The term fireworks shall mean and include any combustible or explosive composition or any substance, or combination of substances or article prepared for the purpose of producing a visible or 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, any type of balloons which require fire underneath to propel the same, fire crackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers, other fireworks of like construction, or any fireworks containing any explosive or inflammable compound or any tablets or any device containing any explosive substance. Nothing in this article shall be construed as applying to toy paper caps and cap guns or to the manufacturer, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation or applying to the military or naval forces of the United States or of this state or to any peace officers, nor as prohibiting the sale and use of blank cartridges for ceremonial or theatrical or athletic events, nor as prohibiting the firing of skyrockets or missiles when produced by a science class of any school and when under the supervision of the science instructor, and when the place of firing the skyrocket or missile has been approved by the fire chief.

(a)   It shall be unlawful for any person, firm or corporation to possess, keep, store, display for sale, fire, discharge, or explode any fireworks within the City except as is provided in Section 7-303.

The Governing Body may in its discretion, grant permission at any time for the public display of fireworks by responsible individuals or organizations. Provided that such display shall be of such character and so located, discharged, and fired as shall not be hazardous to surrounding property or endanger any person or persons. A permit shall be obtained by making application at least 10 days in advance of the desired display. Approval of the permit shall be by the Governing Body. No permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $1,000,000, written by an insurance carrier licensed to do business in Kansas, conditioned, as being non-cancellable except by giving 10 days advance written notice to the City Clerk. In the event of cancellation of the insurance prior to the display, the permit shall automatically be revoked and void. The application for the permit shall clearly state:

(a)   The name of the applicant.

(b)   The group for which the display is.

(c)   The location of the display.

(d)   The date and time of the display.

(e)   The nature or kind of fireworks to be used.

(f)   The name of the person, firm, or corporation that will make the actual discharge of the fireworks.

(g)   Anticipated need for police, fire, or other municipal services.

(Code 2020)

The chief of the fire department is authorized to seize and confiscate all fireworks which may be kept, stored or used in violation of any section of this article, and all of the rules of the State Fire Marshall. Such fireworks shall be disposed of as directed by the Governing Body.

Any person, firm, corporation, association, or partnership who shall violate any provisions of this code hereby adopted or fail to comply with any order made there under, shall be guilty of: a misdemeanor, punishable by a fine of not less than $25 and nor more than $500 or by imprisonment for not more than 30 days or both such fine and imprisonment.