(a)   Definition. Class C Fireworks (“Consumer Fireworks”) means fireworks designed primarily to produce visible effects by combustion. The definition of Consumer Fireworks is based on the definition of the United States Department of Transportation of Consumer Fireworks (Code of Federal Regulations, Title 49, ¶ 173.100(R)). Some small devices designed to produce an audible effect are included, but only when containing two grains or less of pyrotechnic compositions. Propelling or expelling charges consisting of a mixture of sulfur, charcoal, and potassium nitrate (saltpeter) are not considered as designed to produce an audible effect.

(b)   Firing or Discharging of Consumer Fireworks. Consumer Fireworks may be fired or discharged on private property and in public places (public places means areas owned and/or operated by the city that are designated for such purposes by the governing body of the city) between the hours of 8:00 a.m. and 10:30 p.m. on June 27 through July 5. Public places that are designated for the firing and discharging of Consumer Fireworks shall be marked with signs that identify that the place is a designated firing and discharge place and a list of such places shall be kept at city hall for public inspection June 27 through July 5 each year. The governing body shall decide whether to have designated Consumer Fireworks places and where such places are to be located by June 15 of each year.

(c)   Sale of Consumer Fireworks. Any person who has first obtained a valid permit to sell Consumer Fireworks within the city may do so between the hours of 8:00 a.m. and 10:30 p.m. commencing June 27 through July 5 of each year.

(d)   PERMITS FOR SALE OF FIREWORKS REQUIRED; FEE; ISSUANCE. The purpose of this section of the Code of the City is to permit locations for the sale of fireworks within the city limits of the City, which controls the inconvenience, interference with pedestrian and vehicular traffic and damage to the public that could be caused by the unregulated placement of locations for the sale of fireworks within the city limits.

(1)   It is unlawful for a person to sell, display for sale, offer to sell or give away Consumer Fireworks within the City limits, without first securing a permit to do so from the City Clerk of the City. A permit will authorize a holder of a permit to sell and display Consumer Fireworks from June 27 to July 5 of the year the permit is issued.

(2)   Applications for a permit shall be submitted on forms prepared by the City and filled in and certified by the applicant. All applications shall have a sponsorship by a non-profit organization from within the City.

(3)   The permit fee for a permit to sell and display Consumer Fireworks is Six Thousand Dollars ($6,000.00) per premises and must be paid to the City at the time an application is submitted. The permit fee is non-refundable regardless of whether an application is denied based on failure to qualify for a permit or whether the permit is withdrawn or canceled after it has been issued.

(4)   A permit will not be issued if the selling of Consumer Fireworks would not be done in compliance with pertinent City Codes, City Zoning regulations, State statutes and State regulations, and a permit will not be issued for a location unless and until the location has been inspected and approved for compliance with Sedgwick County resolutions and regulations by a Sedgwick County inspector.

(5)   Applications for permits will not be accepted before the first day of February of the year for which the permit is to be issued. Applications must be submitted on or before the first business day following May 31 of the year for which the permit is to be issued.

(6)   A permit holder under this Section 7-201(d) shall procure and maintain a policy of general liability insurance covering the sale and display of Consumer Fireworks under the permit in an amount of not less than one million dollars ($1,000,000) per occurrence. Such insurance shall be with an insurance company authorized to do business in the State of Kansas. Prior to the issuance of a permit, an applicant for a permit shall file with the City Clerk of the City a certificate of insurance evidencing the insurance coverage specified herein. The City shall be named as an additional insured under such insurance coverage and the certificate of insurance shall show the City as an additional insured. Certificates of insurance shall provide that the City shall be given thirty (30) days written notice of any cancellation or material change in the coverage of such insurance.

(e)   Discharge on Streets and Public Property Prohibited. It shall be unlawful for any person to sell, discharge, ignite or fire any Consumer Fireworks within the city, except as allowed in conformance with section 7-201.

(f)    Throwing Prohibited. It shall be unlawful for any person to throw, cast or propel Consumer Fireworks of any kind in the direction of or in the path of any animal, person or group of persons, or from and in the direction of or into any vehicle of any kind.

(g)   Sale of Consumer Fireworks; Where Prohibited.

(1)   It shall be unlawful for Consumer Fireworks to be stored, sold or displayed for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept, unless such Consumer Fireworks are in a separate and distinct section or department of the premises.

(2)   Where the police chief deems there is a fire hazard, he or she is hereby authorized to have such hazard abated.

(h)   Retail Display of Consumer Fireworks.

(1)   All retailers are forbidden to expose Consumer Fireworks where the sun shines through glass on the merchandise displayed, except where such Consumer Fireworks are in the original package.

(2)   All Consumer Fireworks displayed for sale must remain in original packages, except where an attendant is on constant duty at all times where such Consumer Fireworks are on display; provided, that Consumer Fireworks in open stock may be kept in show cases or counters out of the reach of the public without an attendant being on duty.

(3)   Signs reading “Fireworks for Sale—No Smoking Allowed” shall be displayed in the section of a store or premises set aside for the sale of Consumer Fireworks.

(i)    Fire Extinguishers Required.

(1)   Two functioning and approved fire extinguishers must be provided and kept in close proximity to the stock of Consumer Fireworks in all permanent buildings where Consumer Fireworks are stored, sold or displayed for sale.

(2)   Small stands, temporarily erected to be used as a place for storing and selling Consumer Fireworks only, shall have one such fire extinguisher, or in lieu of the fire extinguisher, a pressurized water hose with nozzle end within five feet of the Consumer Fireworks stand.

(j)    Restrictions as to Gasoline Installations. It shall be unlawful to store, keep, sell, display for sale or discharge any Consumer Fireworks 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.

(k)   Authority of Police Chief. The chief of the police department is authorized to seize and confiscate all Consumer 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 Consumer Fireworks as may be directed by the governing body.

(Ord. 687; Ord. 944; Ord. 950; Ord. 1017)

Establishment of limits of districts in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited. The storage of flammable or combustible liquids in outside, aboveground tanks is prohibited within the city.

(Ord. 582, Sec. 5)

Establishment of limits in which storage of liquified petroleum gases is to be restricted. The limits referred to in Section 82.103(A) of the Uniform Fire Code 1994 Edition, in which storage of liquified petroleum gas is restricted, are hereby established to include the heavily populated and the congested commercial and/or industrial area within the corporate limits of the city.

(Ord. 582, Sec. 6)

The administration and enforcement of this article shall be vested in the city or their fully authorized representative, Sedgwick County Fire District No. 1.

(Ord. 582, Sec. 7)