For the purpose of this article, the words and phrases used herein shall have the following meanings unless otherwise clearly indicated by the context:
(a) Fireworks - shall mean and include any combustible and deflagrating composition, article, or device suitable for use of the public for producing a visible or audible effect by combustion, deflagration, or by detonation and previously approved by the chemical laboratory of the United States Department of Transportation, by the Kansas State Fire Marshal*s Office and by the Augusta Department of Safety. The following devices are not classified as common fireworks by the U.S. Department of Transportation but are generically known as novelties, tricks and noisemakers, including but not limited to, the following items; snakes or glow worms, tubs or spheres that upon ignition produce white or colored smoke as the primary effect, wire sparklers not containing magnesium and not exceeding one hundred grains of composition material per sparkler, and the following noise maker devices that produce a small report, including what is commonly known as a party popper, booby trap, snapper, trick match, cigarette load, and auto burglar alarm not exceeding .25 grains of explosive material. This term shall not include any auto flares, paper caps not in excess of an average of .25 grains of explosive per cap, toy pistols, cannons and guns or other devices for the use of such caps.
(b) Prohibited fireworks - shall mean and include any combustible or deflagration device other than Interstate Commerce Commission Class “C” fireworks not approved for sale within the State of Kansas by the Kansas State Fire Marshal or by the Department of Public Safety. The following shall be unlawful fireworks within the City of Augusta; firecrackers greater than one and one-half inch in length, torpedoes, sky rockets, and bottle rockets as defined by the State Fire Marshal, and any other fireworks deemed to pose an unusual risk or hazard to the health and welfare of the City of Augusta, but only after conducting actual field test of such items.
(Ord. 1773, Sec. 1; Code 2010)
It shall be unlawful for any person, firm, corporation or partnership to discharge fireworks within the limits of the city except as permitted by this article. The discharge of lawful fireworks will be permitted on January 1 between 12:00 midnight and 12:15 a.m. and on July 3 between the hours of 8:00 a.m. and 12:00 midnight and on July 4 between the hours of 8:00 a.m. and 12:00 midnight. The discharge of fireworks will be allowed on private property but there shall be no discharge of fireworks on city property unless a permit is granted by city for such discharge. In addition, it shall be unlawful to commit any of the following acts within the City of Augusta:
(a) The discharge of fireworks within 1,000 feet of any hospital, sanitarium or infirmary;
(b) The discharge of fireworks into, under or from any motor vehicle, whether moving or standing still;
(c) The discharge of fireworks within 200 feet of any facility where fireworks are sold or stored;
(d) The discharge of fireworks within 300 feet of a service station;
(e) The discharge of fireworks on any public roadway, street or right of way;
(f) The discharge of fireworks in any manner which may pose an unreasonable risk of fire, property damage or personal injury;
(g) The discharge of fireworks on private property not owned or under the legal control of the person discharging the fireworks unless the person is a social invitee and has permission of the owner to discharge the fireworks;
(h) The discharge of fireworks toward any residence, commercial building or other structure whether intended or not.
(Ord. 1965, Sec. 1; Code 2010; Ord. 2119; Code 2020)
It shall be unlawful for any person, firm, corporation or partnership to provide a public fireworks display within the limits of the city without first obtaining a permit to do so. An application for a public display permit can be obtained from the City Clerk and should be filed at least thirty (30) days in advance of the date of the proposed display. The application shall clearly state the name of the applicant, the location, date and time of display, the nature of the fireworks used in the display, the name of the person, firm or corporation who will be in charge of the detonation of the fireworks, and the anticipated need for police, fire or other municipal services. The permit may be denied if it is determined that the nature of the fireworks or other relevant, factors create an undue, risk of harm or damage to persons or property.
(Ord. 1773, Sec. 1; Code 2010)
(a) Except as otherwise provided in this Article, it shall be unlawful for any person, firm, corporation or partnership to manufacture or assemble fireworks within the city. It shall also be unlawful for any person, firm, corporation or partnership to store, possess or offer for sale fireworks within the limits of the city.
(b) Except as otherwise provided, no entity may store fireworks within the city without the express written approval of city. Any requests for storage must be submitted in writing and investigated by the Department of Public Safety. The results of the investigation by the Department of Public Safety shall be submitted to the City Manager for his determination as to whether the request will be granted.
(c) The sale and storage of approved fireworks within the city as authorized under this Article shall be conducted and transacted only by licensed persons and entities under such regulations and at such times and places as provided in this Article.
