Chapter 7 · Fire

Article 3. Fireworks

Sections 7-301 to 7-308 · 8 sections

7-301 Definitions.

The term “fireworks” shall mean any combustible or explosive composition, or any substance or combination of substances, or article prepare 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, sky rockets, Roman candles, Daygo bombs, sparklers or other fireworks of like construction any firework containing any explosives for flammable compound, or any tablets or other device containing any explosive substances. Nothing in this section shall be constructed as applying to toy paper caps containing not more than twenty-five hundredths (.25) of a grain of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the operation of railroads or other classes of public or private transportation, nor apply to the military or navy forces of the United States, or to peace officers, or as prohibiting the sale or use of blank cartridges used for ceremonial, theatrical or athletic events, not as prohibiting the firing of skyrockets or missiles when produced by a science class or any school or 4-H project and when under the supervision of the science instructor and when the place and time of firing the skyrocket or missile has been approved by the fire chief.

(Ord. 282, Code 2022)

7-302 Permit Requirements.

(a)All persons wanting to sell or store fireworks shall obtain a permit that is approved by the Bird City City Council and pay a fee of $100.00. It shall be unlawful for any person or business to sell, display for sale, offer to sell or give away any type of fireworks within the city without first obtaining a permit.

(b)The permit fee is nonrefundable upon failure to qualify for the permit or withdrawal or cancellation of the application or permit.

(c)The permit must provide the name of the seller, location of the firework stand, Sales Tax Identification Number, and contact information for the owner.

(d)All persons selling must have insurance and provide proof to the City of Bird City Clerk at the time of application for a Firework Permit.

(e)The City of Bird City and/or its designees reserve the right to inspect any proposed place of a firework stand prior to issuing a permit.

(f)All permits will be reviewed at the June Meeting.

(Ord. 282, Code 2022)

7-303 Sale, handling, storage, and hours.

(a)No fireworks shall be sold within the city limits of the City of Bird City before the 27th day of June or after the 5th day of July of each calendar year.

(b)All fireworks sold or exploded within the city limits of the City of Bird City shall meet the guidelines and requirements established by local, state, and federal regulations.

(c)All firework stands and places maintained for the purpose of sale or storage of fireworks shall comply with all rules and regulations established by the City, and State Fire Marshall, and all other applicable local, state, and federal rules, regulations, and statutes.

(d)It shall be unlawful for fireworks to be stored, sold or displayed for sale in a place of business where paints, oils, varnishes, turpentine, gasoline, or other flammable substances are kept, unless such fireworks are in a separate and distinct section or department of the premises.

(e)All fireworks stands established within the City of Bird City shall be located in the commercial districts of Bird City. Said commercial districts are evidence by the map maintain by the City Clerk. There will be no permits granted for sales from residences or garages.

(f)All places of storage or sale shall maintain a conspicuously place “No Smoking Allowed” sign at every entrance at all times the fireworks are present.

(g)It shall be unlawful to store, keep, sell, display for sale, or discharge any fireworks within 150 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.

(h)Two functioning and approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in a permanent building where fireworks are stored, sold, or displayed for sale. Small or temporary stands may have one fire extinguisher if approved by the Fire Chief.

(i)All fireworks offered for sale and discharged within the city shall be of a type that has been tested and approved for sale and use within the state of Kansas by the state fire marshal.

(Ord. 282, Code 2022)

7-304 Discharge of Fireworks.

(a)Fireworks shall not be discharged or exploded within the city limits of the City of Bird City, except on the following dates during the hours indicted.

(1)June 27 through July 3: between the hours of 10:00 a.m. and 10:00 p.m.

(2)July 4: between the hours of 10:00 a.m. and Midnight.

(3)July 5: between the hours of 10:00 a.m. and 10:00 p.m.

If one of the above-stated days falls on a Sunday, the Mayor, with the consent of the City Council, may designate appropriate hours during which fireworks may be discharged or exploded. The Mayor or Fire Chief shall have the authority and discretion to ban the discharge of all fireworks within the city limits of the City of Bird City if the weather conditions make discharge of fireworks in the City hazardous to persons or property.

(b)Bottle rockets and other similar self-propelled fireworks or fireworks devices consisting of a tube and attached guiding stock or rod shall not be sold or discharged within the City of Bird City.

(c)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, group of persons, structure, or in the direction of any vehicle.

(d)Any person violating any provisions of this section shall, upon conviction be punished by a fine of not less than Ten Dollars ($10.00) and not more than Fifty Dollars ($50.00) for each offense.

(Ord. 282, K.A.R. 22-6-5; Code 2022)

7-305 Rules and regulations.

The Governing Body of the City of Bird City shall have the power to adopt, from time to time, reasonable rules and regulations applicable to display and discharge of fireworks. Any such rules and regulations shall be adopted by resolution. A copy of all such rules and regulations shall be delivered to each permit holder at the time their permit is issued and the permit holder shall at all times maintain a legible posted copy thereof in a conspicuous place on the licensee’s premises.

(Ord. 282, Code 2022)

7-306 Exhibitions; exceptions.

Upon written permission from the fire chief, fireworks to be used for exhibition purposed at fairs and celebrations may be fired which otherwise are prohibited from sale to individuals provided 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. Fireworks held in storage for such exhibition must be kept in a closed box until they are removed for discharge. In addition, upon written request, 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 in such a character and so located, discharged and fired as shall not be a fire hazard or endanger persons or surrounding properties.

(Ord. 282, Code 2022)

7-307 Authority of fire chief and sheriff.

The Fire Chief, Sheriff, or designees are 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 all such fireworks as may be directed by the governing body.

(Ord. 282, Code 2022)

7-308 Penalties.

Any person violating any provisions of this article, other than those in Section Three, shall upon conviction thereof, be fined any sum not exceeding Five Hundred Dollars ($500.00), or be imprisoned not to exceed Thirty (30) days, or be both fined and imprisoned and each day that such violations continues shall constitute separate offenses.

(Ord. 282, Code 2022)