[Ord. No. 526, 8-24-1977; CC 2000 §7-101]
"Fireworks", as used in this Article, means
and includes any combustible or explosive composition or any substance
or combination of substances or article prepared for the purpose of
producing a visible or audible effect by combustion, explosion, deflagration
or detonation and shall include blank cartridges, toy pistols, toy
cannons, toy canes or toy guns in which explosives are used, the type
of balloons which require fire underneath to propel the same, firecrackers,
torpedoes, skyrockets, Roman candles, Daygo bombs or other devices
of like construction and any devices containing any explosive or flammable
compound or any tablets or other device containing any explosive substance.
Fireworks does not include sparklers, toy pistols, toy canes, toy
guns or other devices in which are used paper caps which contain an
average of twenty-five hundredths (0.25) or less of a grain of explosive
content per cap, nor any toy pistol paper caps manufactured as provided
herein, the sale and use of which shall be permitted at all times.
Each package containing toy paper caps offered for retail sale shall
be labeled to indicate the maximum explosive content per cap.
[Ord. No. 526, 8-24-1977; CC 2000 §7-102]
[Code 1974 §5-110; CC 2000 §7-103]
Nothing in these regulations shall apply to a public exhibition
of fireworks where a pyrotechnic expert is used and where a permit
has been obtained from the City Clerk.
[Code 1974 §5-111; Code 1987; CC 2000 §7-104]
A.
An applicant
for a permit for a public exhibition or display of fireworks shall
file with the City Clerk a written application at least thirty (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 one million dollars ($1,000,000.00), written
by an insurance carrier licensed to do business in Kansas, conditioned
as being non-cancelable except by giving ten (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. Such application shall set forth the following:
1.
The
name of the person, association, organization or corporation sponsoring
the display, together with the names of the persons to be in charge
of the firing or discharging of the display.
2.
The
date and time of day at which the display is to be held.
3.
The
exact location planned for the display.
4.
A description
setting forth the age, experience, residence and physical characteristics
of the persons who are to do the actual firing and discharging of
the fireworks.
5.
The
number and kinds of fireworks to be discharged.
6.
The
manner and place of storage of such fireworks between the date of
purchase and the date of display.
7.
A diagram
or sketch of the grounds on which the display is to be held, showing
the point at which the fireworks are to be discharged, the location
of all buildings, streets and other lines of communication, the lines
behind which the public will be restrained, and the location of all
nearby trees, telegraph or telephone lines or other overhead obstruction.
[Code 1974 §5-112; CC 2000 §7-105]
An application for a permit for a public exhibition or display
of fireworks shall be filed with the City Clerk at least ten (10)
days before the date set for the display.
[Code 1974 §5-113; Code 1987; CC 2000 §7-106]
A copy of the application for a permit for public exhibitions
shall be sent at once to the Chief of Police who shall make or cause
to be made an investigation of the site of the proposed display and
investigate the competence and skill of the persons in charge of the
firing of the fireworks. If satisfied that the display will be conducted
lawfully and in accordance with this Chapter, he/she shall so advise
the City Clerk who shall issue the permit. The applicant for a permit
shall, at the time of filing application therefore, pay to the City
Clerk a fee as established by the City Council, which sum shall be
refunded in the event the application for such permit is denied.
[Code 1974 §5-114; Ord. No. 526, 8-24-1977; CC 2000 §7-107]
Any person violating this Article shall upon conviction be fined
a sum not to exceed one hundred dollars ($100.00) or be imprisoned
for a period not to exceed one (1) month, or both such fine and imprisonment.
