(a)   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 0.25 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.

(b)   Except as provided in this article; it shall be unlawful for any person to keep, store, display for sale, fire, discharge or explode any fireworks.

(c)   Nothing in this article shall be construed as applying to:

(1)   Toy paper caps containing not more than 0.25 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.

(Code 1990)

Upon application to the governing body of the city, prior to May 1, a permit to sell fireworks may be granted by the governing body upon the following conditions:

(a)   Approval of the location upon which fireworks are to be stored and/or sold. The location shall be allowed only on private property and shall not be permitted in areas zoned residential. If fireworks are to be stored other than the location of the fireworks stand, the location must be approved by the fire department;

(b)   Approval of the following safety precautions and safety equipment: “No Smoking” signs; a minimum of two fire extinguishers (rated 2A:10B:C); signs with the provisions for fire safety; and any other safety precautions and safety equipment the city council deems necessary for the protection of the public;

(c)   Proof of liability insurance policy with a minimum coverage of $100,000;

(d)   Only those devices classified as Class C fireworks will be approved for sale by the fire department. It shall be the responsibility of the Seller to provide the city clerk with samples of all fireworks to be offered for sale, for fire department approval, by June 1. The fire department will advise sellers in writing by June 15 of the items approved for sale;

(e)   Payment of a permit fee in the amount of $75 per location. Any permit to sell fireworks issued pursuant to this section shall be in writing, shall contain thereon such restrictions as may have been imposed by the governing body and shall be prominently displayed at the location upon which the fireworks are to be sold. Fireworks may only be sold between June 27 and July 5, between the hours of 10:00 a.m. and 10:00 p.m. If no applications are submitted and approved the city shall have the right to operate a fireworks stand.

(Ord. 476; Ord. 506; Code 2025)

The discharge of fireworks within the City shall be permitted from June 27 through July 5, inclusive, between the hours of 10:00 a.m. and 10:00 p.m., except that on July 4 the discharge of fireworks may be between the hours of 10:00 a.m. and 12:00 midnight. Persons may discharge fireworks only upon private property with permission given by the property owner. The discharge of fireworks shall be prohibited upon public property, including public streets and alleys.

(Ord. 506; Code 2025)

Notwithstanding any other provisions within this article, special permits may be issued by the governing body for public fireworks displays upon such terms and conditions as the governing body shall deem advisable.

(Ord. 436)

Notwithstanding all the above and foregoing, the sale and discharge of fireworks may in any given year be prohibited if by June 15 of any year the mayor, with approval of the council, proclaims such prohibition based upon unseasonably dry weather or other existing conditions that make the sale and discharge of fireworks unadvisable.

(Ord. 436)

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 of the rules of the state fire marshal. He or she shall dispose of all such fireworks as directed by the governing body.

(Code 1987)