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. 460, Sec. 1; Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Ord. 2246, Sec. 1)

(a)   It shall be unlawful for any person to keep, store, sell, display for sale, fire, discharge or explode any fireworks. No person shall allow or permit fireworks to be used or exploded on his or her premises or premises under his or her control.

(b)   Unless specifically permitted by the City governing body as part of a Public Fireworks Display permit issued pursuant to this Article, the following types of fireworks are prohibited from being sold or discharged at any time within the City of De Soto:

(1)   Bottle rocket. Any bottle rocket as defined under Kansas State law.

(2)   Unmanned aerial luminary; sky lantern; sky candle; or fire balloon. A device resembling a small hot air balloon, constructed of lightweight material which is capable of traveling through the air when powered by fire or a fuel cell until such fire or fuel cell deteriorates, causing such device to fall to the ground at an unknown location.

(c)   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.

(Ord. 460; Ord. 2109; Ord. 2167; Ord. 2246; Ord. 2337)

(a)   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.

(b)   It shall be unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained a permit thereof.

(c)   Provided that the foregoing prohibition in Subsection (a) of Section 7-302 shall not apply to the keeping, storage, or discharge of fireworks, as authorized under Kansas state law, on the 2nd and 3rd days of July of each year, between the hours of 10:00 o’clock a.m. and 10:00 o’clock p.m., and on the 4th day of July of each year between the hours of 10:00 o’clock a.m. and midnight.  Notwithstanding the foregoing, it shall be unlawful for any person to discharge, fire off, or explode any bottle rocket, as defined in K.S.A. 31-155, within the city limits of the City of De Soto, Kansas, at any time.  The Mayor, after consultation with the City Council, the district Fire Chief, and such other persons as he deems appropriate, may, in his/her discretion, suspend the discharge of any fireworks when, in his/her opinion, the discharge poses an unreasonable risk to the safety of the public due to fire as a result of climate or other natural conditions.  To the extent practical, such suspension of permitted discharge of fireworks shall be published in the official city newspaper prior to the suspension going into effect.  The following prohibitions shall apply to the discharge of fireworks as permitted by this subsection:

(1)   Except if specifically authorized as a public fireworks display pursuant to Sections 7-304 and 7-305 hereof, no person shall ignite or discharge any fireworks within one thousand (1,000) feet of any medical building, home for the aged, City public building, or school building containing classrooms.

(2)   No person shall ignite or discharge any fireworks into, under, on, or from a car or vehicle, whether it is moving or standing still.

(3)   No person shall ignite or discharge any fireworks within one hundred fifty (150) feet of any retail stand, premises, or facility where fireworks are stored, or within one hundred fifty (150) feet of any gasoline pump or building in which gasoline or volatile liquids are sold in quantities in excess of one gallon.

(4)   No person shall throw or place any fireworks in any assembly or gathering of persons.

(5)   No person shall throw, place, ignite, or discharge any fireworks on any public property, including, but not limited to, parks, sidewalks, streets, or alleys.

(6)   No person shall throw, place, ignite, or discharge any fireworks on any property used as a cemetery.

(7)   No person shall ignite or discharge any fireworks in any building.

(d)   Provided that the foregoing prohibition in Subsection (a) of Section 7-302 shall not apply to six or less locations within the City for the temporary retail sale of fireworks during the hours of 8:00 o’clock a.m. and 10:00 o’clock p.m. on June 29th through July 4th of each year and in accordance with regulations promulgated by the Kansas State Fire Marshal and the following requirements:

(1)   On or before the second Friday of July, a written request for a permit for the following July 4th holiday must be submitted to the City Clerk.

(2)   At the second City Council meeting in July (i.e. the 3rd Thursday of the month), the Governing Body shall, if necessary, anonymously draw names to select six requestors who will be eligible to make application for, and receive, a permit for sales of fireworks.  The names of two alternate requestors will also be drawn to account for the possibility that an application for permit may not be approved by the City Council.

(3)   An application for a permit for such sales (via the City’s approved form) has been submitted to the City Clerk, and all requirements of the permit have been met, no later than August 15th  of each year; and

(4)   If application is made by an individual, they must be a resident of the city and at least eighteen (18) years of age.  If application is made by a business, the person or persons submitting the application must be at least eighteen (18) years of age and have at least a 50 percent ownership interest in an established business located within the City.  

(5)   A permit must be obtained for each location where sales will occur. 

(6)   Proposed locations for sale must be located in a zoning district that permits retail sales.

(7)   Prior to the Governing Body’s consideration of an application pursuant to this Subsection, the City Building Inspector and district Fire Chief must review the application, inspect the proposed site, and forward a recommendation on the application to the Governing Body.

