(a) “Fireworks” shall mean any combustible or deflagrating composition, article, or device suitable for the use of the public for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and previously approved for transportation by the chemical laboratory of the United States Department of Transportation.
(b) “Consumer Fireworks” or fireworks in the explosives class 1.4G UNO336, (formerly known as Class C fireworks), means fireworks designed primarily to produce visible effects by combustion. The definition of said fireworks is based on the classification utilized by the United Nations explosives shipping classification system. This class is further described as a Minor Explosion Hazard Confined to Package: Pyrotechnics.
(c) Nothing in the regulation shall be construed as applying to toy smoke devices defined as smoke balls, or tubes containing a pyrotechnic mixture which upon ignition produces a visible cloud of colored smoke (white and black smokes are considered colored); or to toy paper caps containing not more than twenty-five hundredths of a grain of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, not applying to the military or naval forces of the Unites States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial or theatrical or athletic events, nor as prohibiting the sale or use of blank cartridges for ceremonial or theatrical or athletic events, nor as prohibiting the firing of sky rockets or missiles when produced by a science class of any school and when under supervision of the science instructor and when the place and time offering the sky rockets or missiles has been approved by the fire chief.
(d) K.S.A. when referenced means Kansas Statutes Annotated.
(Ord. 1347; Code 2014; Ord. 1411)
(a) All pyrotechnic devices classified and labeled as class 1.4G UNO366 (common fireworks) by the United Nations explosives shipping classifications system, may be sold, manufactured, possessed, transported or otherwise permitted for use in Kansas unless specifically prohibited by law. Prohibited devices may be used for public display purposes as provided for in K.A.R.22-6-10 and may be possessed and transported by wholesalers and manufacturers for ultimate disposition outside the state.
(b) Bottle rockets; sale or use prohibited; exceptions.
(1) Except as provided in subsection (b)(3):
(A) It shall be unlawful to sell, offer to sell, or to possess with intent to sell or offer for sale a bottle rocket; and
(B) it shall be unlawful to ignite, fire, set-off or otherwise use a bottle rocket.
(2) Any person violating the provisions of subsection (b)(1) shall be guilty of an unclassified misdemeanor punishable by a fine of not more than $100.
(3) The provisions of this section shall not prohibit the possession or transportation of bottle rockets by a manufacturer or wholesaler thereof for sale outside this state if such manufacturer or wholesaler is currently registered with the state fire marshal pursuant to K.S.A. 31-156.
(4) As used in this act, “bottle rocket” means any pyrotechnic device which: (A) is classified as a class C explosive by the United States Department of Transportation under 49 CF.R. 173.100 (1977); (B) is mounted on a stick or wire; and (C) projects into the air when ignited, with or without reports, and includes any device with the same configuration, with or without reports, which may be classified as a pipe or trough rocket. “Bottle rocket” does not include helicopter-type rockets.
(c) Fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of these regulations shall be subject to seizure by the state fire marshal, any deputy state fire marshal, any law enforcement official, the chief of any organized fire department who has been duly authorized by the chief. Fireworks seized under this section may be disposed of by summary destruction at any time subsequent to 30 days from the seizure or 30 days from the final termination of proceedings under the provisions of Section 3 below, whichever is later.
(d) Procedure after fireworks are seized.
(1) Any person whose fireworks are seized under the provisions above may, within 10 days after the seizure, submit a written petition to the state fire marshal requesting the return of the fireworks seized upon the grounds that the fireworks were illegally or erroneously seized. Upon the filing of the petition, the state fire marshal shall immediately notify any involved local enforcement agency.
(2) If any petition filed requests a hearing, the state fire marshal or his representative shall hear the person within 30 days after the receipt of the petition. The state fire marshal shall give not less than 10 days written notice of the hearing. The hearing shall be held in accordance with K.S.A. 31-141. The state fire marshal shall file a decision within 15 days after the hearing.
(3) If a hearing is not requested, the state fire marshal shall files his decision within 15 days after the filing of the petition.
(4) Notice of the state fire marshal’s decision shall be sent to the petitioner and any involved local enforcement agency.
(5) The state fire marshal may order the fireworks seized under these regulations disposed of, or, if illegally or erroneously seized, returned to the petitioner.
(Ord. 1347; Code 2014; Ord. 1411)
(a) It shall be an unclassified misdemeanor punishable by up to a $500.00 fine and/or a maximum jail sentence of 30 days for any person to sell or offer for retail sale, or to discharge, or to have in their possession any fireworks within the City of Marion, Kansas, when offered, sold, discharged or possessed in contravention of the following sections of this article. Each day a violation occurs or is continued shall be deemed a separate offense.
