As used in this Article the following words and phrases shall have the following meaning:
(a) Fireworks means and includes any combustible or deflagrating composition, Article, or device suitable for use of the public for the purpose of producing a visible or audible effect by combustion, deflagration or detonation.
(b) Class C fireworks (common fireworks) means fireworks designed primarily to produce visible effects by combustion.
(c) Nothing in this Article shall be construed as applying to: Storage, sale or use of signals necessary for safe operation of railroads or other class of public or private transportation, or other class of public or private transportation, or use of blank cartridges for ceremonial or theatrical or athletic events, nor as prohibiting the firing of sky rockets or missiles when produced by a science class of any school and when under supervision of the science instructor and when the place and time of firing the sky rockets or missiles have been approved by the Fire Chief, and shall not apply to those items excepted by the regulations of the State fire marshal as set forth in the Kansas Administrative Regulations.
(Ord. 1527, Sec. 1)
The sale, use, manufacture, storage, possession, and discharge of all pyrotechnic items listed as follows are permitted with the limitations described:
(a) Ground and handheld sparkling devices.
(1) Dipped stick or sparkler. Stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition may not exceed 100 grams per item. Those devices containing any perchlorate or chlorate salts may not exceed five grams of pyrotechnic composition per item.
(2) Cylindrical fountain. Cylindrical tube not more than three-fourths of an inch (19 millimeters) interior diameter, containing up to 75 grams of pyrotechnic composition. Upon ignition, a shower of colored sparks, and sometimes a whistling effect, is produced. This device may be provided with a spike for insertion into the ground, a wood or plastic base for placing on the ground, or a wood or cardboard handle, if intended to be handheld.
(3) Cone fountain. Cardboard or heavy paper cone containing up to 50 grams of pyrotechnic composition. The effect is the same as that of a cylindrical fountain.
(4) Illuminating torch. Cylindrical tube containing up to 100 grams of pyrotechnic composition. Upon ignition, colored fire is produced. May be spike, base, or handheld.
(5) Wheel. Pyrotechnic device attached to a post or tree by means of a nail or string. Each wheel may contain up to six “driver” units, tubes not exceeding one-half inch (12.5 millimeters) inside diameter and containing up to 60 grams of pyrotechnic composition. Upon ignition, the wheel revolves, producing a shower of color and sparks and, sometimes a whistling effect.
(6) Ground spinner. Small device similar to a wheel in design and effect and placed on the ground and ignited. A shower of sparks and color is produced by the rapidly spinning device.
(7) Flitter sparkler. Narrow paper tube filled with pyrotechnic composition that produces color and sparks upon ignition. This device does not have a fuse for ignition. The paper at one end of the tube is ignited to make the device function.
(b) Aerial devices.
(1) Helicopter, aerial spinner. A tube not more than one-half of an inch (12.5 millimeters) interior diameter and containing up to 20 grams of pyrotechnic composition. A propeller or blade is attached, which, upon ignition, lifts the rapidly spinning device into the air. A visible or audible effect is produced at the height of flight.
(2) Roman candle. Heavy paper or cardboard tube not exceeding three-eighths of an inch (9.5 millimeters) inside diameter and containing up to 20 grams of pyrotechnic composition. Upon ignition, up to ten “stars” (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals.
(3) Mine, shell. Heavy cardboard or paper tube up to 2½ inches (63.5 millimeters) inside diameter attached to a wood or plastic base and containing up to 40 grams of pyrotechnic composition. Upon ignition, “stars” (pellets of pressed pyrotechnic composition that burn with bright color), firecrackers, or other devices are propelled into the air. The tube remains on the ground.
(c) Audible ground devices.
(1) Firecracker, salute. Small paper-wrapped or cardboard tube containing not more than 50 milligrams or pyrotechnic composition. Upon ignition, noise and a flash of light are produced.
(2) Chaser. Small paper or cardboard tube that travels along the ground upon ignition. A whistling effect, or other noise, is often produced. The explosive composition used to create the noise may not exceed 50 milligrams.
