Chapter 7 · Fire

Article 3. Explosives

Sections 7-301 to 7-306 · 6 sections

7-301 Selling restrictions.

It shall be unlawful for any person, partnership, or corporation, or any combination thereof, within the city to expose for sale, offer for sale, or sell any blank cartridge, firecracker, torpedo, skyrocket, or other fireworks or explosives of a like nature at retail before June 27 and after July 5 of any year.

(Code 1961, 7-3-1; Ord. 3737; Code 2023)

7-302 Certain locations of sale prohibited.

It shall be unlawful to expose for sale, offer for sale or to sell any fireworks, as described in section 7-301, except from the following locations:

(a)An established retail business maintaining a fixed and permanent business location within the city;

(b)A fixed and permanent location, within a commercial or industrial zone in the city, having off street parking; or

(c)A fixed and permanent location, within any building other than a building used as a residence, lawfully existing in any other zone of the city and having off street parking, which said building is owned or occupied by any religious, charitable, benevolent, fraternal society or like nonprofit entity and so long as sales of such fireworks are for the primary use and benefit of said entity.

All displays and sales shall take place within the said business establishment or within the said building. In no event, shall any display or sale take place in or from any temporary stand or structure.

(Code 1961, 7-3-2; Ord. 3997; Code 2023)

7-303 Exploding; firing on designated days and at designated times.

It shall be unlawful for any person or persons to use, fire off, explode or cause to be exploded within the city:

(a)Any fireworks or explosives described in section 7-301, except on the days such fireworks may lawfully be sold at retail;

(b)Any fireworks or explosives described in section 7-301 and which, when used, fired off or exploded, give an audible report, whistle, or similar noise, except on the days such fireworks may be lawfully sold at retail and then only between the hours of eight o’clock (8:00) A.M. and ten o’clock (10:00) P.M. of such days, other than within the confines of the north city park or at the Cedar Valley Reservoir; provided, however, such fireworks may be used, fired off or exploded on July 4 between eight o’clock (8:00) A.M. and twelve o’clock (12:00) midnight of said day; and

(c)Any fireworks or explosives described in section 7-301 of this chapter within the north city park on the date, including the “rain date” if applicable, scheduled for the community fireworks display in commemoration of the Independence Day holiday, said display commonly called “Liberty Fest”, between the hours of six o’clock (6:00) p.m. and eleven o’clock (11:00) p.m. of said day

(Code 1961, 7-3-3; Ord. 3420; Ord. 4237; Code 2023)

7-304 Exploding, firing; location restrictions.

It shall be unlawful for any person or persons to use, fire off, explode, or cause to be exploded in the city, any of the fireworks or explosives described in section 7-301 at any time: (1) at, toward, or under any car or motor vehicle, whether the same is moving or standing still; (2) from any car or motor vehicle, whether moving or standing still; or (3) within one hundred (100) feet of any gasoline pump, gasoline filling station, gasoline bulk station, or any building or area in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints, oils, and other volatile materials are handled in sealed containers only; provided, however, the shaking, mixing or adding colorant to paint which is essentially free from volatile substances, often commonly called water-based paint or finish, is likewise excepted.

(Code 1961, 7-3-4; Ord. 2541; Ord. 4237; Code 2023)

7-305 Illegal fireworks and explosives.

It shall be unlawful for any person, partnership, or corporation, or any combination thereof, to sell, detonate, or explode, or to possess with the intent to sell, detonate, or explode such fireworks items as M-80s, cherry bombs, bulldogs, salutes, skyrockets, tubular salutes, repeating bombs, aerial bombs, torpedoes, metal propelled items, bottle rockets, and other similar items which are now or may be officially declared illegal in the state of Kansas under rules and regulations promulgated by the state fire marshal.

(Code 1961, 7-3-5; Ord. 2541; Code 2023)

7-306 Industrial purposes; exception.

Nothing in this article shall be construed to prohibit the sale or use of black powder, dynamite, or other explosives for industrial purposes, or the sale of loaded cartridges and other ammunition for firearms not otherwise prohibited by ordinances of this city or the laws of the state of Kansas or the United States Of America; and provided further that the City Commission may grant permission to any responsible person, persons, or committee for patriotic displays of fireworks on or about July 4 in celebration of the independence of the United States Of America, or such other occasion as the said Commission may deem proper, provided always that proper safeguards shall be required as to fire protection.

(Code 1961, 7-3-6; Ord. 2541; Code 2023)