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:
(1) The term “fireworks” means any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance.
(2) The term “fireworks” does not include any auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.
(Code 1974, § 6.28.020; Ord. 493, § 1(part), 1979; Code 2018, 14-44)
(a) The manufacture or assembly of fireworks for commercial or supervised public displays within the jurisdiction is permitted under special permits as are required by local and state regulations. In no event are such manufactured or assembled fireworks to be offered for sale, sold at retail, or used or exploded other than under this section.
(b) Except as hereinafter provided, it is unlawful for any person to possess, store, sale, offer for sale, expose for sale, sell at retail, or use or explode any fireworks except as herein provided.
(1) The city clerk shall have the power to issue permits under rules and regulations promulgated by the fire chief for the granting of permits for supervised public display of fireworks by a jurisdiction, fair associations, amusement park, or other organizations or for the use of artisans in the pursuit of their trade. Every such display shall be conducted by a competent operator approved by the fire chief, and shall be of such character and so located, discharged or fired as in the opinion of the fire chief after investigation, not to be hazardous to property or shall not endanger any person. Such a permit application must be made not less than 48 hours prior to the proposed display and a fee as provided on the city fee schedule must accompany such permit.
(2) In addition, the city clerk may issue after application by a qualified retailer a permit to sell, possess and store Class “C” fireworks as defined by law or rule. Each application for permit to sell, display and possess such fireworks shall name the person to supervise its display, who shall be trained and competent to conduct the same and approved by the fire chief. The fire chief shall also inspect such site prior to the permit being issued.
(3) Each application for a permit to conduct retail sales must describe the premises from which such sales shall take place which must be on private property and cannot be located in an area zoned as residential. Each application shall be made on or before June 1 for each year and shall be accompanied by an application fee as provided on the city fee schedule.
(c) The possession, storage or use of Class “C” fireworks is permitted as an exception to the provisions of subsection (a) of this section. No permit granted hereunder shall be transferable.
(Code 1974, § 6.28.030; Ord. 493, § 1(part), 1979; Ord. 725, § 1, 1995; Ord. 749, § 1, 1997; Ord. 771, § 1, 1998; Ord. 780, § 1, 1999; Ord. 788, § 1, 2000; Code 2018, 14-45)
(a) Retail sale of fireworks, date, time. The retail sale of fireworks, permitted upon application as set forth under section 14-45 of the Clearwater Municipal Code, shall only be allowed commencing on the first date fireworks sales are authorized by the Kansas State Fire Marshall, in accordance with applicable Kansas Statutes and Kansas Administrative Regulations, through July 2nd between the hours of 10:00 a.m. and 10:00 p.m., and on the days of July 3rd and July 4th between the hours of 10:00 a.m. and midnight.
(b) Use and discharge of fireworks, date, time. The use and discharge of such fireworks shall only be permitted on the days of July 1st through July 2nd between the hours of 10:00 a.m. and 10:00 p.m. and on the days of July 3rd and July 4th between the hours of 10:00 a.m. and midnight.
(c) Public display of fireworks, date. A public display of fireworks shall be permitted upon application as set forth in section 7-202 on the days of July 3rd and July 4th. A public display of fireworks may be permitted on any other date after application and approval by the city council and upon the conditions set forth by the city council in granting its approval.
(1) If July 5th falls on a Saturday in any calendar year, then the dates set forth in subsections (b) and (c) herein shall be extended to July 5th between the hours of 10:00 a.m. and 10:00 p.m.
(2) If inclement weather prevented the use and discharge of fireworks and the public display of fireworks on July 4th, the mayor in his discretion may notify members of the public that the dates set forth in sections (b) and (c) herein shall be extended to July 5th between the hours of 10:00 a.m. and 10:00 p.m.
(Code 1974, § 6.28.031; Ord. 728, § 1, 1996; Ord. 749, § 2, 1997; Ord. 771, § 2, 1998; Ord. 780, § 2, 1999; Ord. 891, § 1, 2008; Ord. 922, § 1, 5-11-2010; Ord. 991, § 1, 12-9-2014; Ord. 1043, § 5-8-2018; Code 2018, 14-46)
No person shall discharge any fireworks within 250 feet of the exterior walls of any temporary fireworks stand where fireworks are sold. Signs stating: “NO DISCHARGE OF FIREWORKS WITHIN 250 FEET” shall be posted on the exterior walls of said temporary fireworks stands.
(Code 1974, § 6.28.032; Ord. 771, § 3, 1998; Code 2018, 14-47)
The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, his agents, employees or subcontractors.
(Code 1974, § 6.28.040; Ord. 493, § 1(part), 1979; Code 2018, 14-48)
It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another.
(Code 1974, § 6.28.045; Ord. 771, § 4, 1998; Code 2018, 14-49)
Any fireworks except Class “C” fireworks that remain unfired after any display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.
(Code 1974, § 6.28.050; Ord. 493, § 1(part), 1979; Ord. 725, § 2, 1995; Code 2018, 14-50)
The police or fire chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks except Class “C” fireworks offered or exposed for sale, stored or held in violation of this article.
(Code 1974, § 6.28.060; Ord. 493, § 1(part), 1979; Ord. 725, § 3, 1995; Code 2018, 14-51)
Any person who violates any section of this article shall be punished by a fine of not more than $100.00, or by confinement for not more than 30 days, or by both such fine and confinement.
(Code 1974, § 6.28.070; Ord. 368, § 7, 1968; Code 2018, 14-52)