ORDINANCE NO. 875
AN ORDINANCE REGULATING THE SALE, SETTING OFF OR DISCHARGING OF FIREWORKS OF ANY KIND WITHIN THE CORPORATE LIMITS OF THE CITY OF MEADE, KANSAS AND REPEALING ORDINANCE NO. 862.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, KANSAS:
DEFINITIONS: The term “fireworks” shall mean and include any combustible or deflagrating composition, article, or device suitable for the use of the public for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and previously approved for transport by the chemical laboratory of the United States Department of Transportation and as stated in K.A.R. 22-6-1.
SECTION 1: That no person, firm, or corporation shall sell at retail, fireworks of any kind, before the 27th day of June or after the 4th day of July in each year.
a) No person, firm, or corporation shall sell fireworks without first obtaining a fireworks permit from the City of Meade, Kansas (the “City”). The annual fee shall be $25.00, except non-profit organizations will be exempt from such fee. The times for popping fireworks in the City will be posted at each firework stand.
b) No fireworks of any kind shall be sold within the corporate limits of the City before 10:00 a.m. and no later than 10:00 p.m.
c) Firework stands are subject to inspection at any time by the City Fire Chief or any law enforcement officer.
d) All fireworks stands shall have a sign posted reading “FIREWORKS – NO SMOKING – KEEP OPEN FLAMES AWAY.”
e) Fire extinguishers or a charged water hose with nozzle end are required within fifteen feet (15’) of any fireworks stand.
f) No fireworks shall be stored, kept, sold, or discharged within one hundred feet (100’) of any gas pump or volatile liquids.
g) No discharge of any fireworks within one hundred feet (100’) of any stand or building.
h) All fireworks stands shall be supervised by a person 21 years of age or older.
i) No sale of fireworks upon City property at any time unless prior approval thereof is obtained in writing from the governing body of the City.
j) No alcoholic or cereal malt beverages may be sold or consumed at a permit location.
k) Any fireworks permit may be revoked by the City Fire Chief, or the City Police Chief, upon violation of any part or portion of Section 1.
SECTION 2: Sky lanterns prohibited.
a) It shall be unlawful for any person to sell, use, and/or possess a sky lantern, whether commercially produced or homemade. Sky lanterns include: Chinese lanterns, wish lanterns, sky candles, fire balloons, or any type of device with a lightweight paper bag and typically a paraffin-impregnated cloth or paper fuel element; in which the burning fuel heats the air inside the bag, making it buoyant enough to float as much as a mile high.
b) Violations of this Section shall be deemed a Class A violation and shall be punishable by up to a $2,500 fine or one (1) year in county jail, or both.
SECTION 3: Other violations.
a) No discharging of fireworks within one thousand feet (1000’) of any hospital, sanitarium, infirmary, or nursing home.
b) No discharging of fireworks within one hundred feet (100’) of any gas station, building, or fireworks stand.
c) No discharging of fireworks upon any alley.
d) No throwing of fireworks from a vehicle whether moving or standing still.
e) No discharging of fireworks between the hours of 10:00 pm and 10:00 am, with the exception of July 4th when fireworks may be discharged from 10:00 am until midnight.
f) No throwing or discharging of fireworks in an unsafe manner or causing apprehension or possible injury to another person or animal.
g) No person, firm, or corporation shall have in their possession bottle rockets nor shall be allowed to discharge them.
h) Rubbish in streets prohibited. It shall be unlawful for any person to place, deposit or leave, or cause to be placed, deposited or left, in any of the public streets, highways, alleys, parks or thoroughfares of the City, any filth, trash, boxes, or litter of any kind.
i) No discharging of fireworks in the City Park.
j) No fireworks shall be discharged by individuals within the corporate limits of the City before the 27th day of June or after the 4th day of July in each year.
SECTION 4: Fireworks which are illegally sold, offered for sale, used, discharged, possessed, or transported in violation of the provisions of this ordinance shall be subject to seizure by the City Fire Chief or any law enforcement official.
SECTION 5: Notwithstanding the foregoing, the sale and discharge of fireworks may, in any given year, be prohibited. The Mayor of the City, upon approval of the council, must proclaim by June 15th of any such year that the prohibition is based upon unseasonable dry weather or other conditions creating a danger to the public.
SECTION 6: Unless otherwise provided herein, any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a Class C violation, and upon conviction thereof shall be punished by a fine not less than $10.00, nor more than $500.00.
SECTION 7: Ordinance No. 862 is hereby repealed. Any other ordinance or parts of ordinances specifically in conflict with any of the provisions of this Ordinance insofar as they conflict, shall be and are hereby repealed.
SECTION 8: This ordinance shall take effect and be in force from and after its summary publication in the Meade County News.
ADOPTED AND APPROVED THIS 13th DAY OF JUNE, 2016.
RICHARD KNOTT, Mayor
TIFFANY NEEL, City Clerk
On June 13, 2016, the City of Meade, Kansas, passed Ordinance No. 875. An ordinance regulating the sale, setting off or discharging of fireworks of any kind and repealing Ordinance No. 862. A complete copy of the ordinance is available at www.cityofmeade.org or in the office of the city clerk, 132 S Fowler, free of charge. This summary is certified by the city attorney to be legal, accurate and sufficient.
I, Tiffany Neel, City Clerk of the City of Meade, Kansas, hereby verify and state that the foregoing is a true and correct original ordinance; that the record of final passage is found on page ___, volume “___” of the journal; that is was published in the Meade County News, the official paper on _____________ ___, 2016.
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