The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fireworks.

(1) The term "fireworks" means any combustible or explosive composition, or any substance or combination of substances, or device 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, firecrackers, torpedoes, sky rockets, Roman candles, Daygo bombs, sparklers or other devices of like construction and any device containing an explosive substance.

(2) The term "fireworks" does not include the following:

a. Toy caps which do not contain more than one quarter grain of explosive compound per cap or devices in which such caps are used;

b. Highway flares, railway flares or fuses, ship distress signals, smoke candles, or other emergency signal devices; or

c. Firearm ammunition.

Qualified civil group or organization means any governmental entity, homeowners' association, neighborhood association, group of homeowners which comprise a majority of the residences within 1,000 feet of the location of the display, and similar groups maintaining a neighborhood or civic purpose.

(Res. No. 66-88, art. 3, § I, 7-28-1988)

Cross reference— Definitions and rules of construction, § 1-2.

(a) The offering for sale, exposing for sale, or selling at retail of fireworks shall be a public offense, punishable upon conviction by a fine in an amount not less than $500.00 and not more than $1,000.00. Any other violation of any provision of this division shall be a public offense, punishable upon conviction by a fine in an amount not less than $25.00 and not more than $100.00 for each offense.

(b) Each separate day that a violation exists or occurs shall be considered a separate violation, subject upon conviction to an additional and separate fine amount.

(Res. No. 66-88, art. 3, § VII, 7-28-1988; Res. No. 045-01, § 1, 6-28-2001)

State law reference— Authorized penalties for violation of county resolutions, K.S.A. 19-101d.

This division shall not apply to the use of any fireworks for agricultural, emergency, or railroad or transportation purposes, where that use is a part of the normal business operations of the user.

(Res. No. 66-88, art. 3, § VI, 7-28-1988)

No person shall store, offer for sale, expose for sale, sell at retail, use, explode, discharge or possess any fireworks, as defined in this division, within the unincorporated area of the county, except for permitted public displays, wholesale distribution outside the county, and permitted agricultural usage.

(Res. No. 66-88, art. 3, § II, 7-28-1988)

No person shall use any fireworks, as defined in this division, as part of or in a public exhibition or display of fireworks without first having obtained a permit, in the manner provided in division 2 of this article.

(Res. No. 66-88, art. 3, § III, 7-28-1988)

A permit for the public exhibition or display of fireworks shall be issued only upon satisfaction of the following qualifications:

(1) The person requesting the permit represents a qualified civic group or organization;

(2) The public exhibition or display of fireworks will be conducted as part of a holiday celebration, special event or activity, ceremony, or other occasion of similar nature; and

(3) The person conducting the public exhibition or display of fireworks has demonstrated knowledge and experience in the safe and proper storage, handling and firing of fireworks or related incendiary devices.

(Res. No. 66-88, art. 3, § IV, 7-28-1988)

Any public exhibition or display of fireworks conducted pursuant to a permit issued under this article shall be conducted in accordance with the following conditions:

(1) Fireworks shall be kept and stored, prior to firing, in a place and manner which is not hazardous to property or dangerous to any person;

(2) The exhibition or display shall be arranged so that the fireworks are to be fired at least 100 feet from the nearest building, nearest public roadway, and nearest point of location of any persons viewing the exhibition or display;

(3) Fireworks that fire a projectile into the air shall be directed in such manner that the projectile does not fire over or above any building structure or any persons viewing the exhibition or display, and the angle of the projectile shall be no more than 15 degrees from vertical;

(4) The persons firing the fireworks shall be at least 18 years of age, and there shall be at least two persons supervising the actual firing at all times during the display;

(5) At least two approved fire extinguishers shall be present at the site of the firing of the fireworks;

(6) The person conducting the exhibition or display shall have or provide liability insurance coverage which would apply to the display in an amount satisfactory to the county manager; and

(7) All unfired fireworks and fireworks residue remaining after the public exhibition or display shall be immediately disposed of in a manner safe for that type of fireworks and such that no hazardous or dangerous condition is created.

(Res. No. 66-88, art. 3, § V, 7-28-1988)

Secs. 50-76—50-83. - Reserved.