(a)   Firework - means any composition or device manufactured or used for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation but does not include model rockets, toy pistol caps, emergency signal flares, legally obtained and transferred commercial explosives by licensed individuals and ammunition and commercially available loading powders and products used as ammunition, snakes or glow worms, party poppers, wire sparklers under 36 inches in length, and matches.

(b)   Permanent Structure - means a non-movable building, securely attached to a foundation, housing a business licensed to sale merchandise in addition to fireworks.

(c)   Retail Sales Locations - means both permanent structures and temporary stands where fireworks are sold.

(d)   Temporary Stand - means a nonpermanent structure used exclusively for the sale of fireworks.

(Ord. 1130, Sec. 1; Code 2016)

(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 in the City of Hillsboro, Kansas City, 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 Kansas Statute Annotated 31-134 these rules and regulations are made available for general distribution upon request to the state fire marshal’s office.

(c)   This article specifically recognizes L. 2013, ch. 108, §5, as amended (previously K.S.A. 31-155) and such is reprinted here to avoid misunderstanding:

L. 2013, ch. 108, §5. Bottle rockets; sale or use prohibited; exceptions.

(a)   Except as provided in subsection (c):

(1)   It shall be unlawful to sell, offer to sell, or to possess with intent to sell or offer for sale a bottle rocket; and

(2)   it shall be unlawful to ignite, fire, set off or otherwise use a bottle rocket.

(b)   Any person violating the provisions of subsection (a) shall be guilty of an unclassified misdemeanor punishable by a fine of not more than $100.

(c)   The provisions of this section shall not prohibit the possession, transportation or sale of bottle rockets within Kansas by a person that is currently registered with the state fire marshal pursuant to section 6 (L. 2013, ch. 108, §6), and amendments thereto, to another currently registered person or to a non-registered person provided the non-registered purchaser submits a certification for resale outside the state of Kansas to the registered seller on a form prescribed by the state fire marshal. The registered seller shall send the certification to the office of the state fire marshal and maintain a copy of the certification for one year from the date of sale.

(d)   “Bottle rocket” means any pyrotechnic device which:

(1)   Is classified as a class C explosive by the United States department of transportation under 49 C.F.R. § 173.53 (1990);

(2)   is mounted on a stick or wire; and

(3)   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.

(Ord. 1130, Sec. 2; Code 2016)

(a)   In addition to the information required by 7-405, 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 $200,000 and property damage coverage in the minimum amount of $200,000 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 Chapter. A $100.00 fee shall apply to defray the costs of inspection and monitoring.

(Ord. 1130, Sec. 3; Code 2016)

Prior to any sale of fireworks under this article the site shall be inspected by the fire chief or his or her designee. 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. 1130, Sec. 4; Code 2016)

(a)   Licenses issued pursuant to this article 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. 1130, Sec. 5; Code 2016)

(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)   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.

(c)   Storage of fireworks for sale shall not be located in residential areas.

(d)   Smoking shall not be permitted within 50 feet of any fireworks, either on display for retail sale or being stored. “Smoking prohibited within 50 feet” or similarly worded signs shall be conspicuously posted at all sales and storage locations.

(e)   A sign, clearly visible to the general public, shall be posted at all fireworks sales locations, indicating the legal dates for discharge of fireworks as set forth in this Chapter.

(f)   All retail sales locations shall be equipped with an approved portable fire extinguisher having a combined rating of at least 2A 10BC.

(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 provision.

(i)    All fireworks retailers shall be licensed as set out above and shall be inspected prior to any sales.

(Ord. 1130, Sec. 6; Code 2016)

Display of fireworks inside permanent structures shall be subject to the following restrictions.

(a)   Display of fireworks for sale must be constantly attended by a sales person.

(b)   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.

(c)   Fireworks shall be stored, handled, displayed and sold only as packaged units inside permanent structures.

(Ord. 1130, Sec. 7; Code 2016)

(1)   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 Article.

(g)   All wiring, lighting, and electrical equipment shall be approved by the fire chief or his/her designee.

(h)   Parking shall be in designated areas, a minimum of 20 feet from the temporary stands.

(Ord. 1130, Sec. 8; Code 2016)

Fireworks sold or offered for sale in violation of this Chapter may be seized, stored as evidence, and destroyed at the expense of the person or business in possession of the unlawful fireworks and if the person or business is licensed to sell fireworks pursuant to this article then the license shall be suspended or revoked.

(Ord. 1130, Sec. 9; Code 2016)

Fireworks may be sold on or between June 27th and July 5th.

(Ord. 1130, Sec. 10; Code 2016)

(a)   Fireworks may be discharged on July 1, 2, and 3 between the hours of 10:00 A.M. and 11:00 P.M.; on July 4 between the hours of 10:00 A.M. and 12:00 A.M.; and between the hours of 10:00 A.M. on December 31 and 1:00 AM. on January 1.

(b)   Certain city-wide celebrations and community events may be exempted from this section by majority vote of the governing body of the City. In the event of exemption, such may be granted with time, place and manner restrictions as deemed advisable by said governing body, the City Police and the City Fire Chief.

(Ord. 1130, Sec. 11; Code 2016)

(a)   It shall be unlawful to discharge any fireworks within 100 feet of temporary stands, LPG, flammable liquid, or gas storage and dispensing units.

(b)   It shall be unlawful to discharge any fireworks within 20 feet of any residence, dwelling or other structure.

(c)   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.

(d)   It shall be unlawful to discharge fireworks at any time other than that allowed in 7-411.

(e)   Due to the inherent risk of fire during exceedingly dry weather patterns, the City reserves the right to ban the discharge of fireworks within the city limits by resolution when necessary.

(Ord. 1130, Sec. 12; Code 2016)

(a)   Two functioning and approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all permanent buildings where fireworks are stored, sold or displayed for sale.

(b)   Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have one such fire extinguisher, or in lieu of the fire extinguisher, a pressurized water hose with nozzle end within five feet of the fireworks stand.

(Code 2016)

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.

(Code 2016)

The chief of the fire department is 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 2016)