CHAPTER X. FIRE PREVENTIONCHAPTER X. FIRE PREVENTION\ARTICLE 6. FIREWORKS

For purposes of this article, the term fireworks shall mean those items as defined under the rules and regulations of the Kansas state fire marshal as class C fireworks and as common fireworks.

(Ord. 4226, Sec. 1)

(a)   Except as otherwise permitted pursuant to 10-603:605, it shall be unlawful for any person to possess, sell, display for sale, fire, discharge or explode any fireworks within the city limits.

(b)   Nothing in this article shall be construed as applying to:

(1)   Toy smoke devices defined as smoke balls, or tubes containing a pyrotechnic mixture which upon ignition produces a visible cloud of smoke;

(2)   Toy paper or plastic caps containing not more than .25 of a grain of explosive composition per cap; or toy or cap pistols or any like device designed to discharge such paper or plastic cap; or sparklers;

(3)   The manufacture, storage, sale or authorized use of signals necessary for the sale operation of railroads or other classes of public or private transportation;

(4)   The military forces of the United States or of this state while in the performance of official duty;

(5)   Law enforcement officers while in the performance of official duty;

(6)   The sale or use of blank cartridges for ceremonial, theatrical or athletic events;

(7)   The firing of sky rockets or missiles when produced by a science class of any school, and when under the supervision of a science instructor, and when the place and time of such firing has been approved by the Newton Fire Chief; or

(8)   The possession only of fireworks in sealed packaging or containers whereby individual items of fireworks are not immediately useable; provided, however, that this exception shall not apply as to any location where other fireworks are being possessed or discharged in violation of this article.

(Ord. 4226, Sec. 2)

(a)   Subject to the conditions hereinafter set forth the possession and discharge of fireworks which are included as “Class C fireworks” and as “common fireworks” under the rules and regulations of the Kansas state fire marshal shall be permitted on such days and during such hours on such days as the governing body of the City of Newton shall designate from time to time by duly adopted ordinances having reference to these provisions of this code.

(b)   Unless otherwise provided under the terms of an ordinance adopted in reference to subsection (a) above to establish days and hours for the permitted discharge of fireworks, the discharge of any such permitted fireworks shall be done only on private property with the permission of the owner or lawful occupant thereof; provided, however, that in no event may any fireworks be discharged in any of the following locations:

(1)   Within 1,000 feet of any hospital, sanitarium or infirmary, or of any residential or in-patient nursing or retirement home facility;

(2)   Within 50 feet of any retail fireworks stand or facility where fireworks are stored;

(3)   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; or

(4)   In, into, under or on any motor vehicle, nor may any fireworks be thrown from any motor vehicle.

(c)   Subject to the conditions set forth in this section, and pursuant to the provisions of subsection (a), the possession and discharge of fireworks which are included as "class C fireworks" and as "common fireworks" under the rules and regulations of the Kansas state fire marshal shall be permitted between the hours of 10:00 o'clock a.m. to 10:00 o'clock p.m. on the days of June 29, 2014 through July 3, 2014, and shall be permitted between the hours of 7:00 o’clock a.m. to 12:00 o’clock midnight on July 4, 2014.

(Ord. 4226, Sec. 3; Ord. 4846-14, Sec. 1)

(a)   Subject to the conditions hereinafter set forth, the retail sale of fireworks described in 16-603(a) shall be permitted on such days and during such hours on such days as the governing body of the City of Newton shall designate from time to time by duly adopted ordinances having reference to these provisions of this ordinance (hereinafter referred to as “the permitted sale period”) by persons holding a valid, unrevoked permit issued pursuant to the provisions of this section.

(b)   The city clerk is authorized to issue permits for the retail sale of fireworks permitted under this section. No permit shall be approved unless the applicant furnishes the following with the permit application:

(1)   A permit application fee and a performance bond in the form of a cash deposit with the city clerk in such amounts as prescribed from time to time by the governing body of the City of Newton by duly adopted ordinances having reference to these provisions of this article, any such performance bond being refundable according to the conditions set forth in subsection (d) below;

(2)   The name of the applicant and, if the applicant is a person, the person’s residential address, or, if the applicant is a corporation or other legal entity, the business address of such corporation or entity and the name and residential address of a responsible officer or manager on such corporation or entity’s behalf;

(3)   A description of the location where such sales activities are to be conducted and the name and address of the owner thereof; and

(4)   Proof that the applicant holds a policy or policies of public liability insurance coverage for such retail sales activities at such location for the permitted sale period, which policy or policies are issued by an insurance company or companies authorized to do business in the State of Kansas, and which said policy or policies provide coverage in the following minimum amounts: $500,000 for injuries or damages to any one person in one accident or occurrence; $1,000,000 for injuries to two or more persons in anyone accident or occurrence; and $1,000,000 combined single limit coverage for anyone accident or occurrence.

(c)   All permits issued under the authority of this section shall be subject to the following limitations and conditions:

(1)   A separate permit shall be required for each separate location where fireworks are to be sold by any applicant. .