(d) The sale of approved fireworks will be permitted on the dates of June 28 through July 4 of each year between the hours of 9:00 a.m. and 10:00 p.m. on July 28 through July 3 and between 9:00 a.m. and 11:00 p.m. on July 4 by licensed persons or entities. Any persons, partnership, corporation or other entity may apply to the City Clerk for a license to sell fireworks by filing an application stating the name of the applicant, the proposed locations of sale and attaching to the application written approval for the use of the proposed site and a certificate of insurance as required herein. Attached to the application shall be site plan, which shall consist of a drawing of the proposed location. Indicated on this drawing shall be the property lines, and the proposed location of the sales site. The distance between the property lines and the safes site shall be indicated. A minimum of 25 ft set back shall be maintained from the side property lines. Unless said property falls within restrictions of locations of buildings specified under General Requirements for Sale, Storage and Testing of Fireworks, Section 1, Requirements for the Sale of Fireworks and where two adjacent properties exist, both of which are properly zoned the minimum set back from said property line shall be 75 feet. If upon inspection, the sales site is found to be different from indicated on the site plan, the permit shall not be issued. All permits will be issued in order received by the City of Augusta. The permit application and all required documents will be returned to the City Clerk. Once received, the City Clerk shall submit the application to the Director of Public Safety. The Directory of Public Safety or his/her designee will review the applications and the site plan for compliance with this article. The Director of Safety will submit a report to the City Clerk with the recommendation to either approve or deny the application. Before the actual sale of fireworks can commence, the Director of Public Safety or his/her designee shall conduct an inspection of the sales site. This inspection shall be conducted after all stock is in place and the site is ready for business. Such license shall be issued to a specific person or entity at a specific site and such license shall not be transferable. The fee for such license shall be established from time to time by Resolution of the Governing Body of the City of Augusta, Kansas and must be submitted with the application by cashier’s check or money order. Such license shall be available at the authorized site for inspection at all times the sale of fireworks is being conducted.
(e) In addition to the license fee, any licensee will be required to make a security deposit in the sum of Two Thousand Five Hundred Dollars ($2,500.00) at the time of the granting of the license to sell fireworks. The security deposit must be in the form of a cashier’s check or money order. The security deposit will be held by City until such time as the site used for the sale of fireworks can be inspected to determine if the tent or other temporary structure and other material and debris have been properly removed from the site. Should the licensee fail to clean the site on or before July 10 or if any other act on the part of the licensee causes expense to the City, then a deduction from the security deposit equaling the expenditures of the City may be made by City and the balance, if any, returned to licensee.
(f) The City Manager may from time-to-time, promulgate with approval of the City Council certain regulations for operation and maintenance of the sites for sale of fireworks. Such regulations shall be distributed with each license to sell fireworks. These regulations shall be enforceable against all persons, employees and agents of the licensee of each site for the sale of fireworks. Failure to follow such regulations shall constitute a violation of this article.
(g) Any fireworks that remain unused after the sale of fireworks shall be immediately disposed of in a safe manner for the type of fireworks involved.
(Ord. 1773, Sec. 1; Ord. 1804, Sec. 1; Code 2010; Ord. 2038; Code 2020)
The Department of Public Safety is authorized to seize, take and remove any fireworks stored within the city without permit at the expense of the person in possession of such fireworks. Any seized fireworks shall be disposed of in a procedure provided by the State Fire Marshal.
(Ord. 1773, Sec. 1; Code 2010)
(a) Any person, firm, corporation or partnership applying for a permit for a public display of fireworks must provide evidence or a certificate of insurance in an amount not less than $500,000.00 currently in force to the City Clerk along with the application for the permit. Failure to provide the certificate to the City Clerk may result in a permit being denied. Any permits issued by the city under this article will be subject to immediate revocation at any time it is determined that insurance coverage is not in force as required above.
(b) All licensees for retail sales of approved fireworks shall furnish a copy of or certificate of insurance in the amount of not less than $500,000.00 for the payment of all damages which may result to persons or property caused by any act or omission of licensee or its employees or agents regarding the retail sale of fireworks in the city. Failure to provide the certificate of insurance upon request by the City Clerk or City Manager may result in a license being terminated.
(Ord. 1773, Sec. 1; Code 2010)
(a) Whenever the city has issued a public display permit or license to sell fireworks at retail under the provisions of this article and it is determined by the Department of Public Safety that the permitted function is in violation of this article or is operating in an unsafe manner, the Department of Public Safety shall immediately report the violation to the City Manager who shall determine whether to terminate the operations or permanently cancel the permit or license involved.
(b) If a permit or license shall be terminated by the City Manager under this section, the permittee or licensee shall have a right to appeal the decision to terminate to the City Council for review. The City Council shall consider the request for review at the next City Council meeting, whether regularly scheduled or specially called. The City Council shall then decide by majority vote whether to continue or terminate the permit or license in question. Upon review, the license shall remain terminated or suspended until considered by the City Council.
(Ord. 1773, Sec. 1; Code 2010)
At any time special circumstances exist including but not limited to a state wide ban on burning and/or fireworks detonation or any other circumstances which indicate the detonation of fireworks will create a public hazard, the time, place and manner of detonation of fireworks may be altered or suspended by the City Manager.
(Ord. 1773, Sec. 1; Code 2010)
Nothing in this article shall prohibit the use of fireworks by railroads or other public transportation companies or agencies for signal or illumination purposes. The sale or use of blank pistol cartridges for any commercial, theater or entertainment, for signal or ceremonial purposes at athletic or sporting contests or the use of fireworks or similar devices by military, law enforcement or fire service agencies shall not constitute a violation of this article.
(Ord. 1773, Sec. 1; Code 2010)
The Department of Public Safety shall set up testing procedures for use in determining whether certain fireworks allowed to be discharged within the City of Augusta comply with requirements of this article and regulations approved by the City Council. The results of such testing will be made known to the City Manager who will in turn take appropriate action under the terms of this article.
(Ord. 1773, Sec. 1; Code 2010)
Any person, firm, corporation or partnership who violates the provisions of this article may be fined in an amount not less than $50.00 nor more than $1,000.00 for each occurrence.
(Ord. 1773, Sec. 1; Code 2010)