(d) Combination items. Fireworks devices containing combinations of two or more of the effects described in subsections (a), (b), and (c) of this section.
(e) Novelties and trick noisemakers.
(1) Snake, glow worm. Pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. These devices may not contain mercuric thiocyanate.
(2) Smoke device. Tube or sphere containing pyrotechnic composition that, upon ignition, produces white or colored smoke as the primary effect.
(3) Wire sparkler. Wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. These items may not contain magnesium and must not exceed 100 grams of composition per item. Devices containing any chlorate or perchlorate salts may not exceed five grams of composition per item.
(4) Trick noisemaker. Item that produces a small report intended to surprise the user. These devices include:
(A) Party popper. Small plastic or paper item containing not more than 16 milligrams of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.
(B) Booby trap. Small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction-sensitive composition, producing a small report.
(C) Snapper. Small, paper-wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.
(D) Trick match. Kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.
(E) Cigarette load. Small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced.
(F) Auto burglar alarm. Tube which contains pyrotechnic composition that produces a loud whistle and/or smoke when ignited. A small quantity of explosive, not exceeding 50 grams, may also be used to produce a small report. A squib is used to ignite the device.
(Ord. 1527, Sec. 1; Code 2014; Ord. 2421)
(a) Fireworks shall not be sold or kept for sale in a place of business where paints, oils, varnishes, turpentine or gasoline, or other flammable substances are kept. Four approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all buildings where fireworks are sold. All fire extinguishers required herein shall be at least of type A standard (2A‑10BC). Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have a fire extinguisher, or in lieu of the fire extinguisher a barrel of water with at least two (2) buckets, or a loaded water hose with nozzle end within fifteen (15) feet of fireworks stand.
(b) No person, firm, or corporation shall offer fireworks for sale to individuals before the 27th day of June and after the 4th day of July of any given year and before the 28th day of December 1999 and after the 1st day of January 2000.
(c) Retail sales restricted. Persons desiring to sell fireworks in the City shall secure each year a permit from the Building Official. Such permit shall be issued upon payment of the required fee and incompliance with Article XXII, Section 5, Paragraph 7 of the Zoning Ordinance. A separate permit for fireworks sale only shall be required for each separate sales location.
(d) All retailers are forbidden to expose fireworks where sun shines through glass on the merchandise displayed, except where fireworks are in the original package, and all fireworks kept for sale on front counters must remain in original packages, except where an attendant is on constant duty. All retail stands will display “No Smoking” signs.
(e) Storage, sale near gasoline or other stations selling flammable liquids. Fireworks shall not be stored, kept, sold or discharged within one hundred (100) feet of any gasoline pump, gasoline filing station, gasoline bulk station or any building in which gasoline or volatile liquids are sold.
(f) It shall be unlawful to offer for sale any fireworks of a type that has not been treated and approved for sale and use within the State of Kansas by the State fire marshal. All new pieces of fireworks not having been tested by the State fire marshal shall be submitted to the State fire marshal for test and approval of rejection before offering for sale to retailers or individuals within the City. It shall be unlawful to sell any fireworks item that is not properly labeled as to the manufacturer and as to the contents of the item. It shall be illegal to sell, possess, manufacture, fire or transport, excepted as provided herein, all fireworks as defined not bearing the label I.C.C. or D.O.T. Class C common fireworks.
(g) In addition to the above requirements and the requirements of the City building and fire codes, prohibited fireworks to be sold at wholesale or retail for public displays as permitted under this Article shall be in a room or building set aside for the storage for fireworks only. Construction shall be of brick, block, concrete or 5/8 inch dry wall interior and brick, block or concrete exterior wall. All exterior doors and frames shall be of metal with metal doors and windows (wooden frames shall be allowed if metal bars are over doors and windows). A sign reading “FIREWORKS ‑ NO SMOKING” shall be posted over the entrance.
