Chapter 7 · Fire

Article 3. Fireworks

Sections 7-301 to 7-309 · 9 sections

7-301 Fireworks defined.

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 2022)

7-302 Fireworks prohibited.

(a)Except as provided in sections 7-303:306; it shall be unlawful for any person to keep, store, display for sale, fire, discharge or explode any fireworks.

(b)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.

(Code 2022)

7-303 Discharge of fireworks.

In the city between the hours of 10:00 a.m. to 10:00 p.m. from June 27 through July 3, inclusive, and from 10:00 a.m. until 11:00 p.m. on July 4, the discharge of fireworks shall be allowed provided they are discharged only on property owned by the user of such devices, or owned by a member of such user’s family or in such public area as may be designated by the Garden Plain city council.

(Ord. 513; Ord. 689; Code 2022; Ord. 771)

7-304 Sale of fireworks.

In the city between the hours of 10:00 a.m. to 10:00 p.m. from June 27 through July 3, inclusive and from 10:00 a.m. to 8:00 p.m. on July 4, the sale of fireworks shall be allowed, subject to the conditions and limitations provided herein.

(K.A.R. 22-6-5; Ord. 513; Ord. 689; Code 2022; Ord. 771)

7-305 Permit for sale of fireworks required; fee; issuance.

(a)It shall be unlawful for any person to sell, display for sale, offer to sell or give away any type of fireworks within the City of Garden Plain without first obtaining a permit from the City Clerk of the City of Garden Plain. Applications for permits to sell at retail those items permitted for retail sale under this article shall be made to the city clerk in writing at least 10 working days in advance of the date sales are to commence in the event such retail sales outlet is a temporary sales operation. No permits shall be granted by the city clerk prior to June 24th of the year in which the items will be sold pursuant to such permit and the hours of sale will be restricted from 10:00 a.m. to 10:00 p.m. from June 29th through July 3, inclusive, and from 10:00 a.m. to 8:00 p.m. on July 4^th. The City shall receive a permit fee of $2,000.00 per permit issued.

(b)Before a permit to sell fireworks may be issued, each vendor shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $500,000 per occurrence, with the City of Garden Plain, Kansas named as an additional insured, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by vendor upon less than thirty days notice.

(c)In addition, each vendor shall obtain a policy of product liability insurance for a minimum coverage of $500,000 per occurrence for products sold and/or stored within the City by the vendor and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by the vendor upon less than thirty days notice.

(d)The Garden Plain Chamber of Commerce is hereby exempted from the firework permit fee for the annual city-wide 4th of July fireworks celebration.

(Ord. 513; Ord. 689; Code 2022)

7-306 Sales location.

Anyone desiring to sell, at retail, any of those items permitted as set out in this article, shall comply with the requirements of this section before initiating such sales and shall comply with the zoning regulations of the City of Garden Plain. In the event that the sales location for such items is not a permanent sales location, such as a tent or shed, said temporary sales location will be inspected by and subject to standards imposed by the Sedgwick County Fire Marshal. The Sedgwick County Fire Marshal inspection receipt shall be conspicuously posted on the premises. At such locations, the operators thereof will display posted signs noting the legality associated with the sale, transportation and the use of fireworks in Wichita, Kansas, Sedgwick County, Kansas, and outside Sedgwick County, Kansas; and, if housed in a tent, will be housed in a tent with material with flame retardancy certificate attached thereto, and available for inspection; will appropriately protect any power extension cords extended to such site to avoid damage or abuse by the public or automobiles; will have at such site an appropriate a-b-c fire extinguisher; and will follow any additional state, county or local laws to which said operation is subject. In addition to the inspection by the Sedgwick County Kansas Fire Marshal, the Chief of Police of Garden Plain, Kansas or his designee, may inspect each site where such permitted items are sold at retail and may also insure compliance with the specific provisions of this section.

(Ord. 689; Code 2022)

7-307 Indemnification.

By applying for and accepting said permit by the commencement of sales, each vendor agrees that they shall at all times indemnify the City of Garden Plain, Kansas, its officials, agents and employees and shall save and hold them harmless from and against any and all claims, actions, damages, liability and expense, including but not limited to attorneys and other professional fees, in connection with the loss of life, personal injury and/or damage to property arising from or out of the storage, sales, discharge and/or transportation of fireworks by such vendor and vendor’s customers, contractors and agents.

(Ord. 689; Code 2022)

7-308 Discharge of fireworks; emergency conditions.

Upon the determination of the Mayor and based upon recommendations of the city staff, the discharge of fireworks may be limited, suspended or prohibited within the city limits of the City of Garden Plain, Kansas, even during those times generally permitted by ordinance. Such determination shall be made if it appears to the Mayor that the discharge of fireworks constitutes an immediate hazard to the safety of property or persons within the City of Garden Plain, Kansas. Such limitation, suspension or prohibition shall be by emergency proclamation signed by the Mayor, which shall be publicized and posted at the City of Garden Plain, Kansas. If thereafter circumstances occur which minimize or eliminate the hazardous condition resulting in such proclamation, the proclamation may be rescinded or modified by subsequent proclamation with similar posting. In the absence of the Mayor, the then serving President of the Council shall be empowered to issue such proclamation.

(Ord. 689; Code 2022)

7-309 Fine.

Any person convicted of violating this article may be punished by a fine not to exceed $200.00.

(Ord. 689; Code 2022)