CHAPTER VII. FIRECHAPTER VII. FIRE\ARTICLE 3. FIREWORKS

As used in this chapter, the following terms are defined as follows:

(a)   "Retailer" means any person, firm or corporation who is customarily engaged in the merchandising of fireworks and other commodities and who maintains a permanent place of business.

(b)   "Vendor" means any person, firm or corporation who is engaged in the sole or primary business of merchandising fireworks and related products in a temporary stand or location.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014)

It is unlawful for any person, firm or corporation to keep or store any fireworks within the corporate limits of the city, or to have any fireworks in his, her or its possession, except such fireworks as may be defined as lawful by the Kansas State Fire Marshal; provided, that fireworks shall not include toy or cap pistols and substances used therein containing not more than twenty-five hundredths grams of explosive mixture.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014)

It is unlawful for any person, firm or corporation to sell or exhibit for sale within the corporate limits of the city, any fireworks at any time before the first day of July and after the fourth day of July of each year.

(Ord. 830; Ord. 946; Code 1974, Chapter 8.32; Code 2014)

It is unlawful for any vendor of fireworks within the corporate limits of the city to sell or exhibit for sale any fireworks without first having obtained a local license from the city clerk.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014)

(a)   No license shall be issued to any vendor of fireworks unless such applicant shall be at least eighteen years of age, and unless such applicant has made application therefor at the office of the city clerk and unless such applicant shall tender the license fee to the city clerk.

(b)   No license shall issue hereunder without a designation thereon of a precise location at which a vendor intends to conduct business, which location must be approved by the city fire chief.

(c)   Every licensee shall cause the license issued hereunder to be placed in plain view and in a conspicuous place on or within the licensed premises.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014)

There is levied a license fee on each vendor of fireworks, in the amount of ten dollars. The license shall be valid for the period described in Section 7-303 and no license fee or any portion thereof shall be refunded for any reason.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014)

(a)   No vendor shall leave the licensed premises, while open for business, unattended or in the custody of any person or persons under the age of sixteen years.

(b)   All retailers and vendors of fireworks shall display a copy of the ordinance codified in this chapter at their business location during the time of sale of fireworks in a conspicuous place on the premises, which copy may be obtained free of charge at the office of the city clerk.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014)

(a)   It is unlawful for any person, firm or corporation to fire, discharge or explode any fireworks or explosives within the corporate limits of the city at any time prior to the first day of July and after the fourth day of July of each year.

(b)   It is unlawful for any person or persons to fire, discharge or explode any fireworks or explosives or to set off dangerous combustible material within the fire zone limits of the city at any time.

(c)   Any not-for-profit civic organization operating in the city may apply to the city council for a special permit for a single, public fireworks display at a site approved by the City Council or their designee. Said application for special permit shall be made upon a form to be provided by the city clerk's office and shall show: (1) that the applicant has such special events liability insurance coverage as may be required by the city; (2) that it has arranged for the Oakley Fire Department to supervise said display; and (3) that the city fire chief shall have endorsed his acceptance of the department's supervision of said display thereon.

(Ord. 830; Ord. 946; Code 1974, Chapter 8.32; Code 2014)

Any person, firm or corporation violating any provision of this article shall upon conviction be fined not more than one hundred dollars or be imprisoned not to exceed thirty days, or both such fine and imprisonment, in the discretion of the court and each day's continuance of such violation shall constitute a separate offense.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014)