(a) Consumer Fireworks shall mean any small firework device designed to produce visible effects by combustion and are classified as consumer fireworks UN0366 and UN0337 by the U.S. Department of Transportation at 49 C.F.R. 172,101and27 C.F.R. 555.11 as may be amended. Metal sparklers are specifically excluded from this definition of consumer fireworks.
(b) Display Fireworks shall mean large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and are classified as display fireworks are classified as fireworks UN0333, UN0334 or UN0335 by the U.S. Department of Transportation at 49 C.F.R.172.101and27 C.F.R. 555.11.
(c) Fireworks shall mean any composition or device designed to produce a visible or an audible effect by combustion, deflagration or detonation.
(4) City Council shall mean the duly appointed city council of the City of Palco or any person designated by said council to enforce the provisions of this article.
(Ord. 6-159, Sec. 1; Code 1990; Ord. 254; Code 2019)
It shall be unlawful for any person to possess, transport, ignite, discharge or cause to be discharged any firework in the City except as specifically permitted in this section.
(a) Consumer fireworks may be discharged within the City of Palco:
(1) Between the hours of 8:00 a.m. and 11:00 p.m. on June 27 through July 5 of each year.
(b) It shall be unlawful for any person to recklessly or intentionally discharge, ignite or otherwise cause a firework:
(1) To place another person in reasonable apprehension of immediate bodily harm; or
(2) To cause physical contact with another person; or
(3) To deface or damage real or personal property of another person without the consent of any such other person.
(c) Further, it shall be unlawful for any person to possess, ignite or otherwise cause the discharge of any firework that is not a consumer firework or any firework which is prohibited by Federal or state statute or regulation.
(Ord. 6-159, Sec. 1; Code 1990; Ord. 254; Code 2019)
It shall be unlawful for any person to sell, hold for sale, or offer for sale at retail, any fireworks in the city unless such person has first obtained a permit from the city as a retailer. The deadline for obtaining a permit for sale of fireworks will be the June Council Meeting to be held in the City of Palco, Kansas. The City Council has the right to refuse any and all permit applications presented to them. The sale of fireworks shall be during the period of June 27 through July 5 of each year.
Any person desiring to sell or offer for sale any permissible fireworks as a retailer shall make application to the city clerk for a permit authorizing the same. Such application shall include the following information and such additional information as the fire chief shall deem necessary:
(a) The name and residence address of the applicant.
(b) The location of the premises for which the permit is sought. If ownership of premises is different from the applicant, written consent of the owner is required.
(c) When the permit is sought in a temporary structure or facility, the applicant shall provide a legal description of the premises, a description of the structure or facility to be used, and the location of such structure or facility upon the premises. All temporary structures including tents, shall be posted with the approved NFPA 704 placards as described in the Uniform Fire Code. After an inspection of the premises including review by appropriate city agencies such as fire department, developmental services director and consideration of the information contained in the application for a permit, the city council may issue a permit therefore, conditioned upon reasonable safety measures to be specified in the permit and upon payment of an application fee to the city clerk of fifteen dollars ($15.00) per individual. The application fee shall be waived for non-profit organizations. Any permit issued under the provisions of this section shall be valid only for the period of June 27 through and including July 5 of the year in which issued and shall be issued in accordance with the Uniform Fire Code article entitled “permits.” Persons responsible for the operations of permissible firework stands in which fireworks are stored or handled shall be familiar with safety requirements for the materials being sold, and the appropriate actions necessary in the event of a fire.
(Ord. 6-159, Sec. 2; Code 1990; Ord. 254; Code 2019)
Any fireworks in the immediate possession or control of a person violating any city ordinance controlling the use of fireworks may be confiscated by any sworn law enforcement official, the fire chief, or any person department who has been duly authorized by the city council. Confiscated fireworks must be retained by the confiscating agency and may only be destroyed upon approval by the court.
(Ord. 254; Code 2019)
At all times that it is lawful for any person over the age of eighteen (18) years to possess and discharge permitted consumer fireworks, it shall also be lawful for a person under the age of eighteen (18) years to possess and discharge permitted consumer fireworks when such person does so under adult supervision and in the physical presence of the adult. It shall be unlawful for any person over the age of eighteen (18) years to permit a person under the age of eighteen (18) to discharge fireworks without adult supervision and in the physical presence of the adult.
(a) Display fireworks may be sold and ignited and/or discharged pursuant to rules and regulations established by the city council and/or the Palco Fire Department.
(b) Any person convicted of violating any of the provisions in this section shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than two hundred fifty dollars ($250.00) to a maximum amount of four hundred ninety-nine dollars ($499.00) per violation. In addition to any fine, the individual may be sentenced up to one hundred seventy-nine (179) days in jail. The fine shall not be paroled.
(Ord. 254; Code 2019)