(2)   No permit shall be issued for the permitted sale period of any calendar year prior to January 1 of such calendar year, and each permit shall be valid only for the permitted sale period of the calendar year of issuance.

(3)   Permits may be issued only for locations that are located within a C-1, C-2, C-3, I-1 or I-2 zoning classification; subject, however, to the additional requirement that no structure or location for the sale of fireworks shall be located closer than twenty (20) feet from any other building or structure.

(4)   No sales activities shall be conducted under any such permit unless the sales facility complies with all rules and regulations of the State fire marshal applicable to fireworks stands, and all sales activities shall at all times during the term of the permit be conducted in conformance with those rules and regulations.

(5)   At no time may any fireworks be present, be offered for sale or be sold at any permitted sales location except those which are described in subsection (a) of Section 10-603.

(6)   Within 24 hours after the expiration of the permitted sale period the permit holder shall cause the permitted sales location to be cleaned and cleared of all debris, and within 15 days after the expiration of the permitted sale period the permit holder shall cause all temporary fireworks stands, tents and other temporary sales facilities to be removed from the permitted sales location unless the applicant demonstrates some other lawful, continued use to be made of such facilities.

(d)   If the city clerk is satisfied after expiration of the permitted sale period that the permit holder has complied with all of the conditions, limitations and requirements of this article, and upon request therefor, the city clerk shall refund to the permit holder the performance bond deposited pursuant to subsection (b)(1) above. If the permit holder is aggrieved by any decision of the city clerk to refuse such refund, the permit holder may appeal that decision to the Newton City Commission who shall conduct a hearing thereon within 30 days of receipt by the city clerk of the permit holder’s written notice of appeal. The city commission may continue such hearing from time to time as necessary to receive evidence and properly consider the matter; provided, however, that failure to decide such appeal within 60 days after receipt of such notice of appeal shall constitute a denial of the appeal.

(e)   Subject to the conditions set forth in this section, and pursuant to the provisions of subsection (a), the retail sale of fireworks which are included as "class C fireworks" and as "common fireworks" under the rules and regulations of the Kansas state fire marshal shall be permitted between the hours of 10:00 o'clock a.m. to 10:00 o'clock p.m. on the days of June 29, 2014, through July 3, 2014, and shall be permitted between the hours of 7:00 o’clock a.m. to 12:00 o’clock midnight on July 4, 2014, by persons holding a valid, unrevoked permit issued pursuant to the provisions of this section.  The permit application fee for such permitted sale period shall be in the amount of $2,500.00 and the performance bond shall be in the amount of $1,000.00.

(Ord. 4226, Sec. 4; Ord. 4246-98, Sec. 3; Ord. 4846-14, Sec. 2)

(a)   The city manager, or his or her authorized agent, is authorized to issue permits 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 and conducted so as not to be a fire hazard or endanger persons or surrounding property.

(b)   It shall be unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained a permit thereof issued under the authority of this article.

(c)   No permit shall be approved unless the applicant furnishes a proof that the applicant holds a policy or policies of public liability insurance coverage for the display in the following minimum amounts: $500,000 for injuries or damages to anyone person in one accident or occurrence; $1,000,000 for injuries to two or more persons in any one accident or occurrence; and $1,000,000 combined single limit coverage for any one accident or occurrence. Such policy or policies must be issued by an insurance company or companies authorized to do business in the State of Kansas.

(d)   The application for the permit shall clearly state:

(1)   The name of the applicant.

(2)   The group or organization for which the display is planned.

(3)   The name, address and telephone number of the person designated as the agent of the group or organization as to all matters pertaining to the permit.

(4)   The date, time and location 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)   Any anticipated need for police, fire or other municipal services.

(e)   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.

(f)   The city manager, or his or her authorized agent, shall have the authority to revoke the permit or to prohibit all or any portion of any such public display if, in his or her opinion and under the circumstances then existing, an undue hazard or risk of harm or damage to persons or property exists or is being created.

(Ord. 4226, Sec. 5)

The chiefs of the fire and police departments, and their authorized agents, may seize and confiscate all fireworks which may be possessed or used in violation of any section of this article, or in violation of any of the rules of the state fire marshal. All such confiscated fireworks shall be disposed of in any manner as approved by the state fire marshal. The chiefs of the fire and police departments shall also have authority to revoke any permits issued for the retail sale of fireworks or for the public display of fireworks by virtue of any violations of the provisions of this article.

(Ord. 4226, Sec. 6)

In addition to the other regulations and requirements applicable to the sale of fireworks in this article, each permit holder shall be required to post in conspicuous portions of the sales premises in open public view not less than five signs to be provided by the City Clerk which advise of the permissible dates of fireworks discharge within the Newton city limits, and which advise of such other rules and regulations established by law as the City Manager shall deem advisable.

(Ord. 4756, Sec. 3; Code 2014; Ord. 4846-14, Sec. 3)