The term “fireworks” shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of balloons which require fire underneath to propel same, firecrackers, torpedoes, skyrockets, Roman candles, Dayglo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound substance. Nothing in this article shall be construed as applying to toy paper caps containing not more than twenty-five hundredths (.25) of a grain of explosive composition per ca, 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, nor applying to the military or navy forces of the United 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.
(Ord. 860; Ord. 1618; Code 2021)
It shall be unlawful for any person, firm or corporation to sell at retail, or offer to sell at retail, deliver or give away to individuals any fireworks as defined in Section 7-301 except on June 27 through July 4 of any year.
(Ord. 860; Ord. 1618; Code 2021)
Any person, firm or corporation shall, prior to selling at retail, delivering or giving away to any individuals any fireworks as defined in Section 7-301, apply to the City Clerk of the City of Riley, Kansas, on or before June 1 of any year for a license permit to so operate from June 27 to July 4 of that year. No permit shall be issued for any location where retail sales are not permitted under the zoning code. Prior to the issuance of the permit, an inspection will be made of the applicant’s facility for compliance with fire and other pertinent codes. No permit shall be issued for any facility not in compliance with such codes. Upon qualifying for the permit, the licensee shall prominently display the same at the facility. A license fee in the amount of $25.00 shall be charged for each application. The fee shall not be refundable upon failure to qualify for the license or withdrawal or cancellation of the application or permit.
(Ord. 860; Ord. 1618; Code 2021)
It shall be unlawful for any person to discharge, fire or ignite any fireworks as defined in Section 7-301 except during the hours of 8:00 o’clock a.m. to 12:00 o’clock p.m. (midnight) on each day of the period June 27 through July 4 of any year, except for permits obtained under Section 7-305.
(Ord. 860; Ord. 1618; K.A.R. 22-6-5; Code 2021)
Any person, firm or corporation desiring to provide a firework display for the public or for organized groups shall obtain a permit to do so by making application at least thirty (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 $1,000,000, written by an insurance carrier licensed to do business in Kansas, conditioned as being non-cancellable except by ten (10) days advance written notice to the City of Riley, Kansas. 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:
(a) The name of the applicant.
(b) The group for which the display in planned.
(c) The location of the display.
(d) The date and time of the display.
(e) the nature or kind of fireworks to be used.
(f) The name of the person, firm or corporation that will make the actual discharge of the fireworks.
(g) Anticipated need for police, fire or other municipal services.
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 person or property.
(Ord. 860; Ord. 1618; Code 2021)
All fireworks offered for sale, and discharged within the City, shall be of a type that has been tested and approved for sale and use within the State of Kansas by the State Fire Marshall, provided, however, that 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 of Riley, Kansas.
(Ord. 860; Ord. 1618; Code 2021)
It shall be unlawful for any person to discharge, ignite or fire any fireworks upon the public streets, alleys or avenues or in any park or public place within the City.
(Ord. 860; Ord. 1618; Code 2021)
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 person or group of persons, or from, in the direction of or into any vehicle of any kind.
(Ord. 860; Ord. 1618; Code 2021)
Fireworks shall not be sold or kept for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept in unbroken containers, unless in a separate and distinct section or department of the store. Where the Fire Chief deems there is a fire hazard, he is hereby authorized to have such hazard abated.
(Ord. 860; Ord. 1618; Code 2021)
All retailers are forbidden to expose fireworks where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package, and all fireworks kept on sale on front counters must remain in original packages, except where an attendant is on constant duty at all times at counters where such fireworks are on display; provided that fireworks in open stock may be kept in show cases or counters out of the reach of the public without an attendant being on duty. Signs reading “Fireworks for Sale-No Smoking Allowed” shall be displayed in the section of the store set aside for the sale of fireworks.
(Ord. 860; Ord. 1618; Code 2021)
Two (2) approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all buildings where fireworks are sold. Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have a fire extinguisher, or in lieu of the fire extinguisher, a barrel of water with at least two (2) buckets or a loaded water hose with nozzle and within five feet (5’) of the fireworks stand.
(Ord. 860; Ord. 1618; Code 2021)
It shall be unlawful to store, keep, sell, display for sale 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.
(Ord. 860; Ord. 1618; Code 2021)
Any person violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding One Hundred Dollars ($100.00) or be imprisoned not to exceed thirty (30) days or be both so fined and imprisoned.
(Ord. 860; Ord. 1618; Code 2021)