(b) Nothing in this article shall be construed to be in conflict with the state fire marshal’s published rules and regulations known as the Kansas Fire Prevention Code. Pursuant to K.S.A. 31-134, these rules and regulations are made available for general distribution upon request to the state fire marshal’s office,
(Ord. 1347; Code 2014)
(a) In addition to the information required by Section 7-305, all applications for a license to sell fireworks shall be made to the city clerk and shall:
(1) Set forth the proposed location where the fireworks are to be sold and whether the location is a temporary stand or in a permanent structure.
(2) Be accompanied by certificates of insurance evidencing liability coverage in the minimum amounts of $1,000,000.00 and property damage coverage in the minimum amount of $1,000,000.00 and naming the City as an additional insured. The certificates of insurance shall state that the City will be given 10 days written notice prior to any cancellation of the insurance by the insurance company.
(3) Be accompanied by a copy of the applicant’s Kansas Sales Tax License,
(b) Applications shall be made a minimum of 21 days prior to the time when the applicant wishes to begin selling fireworks within the time constraints set forth in this Ordinance, A fee shall be assessed to defray the costs of inspection and monitoring. Said fee is set by the City Council by resolution on an annual basis.
(c) Each party or organization that makes application to operate a fireworks stand shall provide the name and address of each person who will work in the stand. Further, upon request they shall provide the necessary information for a background check to be done by law enforcement. Any party who does not comply may be denied an application.
(d) Every application to sell fireworks shall also be accompanied by a check, cash or money order in the sum of $200.00 as a license fee made out to the City of Marion. No license shall issue until such time as payment is made. If a license to sell is denied, said funds will be returned to the applicant.
(Ord. 1347; Code 2014; Ord. 1411)
Prior to any sale of fireworks under this ordinance the fire chief or his or her designee shall inspect the site. The fireworks shall be arranged, located and stored in a manner that in the opinion of the fire chief or designee will not be a hazard to property or endanger any person.
(Ord. 1347; Code 2014)
(a) License issued pursuant to this ordinance shall be posted in a conspicuous place in a temporary stand and in a conspicuous place in the vicinity of the fireworks in a permanent structure.
(b) The license shall be available for presentation upon request to duly authorized officials.
(Ord. 1347; Code 2014)
(a) All retail sales locations shall be under the direct supervision of a responsible person who is 18 years of age or older. A salesperson shall remain at the sales location at all times unless suitable locking devices are provided to prevent the unauthorized access to the merchandise by others, or the merchandise is removed.
(b) Fireworks shall not be sold to any person under the age of 16 years, unless accompanied by an adult.
(c) All retail sales locations shall be kept clear of dry grass or other combustible material for a distance of at least 25 feet in all directions.
(d) Storage of fireworks for sale shall not be located in residential areas.
(e) Smoking and alcoholic beverages shall not be permitted within 50 feet of any fireworks, stand or any adjacent areas where fireworks are stared, sold or displayed. “Fireworks for sale - no smoking” signs shall be conspicuously posted inside and outside of the storage and/or sales location. The Operator shall enforce this provision with respect to all Persons at the fireworks stand. Both the Operator and the Person violating this provision may be subject to prosecution.
(f) All retail sales locations shall have at least one operable portable fire extinguisher having a combined rating of at least 2A 10 BC and telephone on site for emergencies at all times. The telephone requirement may be satisfied by maintaining an operable wireless phone on site.
(g) No amount of retail storage or retail sales of fireworks shall, by its presence, create a distinct hazard to the life or safety of the customer, employee or property.
(h) All retail fireworks sales shall be located in permanent structures or temporary stands as defined in this Ordinance.
(i) All fireworks retailers shall have a permit as set out above and shall be inspected prior to any sales.
(j) Each fireworks stand shall display a 3 foot by 3 foot or larger sign visible to the public advising of the following rules:
(1) Fireworks shall not be discharged on any public street, roadway or the right-of-way adjoining a public roadway.
(2) Fireworks may be discharged within the City of Marion, Kansas during the following dates and times:
July 1 9:00 a.m. to 10:00 p.m.
July 2 9:00 a.m. to 10:00 p.m.
July 3 9:00 a.m. to 10:00 p.m.
July 4 9:00 a.m. to midnight
(3) No smoking or alcoholic beverages are allowed at the fireworks stand
(4) Fireworks shall not be ignited or discharged within 1,000 feet of any hospital, sanitarium or infirmary; into, under or on a car or vehicle, whether moving or standing still. Fireworks shall not be discharged within 50 feet of any retail fireworks stand or where fireworks are stored.
