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.

(Code 1991)

(a)   Except as provided in sections 7-302(b), 7-303:304; it shall be unlawful for any person to keep, store, display for sale, sell, fire, discharge or explode any fireworks.

(b)   Between 8:00 a.m. on June 30 and 12:00 p.m. on July 5, keeping, storage, displaying for sale and sale of fireworks shall be allowed at retail provided the seller thereof complies with all local and state regulations.

(c)   Every person selling or offering for sale at retail fireworks permitted by state regulations and City code shall obtain a temporary use permit from the City Clerk for each location from which the applicant proposes to sell or offer for sale fireworks at retails, which permit shall be issued upon the completion of an application form to be supplied by the City Clerk and payment of $25.00 for the permit fees. Prior to opening each location for sales, the premises shall be inspected by the Attica Fire Department to determine compliance with state regulations and to determine if the permittee is found to be in compliance. Permits granted under this section shall be valid during only the year of application. No permits shall be issued to any person who, within the last five years, has had permits revoked for violation of applicable laws, city ordinances or state regulations or to any such person’s spouse or minor children, and no permit shall be issued for any premises to e operated by a manager of agent unless such person would be eligible to hold a permit.

(d)   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.

(Ord. 690, Sec. 2; Code 1991; Ord. G-1258-19-03; Code 2022)

(a)   Section 7-302 of this article shall not apply to the firing or discharge of fireworks in the city between the hours of 8:00 a.m. and 10:30 p.m. on July 1st through July 3rd and July 5th, and between the hours of 8:00 a.m. and 11:59 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 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.

(d)   Violation of this section may result in prosecution in municipal court and a fine of up to $20.00 (Twenty dollars).

(Code 1991; Ord. G-1147-08-02; Code 2022; Ord. G-1238-17-04)

(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. Approval of the permit shall be by the governing body. No permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $500,000 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.

(Code 1991)

(a)   All fireworks 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.

(Code 1991)

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 public place within the city, without a permit.

(Code 1991)

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.

(Code 1991)

(a)   It shall be unlawful for fireworks to be stored 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 fire chief deems there is a fire hazard, he or she is hereby authorized to have such hazard abated.

(Code 1991)

Two functioning and approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all places where fireworks are stored.

(Code 1991)

It shall be unlawful to store, keep or discharge any fireworks within 50 feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities In excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only.

(Code 1991)

The chief of the fire department and the chief of police are authorized 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.

(Code 1991)