Chapter VII · Fire

ARTICLE 3. FIREWORKS

Sections 7-301 to 7-309 · 9 sections

7-301 Fireworks prohibited.

(a)It shall be unlawful for any person, firm or corporation to keep, store, display for sale, fire, discharge or explode any fireworks, as defined by the rules and regulations of the Kansas state fire marshal, within the first fire zone of Baldwin City at any time, and the fire zone comprising the business area of the city.

(b)It shall be unlawful for any person, firm or corporation to keep, store, display for sale, fire or discharge any fireworks as defined by the rules and regulations of the Kansas state fire marshal within any other portion of the city, except as provided hereinafter.

(c)The term “fireworks” shall mean and include any combustible or deflagrating composition, article, or device suitable for the use of public for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and previously approved for transportation by the chemical laboratory of the United States Department of Transportation.

(Code 1971, 5-301,304; Ord. 1047, Sec. 1; Code 2005)

7-302 Same; exceptions; discharges.

(a)It shall be unlawful for any person or persons to discharge, ignite, explode, or use any fireworks in the city except between June 28th and July 4th, inclusive, and only between the hours of 10:00 a.m. and 10:00 p.m., except that fireworks may be discharged from 10:00 a.m. to Midnight on July 3rd, July 4th, and any Friday or Saturday that falls between June 28th and July 4th in any year, in accordance with section 7-301(a) of this code.

(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 thereof.

(d)It shall be unlawful for any person, firm or corporation to explode or fire any fireworks in or about any motor vehicle or near any animal.

(Code 1971, 5-302, 5-305; Ord. 1047; Code 2005; Ord. 1230; Ord. 1387; Ord. 1404; Ord. 1475)

7-303 Same; exception; sale of fireworks.

It shall be unlawful for any person, firm, or corporation to sell, display for sale or offer to sell, within the city, any fireworks except between June 28th and July 4th, inclusive, and only between the hours of 10:00 a.m. and 10:00 p.m., except that fireworks may be discharged from 10:00 a.m. to Midnight on July 3rd, July 4th, and any Friday or Saturday that falls between June 28th and July 4th in any year, in accordance with section 7-301(a) of this code.

(Code 1985; Ord. 1230; Ord. 1387; Ord. 1404, Ord. 1475)

7-304 Same; permits for sale of fireworks.

It shall be unlawful for any person, firm or corporation to sell at retail any type of fireworks without first securing a permit at a cost of $200.00 per stand from the city clerk on or before June 1 of each year. No application will be processed after June 1. Before the permit can be issued, the permit applicant shall submit a plan for approval of location of stand, storage and parking facilities. If electricity is needed, applicant will be assessed $25.00 for a temporary electric application.

(Ord. 1047, Sec. 1; Code 2005; Ord. 1360)

7-305 Sign posting.

Persons or entities receiving permits for the sale of fireworks within the city limits shall display in a prominent location of the stand with bold letters that are a minimum of two inches in height the following statement: “City Code section 7-302 permits the discharge of fireworks within the city limits from 8:00 a.m. to Midnight on June 27^th through July 5^th.”

(Ord. 1047; Code 2005; Ord. 1230; Code 2011; Ord. 1387; Ord. 1404)

7-306 Bottle rockets prohibited.

It shall be unlawful for any person to sell, fire, or be in possession of bottle rockets or similar fireworks devices within the city.

(Ord. 707; Code 1985)

7-307 Fire protection.

(a)All stands shall post no smoking signs on all four sides of the stand.

(b)All stands are required to have a minimum of two 10-pound certified fire extinguishers.

(Ord. 1047, Sec. 1; Code 2005)

7-308 Authority of police chief and fire chief or the designee of either official.

The police chief and fire chief or the designee of either official are authorized to seize and confiscate all fireworks which may be kept, stored or used in violation of any section of this article, 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 city governing body.

(Ord. 1047, Sec. 1; Code 2005; Ord. 1360)

7-309 Designated area.

No igniting of personal fireworks within a permitted display shall occur.

(Ord. 1360)