(5) Fireworks shall not be discharged within 100 feet of temporary stands, LPB, flammable liquid or gas storage and dispensing units.
(6) Fireworks shall not be discharged within 20 feet of any residence, dwelling or other structure.
(7) Fireworks shall not be discharged upon City property or upon public grounds without either the written approval of the City or the discharge of fireworks within city owned areas that may be designated as “open to the public” from time to time.
(8) Violation of this article is a misdemeanor and shall be punishable by up to a $500 fine and/or up to 30 days in jail. This article shall be strictly enforced.
(k) All fireworks retailers shall give to each individual upon the sale of fireworks, a schedule of when said fireworks may be discharged within the City of Marion. The schedule shall be provided by the City of Marion.
(Ord. 1347; Code 2014; Ord. 1411)
(a) Display of fireworks inside permanent structures shall be subject to the following restrictions:
(1) Display of fireworks for sale must be constantly attended by a sales person.
(2) The area where fireworks are displayed or stored shall be at least 50 feet from any flammable liquid or gas, or other highly combustible material. Fireworks shall not be stored, including stock for sale, near exit doorways, stairways or in locations that would impede egress.
(3) Fireworks shall be stored, handled, displayed and sold only as packaged units inside permanent structures
(Ord. 1347; Code 2014)
(a) Display of fireworks inside temporary stands shall be subject to the following restrictions: a. Temporary stands shall meet the requirements of the latest Building and Fire Codes adopted by the City.
(b) Each temporary stand shall have a minimum of two approved exit doors, which swing out at opposite ends of the stand. Door locking devices, if any, shall be easily released from the inside without special knowledge, key or effort.
(c) Each temporary stand shall have a minimum three-foot wide unobstructed aisle running the length of the stand, inside and behind the counter.
(d) Temporary stands shall not be located in residential areas or be placed within 150 feet of any residence, or within 100 feet of other temporary stands, LP Gas, flammable liquid or gas storage and dispensing units.
(e) If the temporary stand is used for the overnight storage of fireworks, it shall be equipped with suitable locking devices to prevent unauthorized entry.
(f) A temporary stand shall be removed within 3 days after the sales period has ended as provided in this ordinance.
(g) All wiring, lighting and electrical equipment shall be approved by the fire chief or his/her designee.
(h) Parking shall be designated areas, a minimum of 20 feet from the temporary stands.
(Ord. 1347; Code 2014)
Fireworks may be sold on or between July 1 and July 4 during the times set below:
July 1 9:00 a.m. to 10:00 p.m.
July 2 9:00 a.m. to 10:00 p.m.
July 3 9:00 a.m. to 10:00 p.m.
July 4 9:00 a.m. to midnight.
(Ord. 1347; Code 2014; Ord. 1411)
Fireworks may be discharged on the following dates and times:
July 1 9:00 a.m. to 10:00 p.m.
July 2 9:00 a.m. to 10:00 p.m.
July 3 9:00 a.m. to 10:00 p.m.
July 4 9:00 a.m. to midnight.
(Ord. 1347; Code 2014; Ord. 1411)
(a) A person shall not ignite or discharge fireworks within 1,000 feet of any hospital, sanitarium or infirmary; into, under or on a car or vehicle, whether moving or standing still; or on a public roadway or the right-of-way adjoining a public roadway. Fireworks shall not be discharged within 50 feet of any retail fireworks stand or facility where fireworks are stored.
(b) It shall be unlawful to discharge any fireworks within 100 feet of temporary stands, LPG, flammable liquid, or gas storage and dispensing units.
(c) It shall be unlawful to discharge any fireworks within 20 feet of any residence dwelling or other structure.
(d) It shall be unlawful to discharge fireworks upon City property or upon public grounds without either the written approval of the City or the discharge of fireworks within city owned areas that may be designated as “open to the public” from time to time.
(e) It shall be unlawful to discharge fireworks at any time other than that allowed in Section XI of this ordinance.
(f) 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.
(Ord. 1347; Code 2014)
(a) Banning fireworks. The Chief of the Marion Fire Department/Marion City Council shall have the authority and discretion to ban the discharge of all fireworks within the corporate limits of the City of Marion if the weather conditions make discharge of fireworks in the City hazardous to persons or property.
(b) Trash disposal. Any and all parties shall be responsible for the pickup of all trash or debris caused by their discharge of fireworks. All trash or debris shall be picked up and removed from all public property by 12:00 p.m., July 5.
(Ord. 1347; Code 2014)