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.
(Ord. 542; Code 2013)
That no person, firm or corporation shall sell at retail, fireworks of any kind, before the 27th day of June or after the 4th day of July in each year.
(a) No person, firm or corporation shall sell fireworks without first obtaining a fireworks permit from the City of Plains, Kansas. The annual fee shall be $150.00, except non-profit organizations will be exempt from such fee.
(b) No fireworks of any kind shall be sold within the corporate limits of the City of Plains, Kansas, before the hour of 10:00 o’clock a.m. and not later than 10:00 o’clock p.m., except on the 3rd and 4th day of July in each year, no fireworks of any kind shall be sold within the corporate limits of the City of Plains, Kansas, before the hour of 10:00 o’clock a.m. and no later than 12:00 o’clock midnight.
(c) Fireworks stands are subject to inspection at any time by the City of Plains Fire Chief or any law enforcement officer.
(d) All firework stands shall have a sign posted reading “FIREWORKS -NO SMOKING KEEP OPEN FLAMES A WAY.”
(e) Fire extinguishers are required or a charged water hose with nozzle end within fifteen feet (15’) of fireworks stand.
(f) No fireworks shall be stored, kept, sold, or discharged within one hundred feet (100’) of any gas pump or volatile liquids.
(g) No discharge of any fireworks within one hundred feet (100’) of any stand or building.
(h) All fireworks stands shall be supervised by a person 21 years of age or older.
(i) No sale of fireworks upon city property at any time unless prior approval thereof is obtained from the governing body of the City of Plains, Kansas.
(j) NO alcoholic or cereal malt beverages may be sold or consumed at a permit location.
(k) Any fireworks permit may be revoked by the Fire Chief, or any law enforcement official, of the City of Plains, Kansas, upon violation of any part or portion of this section.
(Ord. 542; Code 2013)
(a) No discharging of fireworks within one thousand feet (1,000’) of any hospital, sanitarium, infirmary or nursing home.
(b) No discharging of fireworks within one hundred feet (100’) feet of any gas station, or
(c) No discharging of fireworks upon any alley.
(d) No throwing of fireworks from a vehicle whether moving or standing still.
(e) No discharging of fireworks between the hours of 11:00 o’clock p.m. and 10:00 o’clock a.m., with the exception of July 3rd and 4th when fireworks can be discharged from 10:00 o’clock a.m. until midnight.
(f) No throwing or discharging of fireworks in an unsafe manner or causing apprehension or possible injury to another person or animal.
(g) No person, firm or corporation shall have in their possession bottle rockets nor shall be allowed to discharge them.
(h) No fireworks shall be discharged by individuals within the corporate limits of the City of Plains, Kansas, before the 27th of June, or after the 5th of July in each year.
(i) Any debris or remains resulting from the discharge of fireworks as authorized herein shall be immediately picked up and properly disposed of by the individual(s) discharging such fireworks.
(Ord. 542; Code 2013)
Fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this article shall be subject to seizure by the Fire Chief of the City of Plains, Kansas, or any law enforcement official.
(Ord. 542; Code 2013)
Notwithstanding the foregoing, the sale and discharge of fireworks may, at any time, in any given year, be prohibited of by the Mayor of the City of Plains, Kansas, upon approval of the council, by the issuance of a proclamation proclaiming such prohibition based upon unseasonable dry weather or other conditions creating a danger to the public.
(Ord. 542; Code 2013)