Except as hereinafter provided, it shall be unlawful for any person to sell or discharge fireworks.

(a)   For purposes of this Code the term “fireworks”, when used in this article, 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 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, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Dayglo bombs, sparkler or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets, or other device containing any explosive substance. Nothing in this article shall be construed as applying to toy paper caps containing not more than .25 of a grain of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of the State of Kansas, or police officers, nor as prohibiting the sale or use of blank cartridges for ceremonial or theatrical or athletic events.

(b)   In addition to the restrictions upon all fireworks set forth within this Article, Bottle rockets and other similar self-propelled firework or fireworks devices consisting of a tube and attached guiding stock or rod shall not be sold or discharged in the city at any time.

(a)   Applications to sell fireworks within the City of Colwich may only be submitted by, or on behalf of, charitable and/or not-for-profit organizations (hereinafter “charitable organizations”). The charitable organization shall be the recognized vendor and responsible for complying with this Article, regardless of which fireworks wholesaler is supplying the charitable organization with fireworks to sell. Due to the size of the City of Colwich, and the limited safe areas available to store/sell fireworks, only four (4) fireworks vendors will be permitted annually, and each will be permitted to operate one (1) fireworks vending stand.

(b)   All applications for a permit to sell fireworks shall be submitted to the City Clerk on or before March 1st. If more than three (3) applications are received a lottery will be held on the First Monday in April, to which a representative of each applicant will be invited, but not required, to be present. Three (3) of the applicants will be selected from all valid applications to be given a Right to Obtain a Permit. The lottery shall be conducted in a manner that is random and provides all valid applicants an equal chance of being selected. Permits will be issued during the month of April upon the selected vendor’s submission of the permit fee. Failure to have the permit fee and mandatory proof of insurance as set forth within this Article to the City Clerk by the end of business on the last business day in February shall be deemed a waiver of the Right to Obtain a Permit.

(c)   A valid applicant is an applicant who has submitted a completed application prior to the application deadline. An incomplete application, including failure to complete acknowledgement of nuisance provisions, permit fees, and insurance requirements, shall be deemed an invalid application.

(a)   Permits to sell fireworks shall only be effective from June 27th of the year in which fireworks will be sold pursuant to such permit, to July 4th of that same year.

(b)   Fireworks stands may be erected beginning June 24th, and must be dismantled and removed by July 7th. Removal includes removal of all trash associated with fireworks and their sale from the site and its immediate environment. Failure to dismantle and clean-up the site within the time provided by this section shall be grounds for prosecution, and the municipal court judge may prohibit the vendor from sale of fireworks within the city for one (1) year from the date of conviction.

Applications to sell fireworks within the City of Colwich may only be submitted by, or on behalf of, a charitable organization. Applications for permits shall require the following information, as well as any other information deemed necessary by the City Clerk or Fire Chief:

(a)   The application for the permit shall be upon a form provided by the City Clerk’s office, which shall be completed and notarized by the applicant, and include the name and address of the organization that is seeking the permit, the location of the vending structure, information about anticipated date of set-up and removal of vending structure, date and time of meeting with City Fire Chief, or designee, regarding location, and any additional information deemed necessary by the City.

(b)   The application shall include the tax i.d. or federal i.d. number of the charitable organization. Youth groups without their own federal or tax i.d. number may use the charitable organization identification number associated with its parent organization (Church, School, etc.).

(c)   A description of each location referred to herein shall be provided to and approved by the Fire Chief of the City or his/her designee prior to the completion of the application to sell fireworks. Fireworks stands shall not be located on City owned property. A letter from the property owner agreeing to allow a fireworks vending stand to be located on private property shall accompany the application. Corrections in the location of the stand may be made in writing up to the date of issuance of the permit, with the approval of the Fire Chief.

(d)   Each applicant shall sign an acknowledgement of the nuisance provisions of this Article and a waiver of any further notice regarding such provisions. The acknowledgement shall contain a requirement that the owner of the fireworks vending structure also be notified of the nuisance provisions of this Article by the vendor utilizing such structure, and that by setting up the fireworks vending structure within the city, all parties with an interest in the fireworks vending structure have waived any further notice of the nuisance provisions of this Article.

(e)   Each applicant shall acknowledge in writing the permit fee associated with selection to vend fireworks within the City, and shall acknowledge in writing the insurance requirements contained within this Article.

