(a)   Sale of fireworks restricted. The sale of fireworks is allowed only during the fireworks season, defined as the period beginning June 27 and ending on July 5 of each calendar year. Any group or individual desiring to sell fireworks must first obtain a permit from the City, which shall be good for one season only, with a fee specified in Article 34. The location and the facility from which the sales are to be conducted must meet the requirements of the Kansas Administrative Regulations (KAR) and be approved by the Fire Chief. Permits will be issued only for C-2 General Business zoned areas located along Highway 54 and State Street.

(b)   Use, firing or discharge of fireworks restricted: exception. The firing or discharging of any of the fireworks designated in subsection (a) within the city is hereby prohibited at all times except: (1) in public celebrations, under the supervision of the fire chief after being expressly authorized by the City Council in writing and (2) during the fireworks season from 9:00 a.m. to 11:00 p.m. each day, except on July 4th until midnight.

(c)   Sale; days permitted; fireworks season defined. A seasonal, licensed retailer shall not sell fireworks except during the fireworks season. The fireworks season shall be the period beginning at 9 a.m. June 27 and ending at 5:00 p.m. on July 5th of each calendar year.

(d)   Discharge of fireworks.

(1)   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 person or group of persons, or from, in the direction of or into any vehicle of any kind.

(2)   It shall be unlawful for any person to discharge, ignite or fire any fireworks upon the public streets, alleys or avenues or in any park or public place within the city.

(e)   Approved fireworks. Class 1.4g fireworks are permitted for use within the city limits with the exception of sky rockets, bottle rockets, Roman candles and sky rockets/mortars. All fireworks shall be a type that has been tested and approved for sale and use within the state by the state fire marshal.

(f)    Violations of this section. A first offense shall be subject to a fine of not less than $100.00 and a second or subsequent offense will be subject to a fine not less than $250.00.

(Ord. 6-201A, Art. 8; Ord. 3396, § 1, 6-27-11; Ord. 3404, § 1, 4-9-12; Ord 3444, 5-26-2015; Code 2016, Sec. 38-1)

Any person wishing to put on a public fireworks display within the corporate limits of the city shall, prior to obtaining a permit from the city fire chief, provide to the city:

(a)   Adequate proof of insurance.

(b)   At least three professional references.

(c)   A proposed plan consisting of the time length of the display, the place the display is to be conducted, a list of all personnel involved, and a diagram of the proposed display area.

Such information shall be provided no less than two weeks prior to the time of the proposed display. Such permits shall only be granted for such public displays to celebrate unique occasions and other such dates and events as may be determined appropriate by the city council or its designee.

(Ord. 3247, § 1, 11-9-99; Ord. 3353, § 1, 10-17-06; Code 2016, Sec. 38-73)