CHAPTER VII. FIRE PROTECTIONCHAPTER VII. FIRE PROTECTION\ARTICLE 3. FIREWORKS

The term fireworks, when used in this article, shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an 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, Day-Glo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets, or other devise containing any explosive substance. Nothing in this article shall be construed as applying to toy paper caps containing not more than .25 of a grain of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial or theatrical or athletic events.

(Ord. 2305, Sec. 1; Code 2001, 7-114)

(a)   Any person shall, prior to selling at retail, offering to sell at retail, delivering or giving away to any individuals any fireworks, apply to the city clerk on or before June 25th of any year for a license permit to so operate from July 3rd to July 4th of that year. No permit shall be issued for any location where retail sales are not permitted under the zoning .code. Prior to the issuance of the permit an inspection will be made of the applicant's facility for compliance with fire and other pertinent codes. No permit shall be issued for any facility not in compliance with such codes. Upon qualifying for the permit, the licensee shall prominently display the same at the facility. A license fee in the amount of $25.00 shall be charged for each application. The fee shall not be refundable upon failure to qualify for the license or withdrawal or cancellation of the application permit.

(b)   Each vendor shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $500,000 per occurrence, with the City of Sterling, Kansas, named as an additional insured, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancellable by vendor upon less than thirty (30) days’ notice.

(c)   Each vendor shall obtain a policy of product liability insurance for a minimum coverage of $500,000 per occurrence for products sold and/or stored within the City by the vendor, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by vendor upon less than thirty (30) days' notice.

(Ord. 2305, Sec. 1; Code 2001, 7-115; Code 2014)

It shall be unlawful for any person to sell at retail, or offer to sell at retail, deliver or give away to individuals any fireworks between the hours of 12:01 a.m. on July 5th through 7:59 a.m. on July 3rd of any year.

(Ord. 2305, Sec. 1; Code 2001, 7-116)

It shall be unlawful for any person to discharge, fire or ignite any fireworks except during the hours of 8:00 a.m. to 12:00 a.m. on each day of the period of July 3rd through July 4th of any year, except for permits obtained under section 7-305.

(Ord. 2305, Sec. 1; Code 2001, 7-117)

(a)   Any person desiring to provide a fireworks display for the public or for organized groups shall obtain a permit to do so by making application at least 30 days in advance of the desired display. Approval of the permit shall be by the governing body.

(b)   No permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $1,000,000, written by an insurance carrier licensed to do business in the state, conditioned as being noncancellable except by 10 days advance written notice to the city. In the event of cancellation of the insurance prior to the display, the permit shall automatically be revoked and void.

(c)   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 including a diagram 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 buildings, highways and other lines of communications; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions;

(4)   The date and time of the display;

(5)   The nature or kind of fireworks to be used;

(6)   The name of the person that will make the actual discharge of the fireworks and a copy of their license from the Kansas State Fire Marshal's Office as a public fireworks display operator as required by K.A.R. 22-1-3(x);

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

(d)   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.

(e)   The permit shall make all fireworks, equipment, installation and display site available for inspection by the fire department at least two hours prior to the display start time.

(Ord. 2305, Sec. 1; Code 2001, 7-118)

All fireworks offered for sale, and discharged within the city, shall be a type that has been tested and approved for sale and use within the state by the State Fire Marshal.

(Ord. 2305, Sec. 1; Code 2001, 7-119)

(a)   It shall be unlawful for any person to discharge, ignite, throw, cast, propel, or fire any fireworks upon the public streets, alleys or avenues or in any parks or public place within the city or private property without the permission of the owner thereof, or upon any other location within the city as designated by the fire chief or his or her designee. It shall also be unlawful for any fireworks, which are discharged, ignited, or otherwise set off to go upon, fly onto, drift, or otherwise come upon the property of another individual without the consent of such property owner.

(b)   It shall be unlawful for any person located in the following described area, to-wit:

       All incorporated areas lying West and South of the existing Bull Creek (Silver Lake) waterway channel, including approximately the South Half of Block L, all of Blocks M, N, and O, and the SW ½ of Block 15, and all of Block P lying West of Bull Creek (Silver Lake) waterway channel, as originally platted in the City of Sterling, Kansas, and also all of the lots, parcels and tracts of land, together with all of the public common/green areas, and streets and alleys located at the Cottonwood Lake Addition to the City of Sterling, as shown by recorded Plats I and II, as well as Cottonwood Lake itself;

to ignite or otherwise set off any aerial fireworks within said area. For purposes of this section, aerial fireworks shall mean any fireworks that, when ignited or set off, rise above six (6) feet in height from the ground.

(c)   Anyone violating this section shall be subject to a fine not exceeding $ 100.00 on a first offense, and a fine not exceeding $200.00 on a second or subsequent offense.

(Ord. 2353; Ord. 2384; Ord. 2414)

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 person or group of persons; or from, or in the direction of, or into any vehicle of any kind; or onto any other private property without the permission of such owner.

(Ord. 2354; Ord. 2384)

Fireworks shall not be sold or kept for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept in unbroken containers, unless in a separate and distinct section or department of the store. Where the fire chief deems there is a fire hazard, he or she is hereby authorized to have such hazard abated.

(Ord. 2305, Sec. 1; Code 2001, 7-122)

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, and all fireworks kept for sale on front counters must remain in original packages, except where an attendant is on constant duty at all times at counters 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. Signs reading “Fireworks for Sale - No Smoking Allowed” shall be displayed in the section of the store set-aside for the sale of fireworks.

(Ord. 2305, Sec. 1; Code 2001, 7-123)

Two approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all buildings where fireworks are sold. Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have a fire extinguisher, or in lieu of the fire extinguisher, a barrel of water with at least two buckets or a loaded water hose with nozzle end within five feet of the fireworks stand.

(Ord. 2305, Sec. 1; Code 2001, 7-124)

Fireworks shall not be stored, kept, sold, or discharged within 250 feet of any property, which has a flammable liquid pump, flammable liquid dispenser, gasoline filling stations, flammable liquid bulk station, flammable liquid storage tank fill opening, flammable liquid storage tank vent opening, flammable gas storage tank, LP gas storage tank, TIP gas storage tank fill opening, anhydrous storage facilities, chemical plants, or where volatile liquids or gases are sold or processed in excess of one gallon, except in retail stores where cleaners, paints and oils are handled in sealed containers only. This ordinance shall not apply to residential propane storage tanks.

(Ord. 2355, Sec. 1; Code 2014).

It shall be unlawful to store class C (common) fireworks in occupancies classified as residential. Exception: the storage of class C (common) fireworks in residential occupancies for personal use.”

(Ord. 2305, Sec. 1; Code 2001, 7-126)

It shall be unlawful for any person to discharge, ignite or otherwise set-off fireworks within the City limits, if in the judgment of the City Fire Chief, or his or her designee, the ignition of fireworks would constitute an unacceptable hazard due to drought, wind, or other climatic or environmental conditions.

(Ord. 2356, Sec. 1; Code 2014)