(Ord. 1527, Sec. 1; 1878, Sec. 1, 2260; Ord. 2547)
(a) Discharging of fireworks shall be allowed only between the hours of 9:00 a.m. and 11:00 p.m. on July 3rd and July 4th of any given year. Fireworks shall not be ignited or discharged within 1,000 feet of any hospital, sanitarium or infirmary. No person shall ignite or discharge any fireworks into, under or on a car or vehicle, whether moving or standing still. Fireworks shall not be discharged within one hundred (100) feet of any retail stand or facility where fireworks are stored. Discharging or igniting fireworks in violation of the provisions of this Section shall be unlawful.
(b) It shall be unlawful for any person to throw or place any fireworks in any gathering of persons.
(c) It shall be unlawful for any person to throw, place, or ignite or discharge any fireworks on the sidewalks, streets, alleys or any other public property, including parks or public parking lots of the City.
(d) It shall be unlawful for any person to set off or discharge any fireworks in any building.
(Ord. 1527, Sec. 1; Ord. 1878, Sec. 1; Ord. 2112, Sec. 1)
All persons discharging fireworks for public display within the City limits shall obtain a City permit. Permits will be issued only to those persons with the requisite competence and skill in the opinion of the Fire Chief and only when in the opinion of the Fire Chief the proposed display will be conducted in a manner not hazardous to persons or property.
(Ord. 1527, Sec. 1)
(a) An applicant for permit for sale of fireworks or for a public exhibition or display of fireworks shall file with the Building Official a written application duly subscribed and sworn to by the applicant.
(b) Such application shall set forth the following:
(1) The name of the association, organization or corporation, together with the names of the persons to be in charge of the sales or of the firing and discharging of the display;
(2) The date and time of day at which the sales or display is to be held;
(3) The exact location planned for the display;
(4) In the case of a display, a description setting forth the age, experience, residence, and physical characteristics of the persons who are to do the actual firing and discharging of the fireworks;
(5) The number and kinds of fireworks to be discharged at the display;
(6) The manner and place of the storage of fireworks for the display between the date of purchase and the date of display;
(7) A diagram or sketch of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of all buildings, streets, and other lines of communication; the lines behind which the public will be restrained; and the location of all nearby trees, telegraph, telephone lines, or other overhead obstructions.
(c) An application fee for display may be charged in an amount to be set by the City Council.
(d) A license fee for the sale of fireworks at each location shall be established by the City Council.
(Ord. 1527, Sec. 1; Ord. 1827, Sec. 3, Ord. 2260)
Before a permit will be issued for the sale of fireworks or for a public exhibition or display of fireworks, the applicant shall file with the City Clerk a certificate of liability insurance policy in the minimum amount of $100,000 for one person and $500,000 for injury to or death of more than one person, $100,000 coverage for damage to property, with a minimum aggregate amount of $2,000,000, and $500,000 in workers compensation coverage. The certificate of insurance shall name the City as an additional named insured
(Ord. 1527; Code 2014)
No fireworks shall be discharged, ignited, or exploded at any point in the City within 1,000 feet of any hospital, sanitarium, nursing home, health care facility, infirmary or similar facility.
The audience at a public display of fireworks shall be restrained a safe distance from which the fireworks are discharged, and only persons in active charge of the display shall be allowed inside these lines.
All fireworks that fire a projectile shall be set up so that the projectile will go into the air as nearly as possible at an angle of not more than 15 degrees from vertical and directed away from the spectator. Where such fireworks are to be fired beside a lake or other large body of water, they may be directed in such a manner that the falling residue from the deflagration will fall into such body of water.
Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a safe manner for the particular type of fireworks and as directed by the Fire Chief.
No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than thirty (30) miles per hour. In such cases, the Fire Chief may authorize the display at a future date suitable to the group holding the display. There shall be at all times at least two (2) operators of the display constantly on duty during the discharge, at least one of which shall be an adult.
(Ord. 1527, Sec. 1)
At a public display of fireworks at least two (2) fire extinguishers of a type approved by the Fire Chief shall be kept at as widely separated points as possible within the actual area in which the discharging is being done.
