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. 3582; Code 2008)

(a)   Except as provided in Sections 7-303:306; it shall be unlawful for any person to keep, store, display for sale, 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 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;

(6)   The discharge of any firearm in a licensed shooting gallery or by any gunsmith in his or her trade.

(Ord. 3582; Code 2008)

(a)   Section 7-302 of this article shall not apply to the firing or discharge of fireworks in the City of Osawatomie between the hours of 8:00 am. and 10:00p.m. on June 29th through July 3rd, and 8:00 a.m. and 11:00 p.m. on July 4th.

(b)   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.

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

(Ord. 3582; Ord. 3585; Code 2008)

Any person who has first obtained a valid permit to sell fireworks within the City of Osawatomie may do so between the hours of 8:00 a.m. and 10:00 p.m. commencing June 29th and through July 4th of each year. Sale of Fireworks shall also be permitted on July 5th of each year between the hours of 8:00 a.m. and 8:00 p.m.

(Ord. 3582; Code 2008; Ord. 3858)

(a)   It shall be unlawful for any person to sell, display for sale, offer to sell or give away any type of fireworks within the City of Osawatomie without first paying a fee per establishment or premises to the City Clerk and applying for and securing a permit therefor on or before May 31st of the permit year. Fees shall be set annually by resolution of the governing body.

(b)   No permit shall be approved unless the applicant furnishes a certificate of public liability insurance in a company or companies rate A or better by A.M. Best Company in a minimum amount of $1,000,000 combined single limit or bodily injury and/or property damage, written by an insurance carrier licensed to do business in Kansas, conditioned as being non-cancellable except by giving 10 days advance written notice to the City Clerk. The City of Osawatomie shall be named as an additional insured. In the event of cancellation of the insurance prior to the sale of fireworks, the permit shall automatically be revoked and void.

(c)   No permit shall be issued for any location where retail sales are not permitted under the zoning laws. Prior to the issuance of the permit, an inspection will be made of the applicant’s facility for compliance with this chapter and other pertinent laws, and no permit shall be issued for any premises not in compliance with such laws. Upon qualifying for the permit, the permittee shall prominently display the same at the establishment or premises where fireworks are to be sold or displayed for sale. The permit fee shall not be refundable upon failure to qualify for the permit or withdrawal or cancellation of the application or permit.

(d)   In the event the sales location is not a permanent sales location, such as a tent or shed, the temporary sales location shall be inspected by and subject to the standards imposed by the Osawatomie Fire Chief. The Osawatomie Fire Chief inspection receipt shall be conspicuously posted on the premises. If housed in a tent, the tent shall be constructed of a flame-retardant material, with a certificate of such flame retardant attached. Any electrical cords shall be appropriately protected from damage by weather, the public and automobiles. All outlets shall be protected by a ground fault circuit interrupter.

(e)   Applications for permits to sell fireworks shall not be accepted before the first business day of January of the year for which the permit is to be issued. All applications shall be on a form determined by, and include the information requested by, the City Clerk. The permit fee must accompany each application. The City Clerk shall present all applications received to the Governing Body at the first meeting after receipt of the application. Subject to a determination by the Governing Body, that said applicant has met the all requirements of the permit and as set forth herein, including a determination by the Fire Chief as to the appropriateness of the proposed site, a permit shall be issued. The City Clerk shall notify each applicant by first-class United States Mail whether said applicant was successful in obtaining a permit within Ten (10) business days of the determination by the Governing Body. The permit fee submitted by all unsuccessful applicants shall be returned with the notice that said applicant was not successful in obtaining a permit.

(f)   The City Clerk shall issue the actual sales permit upon proof that the premises has passed the required inspection by the Osawatomie Fire Chief.

(Ord. 3582; Code 2008)

(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. Approve of the permit shall be by the Governing Body. No permit shall be approved unless the applicant furnishes a certificate of public liability insurance in a company or companies rate A or better by A.M. Best Company for the display in a minimum amount of $1,000,000, written by an insurance carrier licensed to do business in Kansas, conditioned as being non-cancellable 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.

