Chapter 8.30
FIREWORKS
Sections:
8.30.03 Exceptions – Discharges.
8.30.04 Exception – Sale of fireworks.
8.30.05 Permit for sale of fireworks required – Fee – Issuance.
8.30.06 Approved fireworks – Bottle rockets prohibited.
8.30.08 Sale of fireworks – Where prohibited.
8.30.09 Retail display of fireworks.
8.30.10 Fire extinguishers required.
8.30.11 Authority of fire chief.
8.30.01 Fireworks defined.
For purposes of this chapter, 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, pinwheels, cap or toy pistols (except such pistols or any like device designed to discharge paper caps containing not more than 0.25 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. 711. Code 1996 § 7-301)
8.30.02 Fireworks prohibited.
(a) Except as provided in BSMC 8.30.03 through 8.30.05, it shall be unlawful for any person to keep, store, display for sale, fire, discharge or explode any fireworks.
(b) Nothing in this chapter shall be construed as applying to:
(1) Toy paper caps containing not more than 0.25 grains 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. (Ord. 711. Code 1996 § 7-302)
8.30.03 Exceptions – Discharges.
(a) BSMC 8.30.02 shall not apply to the firing or discharge of fireworks in the city between the hours of 8:00 a.m. and 12:00 a.m. on July 4th.
(b) The governing body of the city may, in its discretion, grant 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.
(c) It shall be unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained a permit therefor. (Ord. 711. Code 1996 § 7-303)
8.30.04 Exception – Sale of fireworks.
Any person who has first obtained a valid permit to sell fireworks within the city may do so between the hours of 8:00 a.m. and 12:00 a.m. commencing July 1st and through July 4th of each year. (Ord. 711. Code 1996 § 7-304)
8.30.05 Permit for sale of fireworks required – Fee – Issuance.
(a) It shall be unlawful for any person to sell, display for sell, offer to sell or give away any type of fireworks within the city without first obtaining a license as per BSMC 5.5.01.
(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. (Ord. 711. Code 1996 § 7-305)
8.30.06 Approved fireworks – Bottle rockets prohibited.
(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. 711. Code 1996 § 7-307)
8.30.07 Throwing prohibited.
It shall be unlawful for any person to throw, cast or propel fireworks of any kind in the direction 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. 711. Code 1996 § 7-309)
8.30.08 Sale of fireworks – Where prohibited.
(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. 711. Code 1996 § 7-310)
8.30.09 Retail display of fireworks.
(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. (Ord. 711. Code 1996 § 7-311)
8.30.10 Fire extinguishers required.
(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, or in lieu of the fire extinguisher, a pressurized water hose with nozzle end within five feet of the fireworks stand. (Ord. 711. Code 1996 § 7-312)
8.30.11 Authority of fire chief.
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 chapter, 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. 711. Code 1996 § 7-314)