(Ord. 1527, Sec. 1)
The Fire Chief and all Law Enforcement Officers are charged with the duty of enforcing all of the provisions, terms, and regulations of this Article.
The Fire Chief and Law Enforcement Officers may confiscate or cause to be confiscated and removed and stored, retained and disposed of at the owner’s expense all stocks of fireworks offered or exposed for sale, sold at retail, stored, possessed or held in violation of this Article or in violation of the laws of the State of Kansas and the rules and regulations of the Kansas State Fire Marshal. The storage, retention and disposition of such confiscated fireworks shall be subject to and governed by Kansas State Fire Marshal regulations including but not limited to Kansas Administrative Regulations 22‑6‑13 and 22‑6‑14 and amendments thereto.
(Ord. 1527, Sec. 1)
Nothing in this Article shall be construed as prohibiting any resident wholesalers, dealer, or jobber from selling at wholesale such fireworks as are not herein prohibited or the selling of any kind of fireworks if the fireworks are to be shipped out of the City. Nothing in this Article shall be construed as prohibiting the manufacture, storage, sale, or use of signals, fuses, or fireworks necessary for the sole operation of railroads, trucks, aircraft, or other instrumentalities of transportation or of blank cartridges and blank pistols for a show or theater or for signal or ceremonial purposes in athletic events or for use by governmental agencies or licensed contractors for the eradication, removal or relocation of birds or other pests, or for use by military organizations or for use by a science class under the supervision of a certified science instructor when the place and time of firing have been approved by the Fire Chief. Nothing in this Article shall be construed to prevent, prohibit or regulate the manufacture, storage, sale or use of model rockets and model rocket motors designed, sold and used for the purpose of propelling recoverable aero models not considered to be fireworks. Nothing in this Article shall be construed to prevent, prohibit, or regulate the use of explosives of any nature or any substance or device used in connection with such explosives in any building or construction work or activities within the City as provided in the Fire Prevention Code of the City.
(Ord. 1527, Sec. 1)
(a) Violation of any provision of this Article shall be unlawful and shall be punishable by a fine of not less than $50 or more than $1,500 or by imprisonment for a period not exceeding 90 days or by both such fine and imprisonment in the discretion of the Court. Each violation shall constitute a separate offense.
(b) In addition, any violations of the provisions of this Article which result in a conviction in the Municipal Court of the City or any State court within Kansas shall bar the person so convicted from obtaining City permits and licenses relating to fireworks for a period of two (2) years.
(Ord. 1527, Sec. 1; Ord. 2112, Sec. II)
If in the opinion of the Fire Chief, City Manager and Mayor it appears that a fireworks related disaster has occurred or the threat thereof is imminent within the City, a proclamation may be issued pursuant to the limitations, conditions, restrictions and requirements set out in the laws of the State of Kansas including but not limited to K.S.A. 48‑932 which proclamation may prohibit the sale, use and discharge of fireworks within the City.
(Ord.1527, Sec. 1)
The sale, use, manufacture, storage, possession, and discharge of all pyrotechnic items not approved in section 7-302 are prohibited, except as otherwise provided in this article, including, but not limited to, the following items:
(a) Bottle rocket. Any rocket mounted on a stick
(b) Sky rocket. Tube not exceeding one-half of an inch (12.5 millimeters) interior diameter that may contain up to 20 grams of pyrotechnic composition. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color, noise, or both is produced at the height of flight.
(c) Missile-type rocket. A device similar to a sky rocket in size, composition, and effect that uses fins rather than a stick for guidance and stability and has a report.
(d) Unmanned aerial luminary; sky, Chinese, or Kongming lantern; sky candle; or fire balloon. A device resembling a small hot air balloon, constructed of lightweight material which is capable of traveling through the air when powered by fire or a fuel cell until such fire or fuel cell deteriorates, causing such device to fall to the ground at an unknown location.
(Ord. 1527; Ord. 2421)