Except as hereinafter provided, it shall be unlawful for any person to sell or discharge fireworks within the city as defined by the regulations of the fire marshal of the state of Kansas within the city.
(Ord. 748; Code 2003)
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 ten (10) days prior to the granting of such permit. No permits shall be granted prior to June 24th 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 one-hundred fifty (150) feet of another permit location, measured structure to structure. If a tent is used for the construction of the fireworks stand, the material must be of a flame-retardant type. Each such location upon which fireworks are to be sold shall provide for the public not less than one (1) off-street parking stall per one-hundred (100) square feet of sales structure floor area and adequate ingress and egress aisles. Fireworks shall not be stored or sold within fifty (50) feet of any source of flame, sparks, or flammable or volatile liquids in excess of one (1) gallon, except in stores where cleaners, paints, and oils are handled in sealed containers only. A description of each location referred to herein shall be provided to and approved by the public works director or his/her designee of the city prior to the issuance of a permit to sell fireworks. Each vendor shall furnish without cost to the city such flagperson and attendants as are necessary to ensure 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 vendor shall allow parking on public right-of-way around any sale site.
(c) Prior to issuance of the permit, an inspection will be made of the applicant’s facility to determine the square footage of the stand/tent/building and other pertinent laws and no permit shall be issued for any premises not in compliance with such laws. The sale of fireworks will be allowed in areas zoned D, E, F and G in the city. No sales of fireworks shall occur at any location, building, structure, tent or other similarly describable enclosure in conjunction with the retail sales of non-fireworks related items except as allowed by staff at the written request of the vendor. Any items sold under this exception must be approved by city staff prior to any sale taking place.
(d) Approval of all safety precautions and equipment at each sales site by the public works director or his/her designee; such precautions to include fire extinguishers and such other equipment as required by applicable state and city laws and regulations.
(e) Each vendor shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $500,000 per occurrence, with the city of Haysville 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 cancelable by the vendor upon less than thirty (30) days notice.
(f) 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 cancelable by the vendor upon less than thirty (30) days notice.
(g) Each vendor shall at all times indemnify the City of Haysville, Kansas, its officials, representatives, designees and employees, and shall defend, save and hold them harmless, 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, representatives, employees, contractors and designees.
(h) Permit fees shall be collected for each sale location based on square feet of the structure. The square footage shall be determined by the interior dimension measurements of the physical structure of the stand/tent/building. Permit fees as established by Chapter 17 shall be collected for each sale location and shall be based on the square footage of the structure or location.
(i) Permit fees as established by Chapter 17 shall be collected for each sale location and shall be based on the square footage of the structure or location. Each permit so issued shall be valid for forty-five (45) calendar days and then shall expire.
(j) No permit shall be issued or renewed to a holder 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.
(k) The following fireworks shall be prohibited within the City of Haysville: the fireworks commonly referred to as Chinese lanterns.
(Ord. 748, Sec. 2; Ord. 748-A, Ord. 748-B; Code 2003; Code 2012)
Fireworks permitted under this article shall be sold only during the following times; 8:00 a.m. to 10:30 p.m., June 27th through July 2nd and 8:00 a.m. to midnight July 3rd and July 4th.
(Ord. 748, Sec. 3; Code 2003)
Fireworks, which may be displayed, detonated, discharged, and/or ignited within the city limits shall only be those devices commonly known as fireworks legal for sale within the state of Kansas. Residents of the city and their guests may detonate fireworks permitted under this article on their private property during authorized shooting hours as set forth in this article. The detonation of fireworks within the city shall be permitted only between 8:00 a.m. and 10:30 p.m. June 27th through July 2nd. On July 3rd and July 4th detonation of fireworks will be permitted between the hours of 8:00 a.m. to midnight. On December 31st detonation of fireworks will be permitted between the hours of 6:00 p.m. to 1:00 a.m. January 1st. If June 27 – July 2 falls on a Friday or Saturday night, detonation times will be extended until midnight for Friday and Saturday only. Detonation may also occur within time frames approved through the City’s Special Event Permit.
(Ord. 748, Sec. 4; Code 2003; Code 2024)
Upon the determination of the mayor and based upon recommendations of the city staff, the discharge of fireworks may be limited, suspended or prohibited within the city limits of the city even during those times generally permitted by this article. Such determination shall be made if it appears to the mayor that the discharge of fireworks constitutes an immediate hazard to the safety of property or persons within the city. Such limitation, suspension or prohibition shall be by emergency proclamation, signed by the mayor, which shall be publicized and posted at the City Hall. If thereafter, circumstances occur which minimize or eliminate the hazardous condition resulting in such proclamation, the proclamation may be rescinded or modified by subsequent proclamation with similar posting. In the absence of the mayor, the then serving president of the council shall be empowered to issue such proclamation.
