($250.00) dollars, plus court costs and any restitution for documented physical and/or property damage. In addition, the law enforcement officer, at the time he or she issues the third ticket (warning ticket is counted as #1), shall impound any such fireworks found in the possession of the offender. Only the judge shall release any of said impounded fireworks.
(d) After the first and second offense, if the offender is less than eighteen (18) years of age, and if possible and feasible, a parent or guardian will be contacted by telephone, personal visit, or written statement by a law enforcement officer. After the third offense, if the offender is less than eighteen (18) years of age, a parent or guardian may write a request to the judge to have the fireworks released. The judge at such time may deem the parent or guardian to be the violator of this article if sufficient evidence warrants such, and any further violations of said ordinance by the underage child will result in the parent or guardian being ticketed.
(Ord. 564; Code 2018)