(c)   After proper investigation, the Osawatomie Fire Chief shall have the power to issue reasonable rules and regulations for the granting of said permit. Only those persons actually approved as operators by the Fire Chief shall handle or discharge any fireworks at such a public display.

(Ord. 3582; Code 2008)

(a)   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 by the State Fire Marshal.

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

(Ord. 3582; Code 2008)

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 on any other public property within the City of Osawatomie, Kansas, except for public displays that may be on public property as approved by the Governing Body and as allowed in Section 7-303 and subsections therein.

(Ord. 3585; Code 2008)

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. 3582; Code 2008)

(a)   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.

(b)   Where the Police Chief determines the sale or discharge of fireworks creates a fire hazard or unreasonable interference with commerce, said Police Chief is hereby authorized to have such hazard abated. Failure to comply with an order of the Police Chief to abate such a fire hazard or interference with commerce, shall be considered a violation of this article.

(c)   It shall be unlawful for fireworks to be sold on public right-of-way. No person shall park on any street right-of-way for the purpose of visiting or shopping at a fireworks stand.

(d)   Fireworks shall not be stored, kept or sold within 50̓ of any other building or structure, including motor homes and trailers; without the written consent of the owner thereof.

(e)   It shall be unlawful for fireworks to be stored, sold or displayed for sale without a letter of permission of the property owner if other than the permittee.

(f)   It shall be unlawful for fireworks to be stored, sold or displayed for sale in the 500 and 600 blocks of Main Street.

(g)   It shall be unlawful for fireworks to be stored, sold or displayed for sale within 250 feet of a motel or hotel or any multiple housing complex larger than a four-plex.

(Ord. 3582; Code 2008)

(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. No person shall smoke any cigarette, cigar, pipe or other similar device within 25 feet of any store or premises, or section thereof which is so posted.

(d)   Any retailer may post one sign which is visible from any adjacent street, road, or thoroughfare which reads “Fireworks” or “Fireworks for Sale”. In addition, any such sign may set forth the name of the person, group or organization holding the permit issued hereunder. No such sign shall be placed on the premises earlier than June 27th or remain on the premises after July 4th. No retailer shall be required to obtain a separate permit for the sign permitted by this subsection, but any such sign shall in all respects conform to size and other restrictions set forth in the ordinances of the City.

(e)   Stands shall be operated by adults, 18 years of age or older only. Fireworks shall be attended in a stand or tent 24 hours. Persons under the age of 18 may work in the tent but must always be under adult supervision.

(Ord. 3582; Code 2008)

(a)   At least Two (2) 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 at least One (1) such fire extinguisher, or in lieu of the fire extinguisher, a pressurized water hose with nozzle end within five feet of the fireworks stand.

(Ord. 3582; Code 2008)

It shall be unlawful to store, keep, sell, display for sale or discharge any fireworks within 250 feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids, including LP gas, are sold in quantities in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.

(Ord. 3582; Code 2008)

The Chief of the Police Department is authorized to inspect at any time, any premises at which fireworks are sold and 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 of all such fireworks as may be directed by the Governing Body. The Chief of Police shall also have the authority to pull or withdraw said permit if any violations exist.

(Ord. 3582; Code 2008)

Any person, whether acting on his or her own behalf or that of any group or organization, who violates any section of this article shall be deemed to be guilty of a misdemeanor, and shall, upon conviction be punished by a fine of not more than $500.00 or imprisonment of not more 30 days, or both such fine and imprisonment. Conviction would be cause to deny future applications for fireworks sales.

(Ord. 3582; Code 2008)

The Governing Body may in its discretion extend the time limitations on the discharge and firing of fireworks set forth in Section 7-303, the time limitations on the retail sale of fireworks set forth in Section 7-304 and the time limitations dealing with signs for “Fireworks” or “Fireworks for Sale” set forth in Section 7-311, however no extension of time limitations authorized by the Governing Body under the authority of this section shall permit any extension of time that is greater than the time limitations imposed by statute or administrative regulations adopted and approved by the State of Kansas.

(Ord. 3782)