(a)   The Fire Chief of the City, and/or his designee, must approve the location upon which fireworks are to be stored and/or sold within the City. The following requirements may be made more restrictive in reference to a specific site if the Fire Chief of the City, or his designee, deems a special hazard exists in that location, and the health, safety, and welfare of the city requires more restrictive requirements.

(b)   No location to sell fireworks within the City shall be within one-hundred fifty (150) feet of another permit location, measured structure to structure. If a tent is used for the construction of the fireworks stand, the material must be of a flame-retardant type.

(c)   Each location upon which fireworks are to be sold shall provide for the public not less than one (1) off-street parking stall per one-hundred (100) square feet of sales structure floor area and adequate ingress and egress aisles. Fireworks shall not be stored or sold within fifty (50) feet of any source of flame, sparks, or flammable or volatile liquids in excess of one (1) gallon, except in stores where cleaners, paints, and oils are handled in sealed containers only. Each vendor shall furnish without cost to the City such flag person and attendants as are necessary to insure the orderly parking of vehicles around each sale site, and shall in no way interfere with the normal flow of traffic on public roads. No vendor shall allow parking on public right-of-way around any sale site.

(d)   Prior to issuance of the permit, an inspection will be made of the applicant’s facility to determine the square footage of the stand/tent/building and other pertinent laws and no permit shall be issued for any premises not in compliance with such laws. The sale of fireworks shall occur at any location, building, structure, tent or other similarly describable enclosure in conjunction with the retail sales of non-fireworks related items except as allowed by written request of the vendor and approved in writing by the Chief of Police prior to any sale taking place.

(e)   All safety precautions and equipment at each sales site shall be approved by the Fire Chief or his/her designee; such precautions to include fire extinguishers and such other equipment as required by applicable state and City laws and regulations are required.

(f)   A permit may be immediately revoked with no refund of any portion of the permit fee if the city’s Chief of Police and Fire Chief determine that the vendor/permit holder has violated this section regarding safety precautions.

(a)   Fireworks permitted under this article shall be sold only between the hours of 8:00 a.m. to 10:00 p.m., and only from June 27th through July 4th.

(b)   The detonation of fireworks within the City shall be permitted only between 8:00 a.m. and 11:00 p.m., and only from June 27th through July 4th.

(a)   Fireworks, which may be displayed, detonated, discharged, and/or ignited within the City limits shall only be those devices permitted to be sold within the City.

(b)   Residents of the City and their guests may detonate fireworks permitted under this article on their private property during authorized shooting hours as set forth in this article. It shall be unlawful for any person to discharge, ignite or fire any fireworks upon any public street, alley or avenue or in any park or public place within the City.

(c)   Fireworks may not be thrown. Lighting and throwing a firework at, in the path of, or upon an animal, a person or property in which another person has a legal interest shall be prima facie evidence of intent to cause harm and may be prosecuted under the appropriate section of the uniform public offense code.

Upon the determination of the mayor and based upon recommendations of the Fire Chief and/or Chief of Police, the discharge of fireworks may be limited, suspended or prohibited within the City limits of the City even during those times generally permitted by this article. Such determination shall be made if it appears to the mayor that the discharge of fireworks constitutes an immediate hazard to the safety of property or persons within the City. Such limitation, suspension or prohibition shall be by emergency proclamation, signed by the mayor, which shall be publicized and posted at the City Hall and anywhere else practicable. If thereafter, circumstances occur which minimize or eliminate the hazardous condition resulting in such proclamation, the proclamation may be rescinded or modified by subsequent proclamation with similar posting. In the absence of the mayor, the then serving president of the council shall be empowered to issue such proclamation.

(a)   Permit fees shall be collected for each sale location based on square feet of the structure. The square footage shall be determined by the interior dimension measurements of the physical structure of the stand/tent/building. Each permit so issued shall be valid until midnight on July 4th of the year issued and then shall expire.

(b)   There shall be collected for each location within the city for which a fireworks sales permit has been issued pursuant to this Article, permit fees based upon the square footage of the structure from which fireworks are to be sold:

(1)   For structures not exceeding 400 square feet - $1,500.00

(2)   For structures greater than 400 square feet, but not exceeding 800 square feet - $2,000.00

(3)   For structures greater than 800 square feet, but not exceeding 1,500 square feet - $2,500.00

(4)   For structures exceeding 1,500 square feet - $5,000.00

For the purposes of this section, square footage shall be determined by the interior dimension measurement of the structure.

