CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 3. FIREWORKS

For purposes 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 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.

(Ord. 525, Sec. 1; Code 2001)

(a)      Except as provided in sections 7-303:306; it shall be unlawful for any person to keep, store, 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 railroads 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 duty;

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

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

(6)          The discharge of any firearm in a licensed shooting gallery or by any gunsmith in his or her trade.

(Ord. 525, Sec. 2; Code 2001)

(a)      Section 7-302 of this article shall not apply to the firing or discharge of fireworks in the City of Goddard between the hours of 8:00 a.m. and 10:00 p.m. on June 27th through July 3rd and July 5th, and 8:00 a.m. and 11 :00 p.m. on July 4th. In addition, Section 7-302 of this article shall not apply between the hours of 8:00 a.m. and 10:00 p.m. on December 28, 1999, December 29, 1999, and December 30, 1999, and between the hours of 8:00 a.m. December 31, 1999 and 10:00 p.m. January 1, 2000.

(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.

(Ord. 525, Sec. 3; Code 2001)

Any person who has first obtained a valid permit to sell fireworks within the City of Goddard may do so between the hours of 8:00 a.m. and 10:00 p.m. commencing June 27th and through July 4th of each year.

(Ord. 525, Sec. 4; Code 2001)

The purpose of this section is to permit locations for the sale of fireworks within the corporate limits of the City of Goddard, while controlling the inconvenience, interference with pedestrian and vehicular traffic and danger to the public that could be caused by the unregulated placement of said locations.

(a)      It shall be unlawful for any person to sell, display for sale, offer to sell or give away any type of fireworks within the City of Goddard without first paying the appropriate permit fee per establishment or premises to the City Clerk of the City of Goddard and applying for and securing a permit therefore at least 10 days in advance of the date sales are to commence. The permit fee is based upon the total square footage of the tent, shed or other structure where fireworks are to be sold or displayed for sale, and shall be determined in accordance with the following fee schedule. Additionally, each permittee will tender a $500.00 refundable deposit to be held by the City to cover any necessary clean up attributed to the permitted fireworks sales location.

Year

Permit Fee Up To 2500 sq. ft

Permit Fee Over 2500 sq. ft

2014

$2,500.00

$1.25 per square foot

2015

$2,600.00

$1.30 per square foot

2016

$2,700.00

$1.35 per square foot

2017

$2,800.00

$1.40 per square foot

2018

$2,900.00

$1.45 per square foot

2019

$3,000.00

$1.50 per square foot

(b)     No permit shall be issued for any location where retail sales are not permitted under the zoning laws. Additionally, it has been determined, controlling for inconvenience, interference with pedestrian and vehicular traffic and danger to the public, that up to six (6) establishments or premises may be located within the areas of the City of Goddard where retail sales are permitted.

(c)      Prior to the issuance of a 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. Each location where fireworks are to be sold or displayed for sale shall provide at least ten (10) off street vehicular parking spaces. 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.

(d)     In the event the sales location is not a permanent sales location, such as a tent or shed, the temporary sales location shall be inspected by and subject to the standards imposed by the Sedgwick County Fire Marshal. The Sedgwick County Fire Marshal inspection receipt shall be conspicuously posted on the premises. If housed in a tent, the tent shall be constructed of a flame retardant material, with a certificate of such flame retardant attached. Any electrical cords shall be appropriately protected from damage by weather, the public and automobiles.

(e)      Applications for permits to sell fireworks shall not be accepted before the first business day of January of the year for which the permit is to be issued. A permittee that operated a fireworks sales location within the City of Goddard during the previous year, in full compliance with this chapter and other pertinent laws, may continue by applying for a permit before the first business day of March of the year for which the permit is to be issued. Thereafter, applications will be accepted on a first come first serve basis for any of the six (6) permits that remain un-issued.

(f)      All applications shall have sponsorship by a non-profit organization from within the City of Goddard and be on a form determined by, and include the information requested by, the City Clerk of the City of Goddard. The appropriate permit fee, in certified funds, must accompany each application. The City Clerk of the City of Goddard shall present all applications received to the Governing Body of the City of Goddard at the first meeting after receipt of the application, subject to a determination by the Governing Body of the City of Goddard, that said applicant has met the all requirements set forth herein, including a determination as to the appropriateness of the proposed site, a permit shall be issued. The City Clerk of the City of Goddard shall notify each applicant by first-class United States Mail whether said applicant was successful in obtaining a permit within ten (10) business days of the determination by the Governing Body of the City of Goddard, Kansas. The permit fee submitted by all unsuccessful applicants shall be returned with the notice that said applicant was not successful in obtaining a permit.

