TITLE 8. HEALTH AND SAFETYTITLE 8. HEALTH AND SAFETY\Chapter 8.20 FIREWORKS

For the purposes of this chapter, “fireworks” means and includes any combustible or explosive composition, or any substance or combination of substances, or article, prepared for the purpose of producing a visible or any audible effect by combustion, explosion, deflagration or detonation, except paper caps for use in cap pistols containing not more than .25 grains of explosive mixture.

(Ord. 670 § 1, 1982)

A.    No person shall display or offer any fireworks for sale to any person at retail, except between the hours of six a.m. and twelve midnight on July 1st through July 5th in any year, and without first obtaining a license from the city clerk.

B.    No person shall display or offer any fireworks for sale to any person at retail unless a person eighteen years of age or older is present to supervise such displaying. or offering of fireworks for sale, and unless a sufficient chemical or other fire extinguisher is present at all times when such displaying or offering of fireworks for sale occurs.

C.    This section shall not be construed as granting the right to sell at any time any of the types, kinds or classes of fireworks which are prohibited from sale in Kansas by the rules and regulations of the State Fire Marshal’s Department.

D.    Fireworks may be sold upon approval of the governing body on certain days and upon conditions set out in this chapter.

(Ord. 670 § 2, 1982; Code 2016)

An applicant for a license pursuant to this chapter shall be at least eighteen (18) years of age, and pay to the city clerk a fee of Twenty-five ($25.00) dollars at the time of making such application. No license required herein shall be issued after July first of any year, and all licenses shall be issued providing for the sale of fireworks only between the hours of 6:00 a.m. and 12:00 o’clock midnight on July 1st through July 5th in any year. No such license shall be issued until the place of business or stand for which such license is sought has been approved, in writing, by the public safety department. No such license shall be issued for a place of business or stand located in an area unless such area is zoned for commercial or industrial use. No such license shall be issued for a place of business or stand located between the sidewalk and curbline of any street, or, if no sidewalk is present, nearer than twenty (20) feet from the curbline of any street. No such license shall be issued unless the applicant therefor, in applying for such license, shall certify that a person eighteen (18) years of age or older will be present to supervise such displaying or offering of any fireworks for sale, at all times when such place of business or stand for which such license is sought is displaying or offering of any fireworks for sale. No such license shall be issued unless the applicant therefor, in applying for such license, shall certify that a sufficient chemical or other type of fire extinguisher will be present at all times when such place of business or stand for which such license is sought is displaying or offering any fireworks for sale. The fee shall be the amount that is established, from time to time, by the governing body of the city.

(Ord. 670; Ord. 890; Code 2016)

It is unlawful for any person to set off, discharge or explode, or to knowingly permit any other person on premises owned or controlled by him to set off, discharge or explode any fireworks, except that between the dates of July 1st and July 5th in any year those articles of fireworks which are permitted to be sold in Kansas by the rules of the State Fire Marshal’s Department may be set off, discharged or exploded; provided, however, that upon approval of the governing body, fireworks to be used for exhibition purposes for celebrations may be sold and fired which otherwise are prohibited from being sold to individuals, provided the individuals in charge of the same are experienced in the handling of fireworks, and the public attending such exhibition is kept at a safe distance; and provided, further, that no fireworks of any kind may be set off, discharged or exploded at any time or under any circumstances on the following streets (including the sidewalks) of the city: 17th, 18th and 19th Streets, between Land N Streets, and L, M and N Streets, between 17th and 19th Streets.

(Ord. 670 § 4, 1982; Code 2016)

It is unlawful for any person to throw or threaten to throw any article of fireworks so as to cause it to explode or discharge in or under any automobile, bicycle, motorcycle or other vehicle or conveyance, or to throw or threaten to throw any such article in such a manner as to permit it to explode near enough to any person to injure such person or cause damage to his clothing, or to throw such article in such a manner as to permit it to explode within twenty feet of any animal.

(Ord. 670 § 6, 1982)

It is unlawful and a traffic violation for any driver of or any passenger in or on a motor vehicle moving upon a street, alley or driveway to discharge any article of fireworks in such motor vehicle, or to throw or threaten to throw or knowingly permit another to throw or threaten to throw from such moving vehicle any article of such fireworks so as to cause it to explode or discharge outside such vehicle.

(Ord. 670 § 5, 1982)

Any person who violates or maintains any violation of any provisions of this chapter, upon conviction thereof, shall be fined in an amount not to exceed one hundred dollars. Each day such violation is maintained shall constitute a separate offense.

(Ord. 670 § 7, 1982)