Chapter 10 · Fire Prevention and Protection

ARTICLE 3. FIREWORKS

Sections 10-301 to 10-309 · 9 sections

10-301 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Fireworks” — means 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, except paper caps for use in cap pistols, containing not more than 0.25 grain of explosive mixture.

(K.S.A. 31-134; Code 1971, § 10-54)

10-302 Sale generally.

(a)When permitted; license required. No person shall offer any fireworks for sale to any person, except between the hours of 6:00 a.m. and 12:00 midnight on July 1 through July 4 in any year, and without first obtaining a license under this section and chapter 11 of this Code. No person shall offer any fireworks for sale to any person unless a person 18 years of age or older is present to supervise such displaying or offering of fireworks for sale, and unless a sufficient chemical or other fire extinguisher is present at all times when such displaying or offering of fireworks for sale occurs. This section shall not be construed as granting the right to sell at any time any of the types, kinds or classes of fireworks which are prohibited from sale in the state by the rules and regulations of the state fire marshal’s department. Fireworks may be sold upon approval of the governing body on certain days and upon conditions set out in section 10-303.

(b)Issuance and effect of license. No license required by subsection (a) of this section shall be issued before April 1 or after June 28 of any year, and all licenses shall be issued providing for the sale of fireworks only between the hours of 6:00 a.m. and 12:00 midnight on July 1 through July 4 in any year. No such license shall be issued until the place of business or stand for which such license is sought has been approved, in writing, by the fire department. No such license shall be issued for a place of business or stand located between the sidewalk and curbline of any street, or, if no sidewalk is present, no nearer than 20 feet from the curbline of any street. No such license shall be issued unless the applicant therefor, in applying for such license, shall certify that a person 18 years of age or older will be present to supervise such displaying or offering of any fireworks for sale, at all times when such place of business or stand for which such permit is sought is displaying or offering any fireworks for sale. No such license shall be issued unless the applicant therefor, in applying for such license, shall certify that a sufficient chemical or other type of fire extinguisher will be present at all times when such place of business or stand for which such permit is sought is displaying or offering any fireworks for sale.

(Ord. No. 2012-3037, §§ 1, 2, 5-2-2012)

10-303 Discharging generally; sale for exhibition purposes.

It shall be unlawful for any person to set off, discharge or explode, or to knowingly permit any other person on premises owned or controlled by such person to set off, discharge or explode, any fireworks, except that on July 1, 2, 3 and 4 in any year those articles of fireworks which are permitted to be sold in the state by the rules of the state fire marshal’s department may be set off, discharged or exploded; provided, however, that upon approval of the governing body, fireworks to be used for exhibition purposes for celebrations may be sold and fired which otherwise are prohibited from being sold to individuals, provided that the individuals in charge of the same are experienced in the handling of fireworks, and the public attending such exhibition is kept at a safe distance; and provided, further, that no fireworks of any kind may be set off, discharged or exploded at any time or under any circumstances on the following streets (including the sidewalks) of the city: Fifth, Sixth and Seventh Streets between Lincoln and State Streets, and Lincoln, Broadway, Washington and State Streets, between Fifth and Seventh Streets.

(Ord. No. 2012-3037, §§ 1, 3, 5-2-2012)

10-304 Discharging in or throwing from vehicles.

It shall be unlawful and a traffic violation for any driver of or any passenger in or on a motor vehicle moving upon a street, alley or driveway to discharge any article of fireworks in such motor vehicle, or to throw or threaten to throw or knowingly permit another to throw or threaten to throw from such moving vehicle any article of such fireworks so as to cause it to explode or discharge outside such vehicle.

(Code 1971, § 10-57)

10-305 Throwing at vehicles, persons or animals.

It shall be unlawful for any person to throw or threaten to throw any article of fireworks so as to cause it to explode or discharge in or under any automobile, bicycle, motorcycle, carriage or other vehicle or conveyance, or to throw or threaten to throw any such article in such a manner as to permit it to explode near enough to any person to injure such person or cause damage to his clothing, or to throw such article in such a manner as to permit it to explode within 20 feet of any animal.

(Code 1971, § 10-58)

10-306 Sale of certain fireworks prohibited.

No person shall display or offer any rocket which is launched or guided by the use of a stick, the stick being either wood, plastic or any other substance, such rocket being of a total pyrotechnic composition not exceeding 1.25 grains in weight, such rockets being commonly referred to as “pop bottle rockets,” for sale at retail within the city at any time.

(Ord. No. 2092, 7-19-1978)

10-307 Setting off, discharging or exploding certain fireworks unlawful.

It shall be unlawful for any person to set off, discharge or explode, or to knowingly permit any other person on premises owned or controlled by such person to set off, discharge or explode any rocket which is launched or guided by the use of a stick, the stick being either wood, plastic or any other substance, such rocket being of a total pyrotechnic composition not exceeding 1.25 grains in weight, such rockets being commonly referred to as “pop bottle rockets,” within the city at any time.

(Ord. No. 2093, 7-19-1978)

10-308 Storage, retail sale, and display.

Fireworks shall be stored or displayed for sale only at outdoor fireworks stands, and only in the following zoning districts established by the zoning ordinance of the City, as amended: C-2 restricted commercial district, C-3 general commercial district, and I-2 heavy industrial district. There shall be no fireworks stored or displayed for sale in the C-4 central business district of the city.

(Ord. No. 2003-2856, § 2, 6-4-2003)

10-309 Setting off, discharging or exploding in parks displaying signs.

It shall be unlawful for any person to set off, discharge or explode any fireworks in any city parks during any period when signs are erected at the entry points to such city parks giving notice of such prohibition of the setting off, discharge or exploding of fireworks and clearly stating the duration of such prohibition. The city manager is hereby authorized and empowered to make regulations concerning those times during which such prohibition shall be enforced.

(Ord. No. 2506, 7-1-1988)