CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 2. FIREWORKS

Except as hereinafter provided, it shall be unlawful for any person or entity to discharge fireworks, as defined by the regulations of the fire marshal of the State of Kansas, within the city limits.

(Ord. 619, Sec. 1; Code 2007)

The discharge of state fire marshal approved fireworks within the city is permitted only at the following times and dates

8:00 a.m. to 10:00, June 27 - July 3.

8:00 a.m. to midnight, July 4.

10:00 a.m. to 10:00p.m., July 5

(Ord. 642, Sec. 2; Code 2007)

Notwithstanding any other provision set forth herein, special permits for public fireworks displays may be issued by the mayor or his or her designee upon such terms and conditions as the city shall deem appropriate to insure public safety. 

(Ord. 619, Sec. 3; Code 2007)

Upon the determination of the mayor or his or her designee, the discharge of fireworks may be terminated and prohibited within the city limits upon a finding by the mayor or his or her designee that the discharge constitutes an immediate hazard to the safety of property or persons within the city. Upon such determination that the discharge of fireworks constitutes an immediate hazard, the governing body may by resolution and publication prohibit the discharge of fireworks, or in the case of an emergency situation, the mayor or his or her designee is empowered to issue a proclamation prohibiting the discharge of fireworks for not more than 48 hours following the proclamation, which shall be publicized and posted at the City Building of Douglas, Kansas. 

(Ord. 619, Sec. 4; Code 2007)

Upon application to the City Clerk, a permit to sell fireworks shall be granted upon the following conditions:

(a)   All applications for a permit to sell fireworks shall be submitted to the City Clerk at least 10 days prior to the granting of such permit. No permits shall be granted prior to June 1 of the year in which fireworks will be sold pursuant to such permit.

(b)   Approval of the location upon which fireworks are to be stored and/or sold; provided, however, that no such location shall be within 75 feet of another location, measured structure to structure and provided further that each such location upon which fireworks are to be sold shall provide for the public not Jess than one (1) off-street parking stall per 100 square feet of sales structure floor area and adequate ingress and egress aisles. Fireworks shall not be stored or sold within 50 feet of any source of flame, sparks or flammable or volatile liquids in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only. A description of each location shall be provided to and approved by the City Superintendent of the city of Douglass, Kansas, prior to the issuance of a permit. Each vendor shall also furnish without cost to the City such flag-person and attendants as are necessary to insure the orderly parking of vehicles around each sale site, and shall in no way interfere with the normal flow of traffic on public roads. No vender shall allow parking on public right-of-way around any site.

(c)   Approval of all safety precautions and equipment at each sales site by the City Superintendent; such precautions to include fire extinguishers and such other equipment as required by applicable state laws and regulations.

(d)   Each vendor shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $500,000 per occurrence, with the City of Douglass, Kansas, named as an additional insured, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancellable by vendor upon Jess than thirty (30) days’ notice.

(e)   Each vendor shall obtain a policy of product liability insurance for a minimum coverage of $500,000 per occurrence for products sold and/or stored within the City by the vendor, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancellable by vendor upon less than thirty (30) days’ notice.

(f)   Each vendor shall at all times indemnify and hold harmless the City of Douglass, Kansas its officials, agents and employees, from and against any and all claims, actions, damages, liability and expense including, but not limited to attorneys and other professional fees, in connection with loss of life, personal injury and/or damage to property arising from or out of the storage, sale, discharge and/or  transportation  of  fireworks  by  such  vendor  and  vendor’s  customers, employees, contractors and agents.

(g)   All fireworks stored or sold shall be of the type allowed by applicable state laws and regulations.

(h)   Payment of appropriate permit fee per sales site to the City Clerk.

(i)    At the time of the issuance of any permit, each vendor shall deposit with the City Clerk the appropriate deposit to reimburse the City for the cost of clean-up.  Any amount of the deposit not used shall be returned to the vendor.

(j)    All permits to sell fireworks issued pursuant to this section shall be in writing, shall contain thereon such restrictions as may have been imposed by the City Superintendent and shall be permanently displayed at each location upon which the fireworks are to be sold. Each permit so issued shall be valid through June 1st of the following year, at which time the holder of such permit may renew the same by paying the applicable permit fee and complying with all other requirements for the re-issuance of a permit. Should the holder of such permit fail to apply for renewal of such permit by June 1st, such permit shall expire.

(k)   No permit shall be issued or renewed to a vendor who has failed to demonstrate financial responsibility.  In this regard and by way of illustration, evidence that the holder of a permit has failed to pay the cost of merchandise when due, failed to pay costs associated with leased land or facilities when due, or failed to pay wages of employees when due in connection with sales of fireworks in prior years, may constitute sufficient grounds for the rejection of an application for a permit.

(l)    Sale hours shall be as follows:

8:00 a.m. to 12:00 midnight – June 27 through July 3

8:00 a.m. to 11:00 p.m. – July 4

8:00 a.m. to 6:00 p.m. – July 5

(m)  All advertising signage shall be as per City zoning regulations.

(Ord. 736; Code 2007; Ord. 772; Code 2015)

The violation of any provision of this Article regarding the sale of fireworks shall be punishable by a fine not to exceed $2,500.00 and/or imprisonment for not more than one (1) year and/or revocation of any permit to sell fireworks. Also, any permit holder violating any provision of this, Article shall first be issued a warning by the City and on any second or subsequent violation; the Mayor or his designee shall revoke the permit for sale and terminate the sale of fireworks by the violator. Any permit holder whose permit is revoked may appeal to the Governing Body by notice served upon the City Clerk, and a hearing shall be called and held not less than twenty-four (24) hours from the date of the filing of such notice. In the event of a violation of this Article, the Mayor or his designee shall have the authority to seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this Article or possessed or owned by any person for discharge.

(Ord. 736, Sec. 2; Code 2007)