(Ord. 748, Sec. 5; Code 2003)
Proceeds from the sale of fireworks permits shall be used to fund capital improvements for the Haysville Park System and/or the July 4th public fireworks display.
(Ord. 748, Sec. 6; Code 2003)
The violation of any provision shall be punishable by a fine of $2,500.00 and/or imprisonment for not more than one (1) year and/or revocation of any permit to sell fireworks. Any permit holder violating any provisions shall first be issued a warning by the police department, and on any second or subsequent violation of this article, the police department shall revoke the permit for sale and terminate the sale of fireworks by the violator. Any permit holder whose permit is revoked hereunder 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 of appeal.
(Ord. 748, Sec. 7; Code 2003)
The violation of any provision contained in section 5-1104 of this article shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) and forfeiture of any and all fireworks that were then in the possession of the alleged offender.
(Ord. 748, Sec. 8; Code 2003)
(a) It shall be unlawful for any person or entity, other than as sponsored by the City of Haysville for the City as a whole, to give or provide a fireworks display for the public or for organized groups without first obtaining a special event permit from the City of Haysville. The City shall not review an application for a special event permit until the Sedgwick County Fire Marshall, or his designee, has reviewed and approved the application. Said application shall be approved in accordance with the provisions of Chapter 12, Article 3.
(b) A public display of fireworks may be held upon private property as approved by the Sedgwick County Fire Marshall, or his designee. In such instance those elements of the Special event Application specifically associated with use of public property shall not be applicable. All application fees and the event review process shall be applicable to private property displays, except that the review of the event by the Recreation Director may not be applicable. If the terms of this section are in conflict with, or less restrictive than, Chapter 12, Article 3, the terms of this section shall apply. The review of the proposed event by the Public Works Director and Chief of Police shall be applicable to a private property fireworks display.
(c) No special event permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $1,000,000.00 for each occurrence including damage to vehicles, naming the City of Haysville as additional insured and providing for both workers compensation, which is written by an insurance carrier licensed to do business in Kansas. Insurance certificate shall not be cancelled by insured or insurer until written notice is provided to the City Clerk of the City of Haysville. In the event of cancellation of the insurance prior to the display, the special event permit shall automatically be revoked and void. Presenting a fireworks display after insurance has been cancelled shall be a violation of this code, and may be prosecuted as an unclassified misdemeanor in accordance with this Article. The application for the special event 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. Shall include:
(A) Address of the grounds upon which the display is to be held;
(B) A diagram of the grounds on which the display is to be held. The diagram must indicate distances from the point of discharge of fireworks to:
(C) the perimeter of the grounds,
(D) to all structures located upon the grounds,
(E) all structures on abutting properties within 500 feet of the point of discharge,
(F) all abutting streets points of ingress/egress to the grounds, and
(G) the area at which the audience will be located.
(4) The date, time and duration 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) The name of the person, firm or corporation that will discharge the fireworks. Must present a valid firework operators certificate issued by the State of Kansas Fire Marshal’s Office.
(8) Anticipated need for police, fire or other municipal services.
(d) No special event permit shall be issued if in the opinion of the Sedgwick County Fire Marshall, or his designee, the location, nature of the fireworks or any other relevant factor creates a hazard, risk of harm, or risk of damage to persons or property.
(e) Prior to approval of any special event permit application, the Sedgwick County Fire Marshall shall have the power to issue reasonable rules and regulations for the granting of said special event permit. City law enforcement and the Sedgwick County Fire Marshall are authorized to terminate a fireworks display event if the event operator or party responsible for fireworks detonation violate any such rules and regulations.
(f) The Chief of Police of Haysville, Kansas, shall review the application to determine whether police or security shall be required as a condition of approval of the special event permit. Such review shall include determination of traffic control concerns, and identifying and preventing concerns arising from individuals watching the display in unsafe areas located off the display grounds. All costs of security or additional policing requirements shall be borne by the event operator.
(g) Only those persons actually approved as operators by the Fire Marshall, or designee, shall handle or discharge any fireworks at such a special event.
(h) Fireworks displays shall be completed by midnight on Fridays and Saturdays and 11:00 pm Sunday through Thursday nights.
(i) No individual, business, or organization shall receive more than one permit for special event of fireworks per calendar year. To limit negative impacts upon abutting properties, a site for a special event of fireworks shall only be authorized for a special event of fireworks once annually.
(j) A permit authorizing a special event of fireworks shall hereby require that the permittee remove all trash and debris from the property associated with the special event of fireworks, including both trash and debris generated by the display itself as well as by the attendees to the event.