For the purpose of this article, 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, pin wheels, cap or toy pistols (except such pistols or any like device designed to discharge paper caps containing nor 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 black cartridges.

(Ord. 1741, Sec. 1)

It shall be unlawful for any person to give or provide a firework display for the public or for any organized group without first obtaining a permit to do so by making an 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 certificate of public liability insurance for a display in a minimum amount of $250,000, written by an insurance carrier licensed to do business in Kansas conditioned as being noncancelable except for 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 the following:

(a)   Name of the applicant.

(b)   The group for which the display is planned;

(c)   The location of display;

(d)   The date and time of the display;

(e)   The nature and kind of fireworks to be used;

(f)   The name of the person who will make the actual discharge of the fireworks;

(g)   Anticipated need for police, fire or other municipal services.

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

(Ord. 1741, Sec. 4; Code 2019)

The governing body of the city may, at 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 and discharged and fired as not to be a fire hazard, endanger persons or surrounding property. It shall be unlawful for any person to give any public display of fireworks without having first obtained a permit thereof.

(Ord. 1741, Sec. 3)

All fireworks 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. Bottle rockets and other similar self-propelled fireworks or fireworks devices consisting of tube and attached guiding stock or rods shall not be discharged in the city.

(Ord. 1741, Sec. 5)

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

(Ord. 1741, Sec. 6)

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 animal, person or group of persons, or into or at any vehicle of any kind.

(Ord. 1741, Sec. 7)

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 article and all the rules of the State Fire Marshal. He or she shall dispose of such fireworks as may be directed by the governing body.

(Ord. 1741, Sec. 8)

Fireworks may be discharged in the City limits and Lake Park from July 1 to July 5 each year. The hours of discharge shall be from 8 a.m. to midnight on July 1, 2, 3 and 4. The hours of discharge shall be from 8 a.m. to 6 p.m. on July 5.

(Ord. 1741, Sec. 9; Ord. 1995; Ord. 2199; Code 2019)

It shall be unlawful for any person to use or ignite fireworks within 300 feet of where a public fireworks event is planned for a period of 24 hours prior to the event and extending through the conclusion of such event.

(Ord. 1935; Code 2019)

The sale of fireworks within the City limits shall be allowed beginning at 8:00 a.m. on June 27 and ending on July 5 at midnight, subject to the requirements of this article.

(Ord. 2199; Code 2019)

A permit is required for the sale of fireworks in the City limits. A permit fee of $100.00 shall be paid to the City Clerk.

(Ord. 2199; Code 2019)

Fireworks may be sold only in areas zoned as commercial within the City limits. Additionally, there shall be no sale of fireworks in the commercial district closer than 100 feet to any residence.

(Ord. 2199; Code 2019)

Any person selling fireworks within the City limits must maintain liability insurance in the minimum amount of $500,000.00.

(Ord. 2199; Code 2019)