Chapter VII · Fire

ARTICLE 3. FIREWORKS

Sections 7-301 to 7-313 · 13 sections

7-301 Fireworks defined.

For purposes of this article, the term fireworks is as defined by K.A.R. 22-6-1, the rules and regulations of the Kansas State Fire Marshall 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.

(Code 1956, 6-301; Code 1997; Ord. 511A; Code 2017)

7-302 Sale and discharge of fireworks prohibited.

(a)Except as provided in sections 7-303:306; it shall be unlawful for any person to keep, store, sell, display for sale, fire, discharge or explode any fireworks.

(b)Nothing in this article shall be construed as applying to:

(1)Toy paper caps containing not more than .25 of a grain of explosive composition per cap;

(2)The manufacture, storage, sale or authorized use of signals necessary for the safe operation of railroad CJs 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 duties;

(4)Law enforcement officers while in the performance of official duty; or

(5)The sale or use blank cartridges for ceremonial, theatrical or athletic events.

(Code 1956, 6-303; Ord. 458; Code 1997; Ord. 511A; Code 2017)

7-303 Same: exceptions; discharges.

(a)Section 7-302 of this article shall not apply to the firing or discharge of fireworks in the City of Miltonvale between the hours of 8:00 a.m. and 12:00 a.m. on July 1st through 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 therefore.

(Code 1956, 6-303:304; Code 1997; Ord. 503; Ord. 511A; Code 2017)

7-304 Same: 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 June 27th and through July 5th of each year.

(Ord. 4; Code 1997; Ord. 503; Ord. 511A; Code 2017)

7-305 Permit for sale of fireworks required; fee; issuance.

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. The permit fee shall not be refundable upon failure to qualify for the permit or withdrawal or cancellation of the application or permit.

(Code 1997)

7-306 Permit for public fireworks display required.

(a)It shall be unlawful for any person to give or provide a fireworks display for the public or for organized groups without first obtaining a permit to do so by making application at least 30 days in advance of the desired display. Approval of the permit shall be by the governing body. No permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $100,000 written by an insurance carrier licensed to do business in Kansas, conditioned as being non-cancellable except by giving 10 days advance written notice to the city clerk. In the event of cancellation of the insurance prior to the display, the permit shall automatically be revoked and void. The application for the permit shall clearly state:

(1)The name of the applicant.

(2)The group for which the display is planned.

(3)The location of the display.

(4)The date and time of the display.

(5)The nature or kind of fireworks to be used.

(6)The name of the person-, firm or corporation that will make the actual discharge of the fireworks.

(7)Anticipated need for law enforcement, fire or other municipal services.

(b)No permit shall be issued if the location, nature of the fireworks or other relevant factor is such as to create an undue hazard or risk of harm or damage to persons or property.

(Code 1956, 6-304; Code 1997)

7-307 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.

7-308 Discharge or throwing of fireworks.

(a)It shall be unlawful for any person to discharge, ignite or fire any fireworks upon any public street, alley or avenue or in any park or public place within the city.

(b)It shall be unlawful for any person to throw, cast or propel fireworks of any kind in the direct 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. 511A; Code 2017)

7-309 Storage, sale, handling.

Fireworks to be sold at wholesale shall be stored in a room set aside for the storage of fireworks only. Over the entrance to this room shall be posted a sign reading: ‘FIREWORKS -- NO SMOKING -KEEP OPEN FLAMES AWAY.’

(Ord. 511A; Code 2017)

7-310 Storage near flammable substances prohibited.

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 in unbroken containers, unless in a separate and distinct section or department of the store.

(Ord. 511A; Code 2017)

7-311 Exposure for sale restricted.

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, and all fireworks kept for sale on front counters must remain in original packages, except where an attendant is on constant duty at all times at counters were such fireworks are on display: Provided, however, That fireworks in open stock may be kept in show cases or counters out of reach of the public without an attendant being on duty. Signs reading, ‘FIREWORKS FOR SALE -- NO SMOKING ALLOWED,’ shall be displayed in the section of the store set aside for the sale of fireworks.

(Ord. 511A; Code 2017)

7-312 Fire extinguishers required.

Two approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all buildings where fireworks are sold. 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 buckets, or a loaded water hose with nozzle end within fifteen feet of fireworks stand.

(Ord. 511A; Code 2017)

7-313 Storage, sale near gasoline or other stations selling flammable liquids.

Fireworks shall not be stored, kept, sold or discharged within fifty (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. 511A; Code 2017)