(c)   For those vendor soliciting the assistance of one (1) or more 501(c)(3) organizations servicing the citizens of the City of Colwich the fee submitted for the sale of fireworks will be returned to the charitable organization the first accounts payable cycle in July of each year.

Proceeds from the sale of fireworks permits shall be made part of the General Fund and shall be used as determined by the Governing Body.

(a)   Each vendor shall obtain a policy of product liability insurance for a minimum coverage of $500,000 per occurrence for products sold and/or stored within the City by the vendor, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by the vendor upon less than thirty (30) days notice.

(b)   Each vendor shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $500,000 per occurrence, with the City of Colwich named as an additional insured, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by the vendor upon less than thirty (30) days notice, and shall show that it is effective from June 24th until the fireworks stand and its contents are removed from the City.

(c)   Each vendor shall at all times indemnify the City of Colwich, Kansas, its officials, representatives, designees and employees, and shall defend, save and hold them harmless, from and against any and all claims, actions, damages, liability and expense, including but not limited to attorneys and other professional fees, in connection with loss of life, personal injury and/or damage to property arising from our out of the storage, sale, discharge and/or transportation of fireworks by such vendor and vendor’s customers, representatives, employees, contractors and designees.

The violation of any provision of this Article related to the Sale of fireworks, including 7-302 through 7-307, shall be prosecuted within the municipal court of the City and punishable by a fine of not more than $2,500.00 per offense and/or imprisonment for not more than one (1) year and/or revocation of any permit to sell fireworks. Any permit holder violating any provisions shall first be issued a warning by the police department shall revoke the permit for sale and terminate the sale of fireworks by the violator. Any action deemed extremely negligent or reckless by the Chief of Police may result in immediate revocation of the permit to sale fireworks. Any permit holder whose permit is revoked hereunder may appeal to the Governing Body by notice served upon the City Clerk, and a hearing shall be called and held not less than twenty-four (24) hours from the date of the filing of such notice of appeal.

Each day that any violation of this article continues shall constitute a separate offense and shall be punishable hereunder as a separate violation.

All vendors are hereby notified that failure to remove a fireworks vending structure from the City on or before July 7th is hereby deemed a nuisance. As stated on the application for permit, Fireworks Vendors waive any further notice and acknowledge that the City will remove any fireworks vending structures still standing on July 8th. The City will not be liable for any damage to such structure, and will not return such structure to the vendor or its fireworks supplier, or any other interested party, until the costs associated with removing and storing such structure have been paid to the City in full. If such costs have not been paid to the city within fourteen days following dismantle of such vending structure, the City will consider such structure abandoned property and will dispose of it in any manner the Mayor determines to be appropriate without further action by the Governing Body necessary.

Additionally, the applicant signing the application for permit, or the owner of the structure if a different party, may be prosecuted in the municipal court for violation of the nuisance ordinance.

The violation of any provision of this article associated with improper detonation of fireworks shall be punishable by a fine not to exceed two hundred fifty dollars ($250.00) per offense and forfeiture of any and all fireworks that were then in the possession of the alleged offender.

(a)   It shall be unlawful for any person to give or provide a fireworks display without first obtaining a permit to do so by making application at least 30 days in advance of the desired display. Approval of the permit shall be by the Governing Body.

(b)   No permit shall be approved unless the applicant furnishes a Certificate of Insurance evidencing coverage in the amount of $500,000.00 combined single limit per occurrence for bodily injury, personal injury, and property damage, and shall name the city of Colwich as an additional loss payee thereunder. Said Certificate shall be submitted to the City Clerk. Said Certificate shall also contain a clause granting a minimum of ten (10) calendar days prior notice to City before any material change or cancellation of insurance is effective. In the event of cancellation of the insurance prior to the display, the permit shall automatically be revoked and void.

(c)   The application for the permit shall be upon a form provided by the City Clerk’s office, which shall be completed and notarized by the applicant, including the name of the permit applicant, the organization for which the display is planned, whether the display is to be public or privately attended, the location of the display, the date and time of the display, the nature of the fireworks, the organization discharging the fireworks, anticipated need for police, fire or other municipal services, and any additional information deemed necessary by the City.

(d)   Permits for events charging a fee to the general public to attend, or for private events, shall be $2,500.00 per event. This fee shall be waived if the display is part of an event which is free of charge to the community as a whole.

(Ord. 618)