Chapter VII · Fire

ARTICLE 2. FIREWORKS

Sections 7-201 to 7-217 · 17 sections

7-201 Definitions.

(a)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 Marshall, 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.

(b)TEMPORARY STAND. For purposes of this article, the term “temporary stand” means a non-permanent structure used exclusively for the sale of fireworks.

(Ord. 235)

7-202 Fireworks prohibited.

(a)Except provided in Sections 7-203 through 7-207 of the Code of the City of Goessel, it shall be unlawful for any person to keep, store, display for sale, sell, give away, 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 grains 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 officials’ duty;

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

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

(Ord. 235)

7-203 Same: exceptions; discharges.

The Governing Body of the City of Goessel, on an annual basis, will set Discharge dates and times for fireworks.

(Ord. 247)

7-204 Same; exception; sale of fireworks.

Any person who has first obtained a valid permit to sell fireworks within the City of Goessel may do so between the hours of 8:00 A.M. and 10:30 P.M. commencing June 27 through July 4th (sale period) of each year for which a permit has been obtained. Said sale shall only be allowed in a temporary stand as defined in Section l(b) and in compliance with the other provisions of this article.

(Ord. 235)

7-205 Permit for sale of fireworks required; fee; issuance.

(a)All applications for a permit to sell fireworks shall be made to the City Clerk and shall set forth the proposed location where the fireworks are to be sold and a verification that the temporary stand meets the requirements of Section 7-211 of the Code of the City of Goessel. Each permit is valid for one sale period.

(b)The fee for the permit shall be Two Hundred Fifty Dollars ($250.00) per location. Said fee is non-refundable. Said fee shall be waived for nonprofit organizations upon proof of their status as a non-profit organization.

(c)Applications for permits are due on or before June 1 of the permit year and will be issued by the City by June 26 of the permit year.

(d)The permittee shall prominently display the permit at the establishment where fireworks are sold and displayed for sale.

(Ord. 235; Ord. 308)

7-206 Insurance required.

Certificates of insurance evidencing liability coverage in the minimum amounts of $200,000 and property damage coverage in the minimum amount of $200,000 and naming the City as an additional insured. The certificates of insurance shall state that the City be given 10 days written notice prior to any cancellation of insurance by the insurance company.

(Ord. 235)

7-207 Permit for public fireworks display required.

The governing body of the City of Goessel may grant permission for the public display of fireworks by responsible persons. Such display shall be of such a character and so located, discharged and fired as will not be hazardous to surrounding property and will not endanger any person or persons.

(Ord. 235)

7-208 Approved fireworks;

Class “C” Fireworks are hereby approved within the City. All fireworks offered for sale and discharged within the City of Goessel shall be of a type that has been tested and approved for sale and use within the State of Kansas by the State Fire Marshall. Bottle rockets (and other similar self-propelled firework or fireworks devices consisting of a tube and attached guiding stock or rod) and M80’ s shall not be sold or discharged in the City.

(Ord. 235)

7-209 Throwing of fireworks:

It shall be unlawful for any person to throw, cast or propel fireworks of any kind in the direction of or in the path of any animal, person or groups of persons, or from or in the direction of or from any vehicle of any kind.

(Ord. 235)

7-210 Sale and storage of fireworks; where prohibited.

It shall be unlawful to sell or display fireworks on City property. 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. Where the Fire Chief deems there is a fire hazard, he or she is hereby authorized to have such hazard abated.

(Ord. 235)

7-211 Temporary stands.

Display of fireworks inside temporary stands shall be subject to the following restrictions:

(1)Each temporary stand shall have a minimum three-foot wide unobstructed aisle running the length of the stand, inside and behind the counter

(2)Temporary stands shall not be located in residential areas or be placed within 150 feet of any residence, or within 100 feet of other temporary stands, LP Gas, flammable liquid or gas storage and dispensing units.

(3)A temporary stand shall be removed within 3 days after the sales period has ended, as provided in the Code of the City of Goessel.

(4)Parking shall be designated areas, a minimum of 10 feet from the temporary stand.

(Ord. 235)

7-212 Retail display of fireworks.

(a)Retailers shall not 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. 235)

7-213 Fire extinguisher required.

A functioning and approved fire extinguisher shall be provided and kept in close proximity to the stock of fireworks in temporary stands where fireworks are stored, sold or displayed for sale.

(Ord. 235)

7-214 Restrictions as to gasoline installations. It shall be

Unlawful to store, keep, sell, display for sale, or discharge any fireworks within 100 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. 235)

7-215 Effect of burn ban.

If the Board of Marion County Commissioners has issued a ban on open burning in an area including the city, there shall be no offer for retail sale, delivery, consignment, gift or other means of furnishing consumer fireworks and there shall be no use of consumer fireworks during the time the ban remains in effect.

(Ord. 235)

7-216 Authority of police chief, fire chief.

The Chief of Police and Chief of the Fire Department are both authorized to seize and confiscate all fireworks which may be kept, stored, or used in violation of any section of the Code of the City of Goessel, and all of the rules of the State Fire Marshall. He or she shall dispose of all such fireworks as may be directed by the governing body.

(Ord. 235)

7-217 Penalty.

Any person violating any of the provisions of this article shall, upon conviction thereof, be fined a sum not to exceed One Hundred Dollars ($100) for each violation, or be imprisoned not to exceed thirty (30) days, or both so fined and imprisoned.

(Ord. 235)