(8)   The City Governing Body must approve the permit and, in connection with such approval, may consider waiving the permit fee if profits from such sales will go to a legally designated Not for Profit Corporation. Unless the permit fee is waived, any approved permit will be conditioned on the applicant paying a permit fee, as set forth in the City’s Fee Resolution,  to the City no later than June 1st.

(9)   If the application is approved, the City Building Inspector and district Fire Chief must inspect the sale premises, and any structures to be used for the sales, to ensure compliance with all requirements stated herein, and any other requirements reasonably imposed by the Inspector and Chief to insure the health and safety of residents in, on, or around the premises.

(10) All permit holders shall conspicuously display at the location for sales the foregoing Subsection (c) of this Section pertaining to the discharge of fireworks.

(11) If such sales will be made from a temporary structure or premises, the structure and any other temporary materials, debris, or litter remaining at the site  shall be removed on or before July 7th.  A bond, or check made payable to the City, in the amount of one thousand dollars ($1,000) shall be submitted no later than June 1st, which bond or check shall serve as an assurance that the permit holder complies with this removal requirement. The check or bond will be returned if the permit holder complies with the removal requirement.

(12) Any approved permit will be conditioned on the applicant filing with the City Clerk a certificate of liability insurance covering such sales approved by the City Attorney stating that the applicant has a liability insurance policy in the minimum amount of $100,000 for one person and $500,000 for injury to or death of more than one person, and $100,000 coverage for damage to property.  The certificate of insurance shall name the city as an additional named insured.

(13) Sales of any bottle rocket, as defined in K.S.A. 31-155, is prohibited at any time.

(Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Ord. 2204, Sec. 1; Ord. 2227; Code 2009; Ord. 2246, Sec. 1)

(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 to do so by making application at least 30 days in advance of the desired display and paying an application fee as set forth in the City’s annual Fee Resolution, which shall be refunded in the event the application is denied. Approval of the permit shall be by the governing body. No permit shall be approved unless the applicant shows proof that they hold a valid Display Operator’s License from the Kansas State Fire Marshal and furnishes a certificate of public liability insurance for the display in a minimum amount of $1 million, written by an insurance carrier licensed to do business in Kansas, conditioned as being non-cancelable except by giving 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. 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.

(Ord. 460, Secs. 7:9; Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Code 2009; Ord. 2246, Sec. 1)

(a)   A public display of fireworks shall be permitted only when the actual point at which the fireworks are to be fired is at least 200 feet from the nearest permanent building, public street, or railroad or other means of travel, or 50 feet from the nearest above-ground telephone or telegraph line, tree, or other overhead obstruction.

(b)   No fireworks shall be discharged, ignited or exploded at any point in the city within 1,000 feet of any health care facility.

(c)   The audience at a public display of fireworks shall be restrained behind lines at least 100 feet from the point at which the fireworks are discharged, and only persons in active charge of the display shall be allowed inside these lines.

(d)   All fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearly as possible at an angle of not more than 15 degrees from vertical and directed away from the spectators; provided, that where such fireworks are to be fired beside a lake or other large body of water they may be directed in such a manner that the falling residue from the deflagration will fall into such body of water.

(e)   Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe as directed by the district fire chief for the particular type of fireworks remaining.

(f)    No fireworks display shall be held during any windstorm in which the wind reaches a velocity of more than 30 miles per hour. In such cases, the district fire chief may authorize the display at a future date suitable to the group holding the display. The person in actual charge of the firing of fireworks in a public display shall hold a valid license from the Kansas State Fire Marshal for conducting the display, and shall be able-bodied and of at least 21 years of age and competent for the task. There shall be at all times at least two operators of the display constantly on duty during the discharge.

(Ord. 460, Sec. 10; Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Code 2009; Ord. 2246, Sec. 1)

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 public place within the city.

(Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Ord. 2246, Sec. 1)

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. 460, Sec. 4; Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Ord. 2246, Sec. 1)

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.

(Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Ord. 2246, Sec. 1)

(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.

(Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Ord. 2246, Sec. 1)

(a)   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 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.

(c)   At a public display of fireworks, at least two fire extinguishers of a type approved by the State Fire Marshal shall be at as widely separated points as possible within the actual area in which the discharging is being done.

(Ord. 460, Sec. 11; Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Ord. 2246, Sec. 1)

Any person that violates any provision of this Article, or any adult permitting a minor to violate any provision of this Article, may be prosecuted in municipal court and shall be subject to a fine not to exceed $500 or imprisonment for a period not to exceed 30 days or a combination of such fine and imprisonment for each separate violation of this Article. In addition to such fines and imprisonment, any permit issued pursuant to this Article may be immediately revoked by the Governing Body.

(Ord. 2109, Sec. 1; Ord. 2167, Sec. 1; Ord. 2246, Sec. 1)