(g)      The City Clerk of the City of Goddard shall issue the actual sales permit upon proof that the premises has passed the required inspection by the Sedgwick County Fire Marshal.”

(Ord. 525; Code 2001; Ord. 613; Ord. 659; Ord. 751)

(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 from the Sedgwick County Fire Marshall to do so by making application at least 10 days in advance of the desired display. No permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $500,000.00, 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 of the City of Goddard. 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 police, 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.

(c)      After proper investigation, the Sedgwick County Fire Marshall shall have the power to issue reasonable rules and regulations for the granting of said permit. Only those persons actually approved as operators by the Fire Marshall shall handle or discharge any fireworks at such a public display.

(Ord. 525, Sec. 6; Code 2001)

(a)      All fireworks offered for sale and discharged within the City of Goddard shall be of a type that has been tested and approved for sale and use within the state by the State Fire Marshal.

(b)     Bottle rockets and other similar self-propelled firework or fireworks devices consisting of a tube and attached guiding stock or rod shall not be sold or discharged in the city.

(c)      As used herein, “Sky Lantern” means any aerial luminary, sky candle, floating lantern, and any other similar device made of paper or other combustible material, containing a candle, fuel cell, or other fuel that serves as a heat source to cause the device to lift into the air. It is unlawful for any person to sell, use, or ignite any Sky Lantern within the City, or to cause a lighted Sky Lantern to float into the City.

(Ord. 525, Sec.7; Code 2001; Ord. 751)

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 on any other public property within the City of Goddard, unless the same has been designated by the Chief of Police as a public fireworks discharge area.

(Ord. 525, Sec. 8; Code 2001)

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 from, in the direction of or into any vehicle of any kind.

(Ord. 525, Sec. 9; Code 2001)

(a)      It shall be unlawful for 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 fireworks are in a separate and distinct section or department of the premises.

(b)     Where the Police Chief determines the sale or discharge of fireworks creates a fire hazard or unreasonable interference with commerce, said Police Chief is hereby authorized to have such hazard abated. Failure to comply with an order of the Police Chief to abate such a fire hazard or interference with commerce, shall be considered a violation of this ordinance.

(Ord. 525, Sec. 10; Code 2001)

(a)      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.

(b)     All fireworks displayed for sale must remain in original packages, except where an attendant is on constant duty at all times where such fireworks are on display; provided, that 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.

(c)      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 fireworks. No person shall smoke any cigarette, cigar, pipe or other similar device within 25 feet of any store or premises, or section thereof which is so posted.

(d)     Any retailer may post one sign which is visible from any adjacent street, road, or thoroughfare which reads “Fireworks” or “Fireworks for Sale”. In addition, the retailer must post one sign that sets forth the name of the non-profit group or organization benefitting from the sale. No sign advertising “Fireworks” shall be placed on the premises earlier than June 25th or remain on the premises after July 7th. No retailer shall be required to obtain a separate permit for the sign permitted by this subsection, but any such sign shall in all respects conform size and other restrictions set forth in the ordinances of the city.

(Ord. 525, Sec. 11; Code 2001; Ord. 751)

(a)      At least two functioning and approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all permanent buildings where fireworks are stored, sold or displayed for sale.

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

(Ord. 525, Sec. 12; Code 2001)

It shall be unlawful to store, keep, sell, display for sale or discharge any fireworks within 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. 525, Sec. 13; Code 2001)

The Chief of the Police Department is authorized to inspect at any time, any premises at which fireworks are sold and to seize and confiscate all fireworks which may be kept, stored or used in violation of any section of this ordinance, 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 Governing Body.

(Ord. 525, Sec. 14; Code 2001)

Any person, whether acting on his or her own behalf or that of any group or organization, who violates any section of this article shall be deemed to be guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not more than $500 or imprisonment of not more than 30 days, or by both such fine and imprisonment. Additionally, any permittee for sale of fireworks who violates any section of this article shall not be permitted to apply for a permit for sale of fireworks for the subsequent year.

(Ord. 525, Sec. 15; Code 2001; Ord. 613, Sec. 2; Ord. 659, Sec. 2)