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Fireworks Restrictions

DOUGLAS COUNTY

 

ARTICLE  2. USE AND SALES OF FIREWORKS

 

6-201  DEFINITIONS.  As used in this Article, unless the context clearly indicates otherwise, the following words and terms have the following meanings:

 

(a)               Fireworks mean 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 transportation by the chemical laboratory of the United States Department of Transportation.

 

(b)       Fireworks Stand means any permanent or temporary building, trailer, tent, display, awning, canopy, temporary membrane structure, or location from which a Person sells or otherwise distributes Fireworks in the unincorporated areas of Douglas County, Kansas.

 

(c)        Operator means any Person who sells or otherwise distributes Fireworks or owns, manages or operates a Fireworks Stand.

 

(d)       Person means an individual, organizational entity of any type, partnership, church, corporation, limited liability company, trust, association of any type, or any agent, officer, employer, committee, or group of any of the foregoing.

                    (HR 07-6-4, Sec. 1)

 

6-202    USE OF FIREWORKS PROHIBITED.  It shall be unlawful to ignite, explode, discharge, or use any Fireworks in the unincorporated area of the County, except as follows:

 

(a)               Date and Time Limitations.  The use of Fireworks shall be allowed only during the following dates and times:

 

July 1                           7:00 A.M. to 10:00 P.M.

July 2                           7:00 A.M. to 10:00 P.M.

July 3                           7:00 A.M. to  Midnight.

July 4                           7:00 A.M. to  Midnight.

 

(b)       Special Permit.  The use of Fireworks may be allowed at dates and times other than those contained in Section 6-202(a) pursuant and strictly in compliance with a permit issued pursuant to Section 6-304 of the Douglas County Code.

 

(c)        Prohibited Locations.  Notwithstanding the provisions of Section 6-202(a), it shall be unlawful to ignite, explode, discharge, or use any Fireworks:

 

            (1)       within 1,000 feet of any hospital, sanitarium or infirmary; or

            (2)       within 100 feet of any Fireworks Stand; or

            (3)       into, under, from, or on a car or vehicle, whether moving or standing still; or

            (4)       on any public roadway or the right-of-way adjoining a public roadway; or

            (5)       on any private property without the express permission and direct   supervision of the owner, occupier, or other Person having control of such property.

 

(d)       Prohibited Fireworks.  Notwithstanding the provisions of Section 6-202(a), it shall be unlawful to ignite, explode, discharge, or use Fireworks prohibited under the laws of the State of Kansas, with the exception it shall be unlawful to ignite, explode, discharge, or use Fireworks commonly referred to as “bottle rockets” even if otherwise permitted under the laws of the State of Kansas.

                    (HR 07-6-4, Sec. 1)

 

6-203    SALE OF FIREWORKS.   It shall be unlawful to sell or otherwise distribute Fireworks at a Fireworks Stand, except as follows:

 

(a)       Date Limitations.  The sale or distribution of Fireworks shall be allowed only on the following dates within the unincorporated areas of Douglas County, Kansas: July 1, July 2, July 3, and July 4.

 

(b)       Prohibited Fireworks.  Sale or other distribution of Fireworks shall be limited to Class “C” Fireworks authorized under the laws of the State of Kansas, with the exception that the sale or other distribution of Fireworks commonly referred to as “bottle rockets” is prohibited.

 

(c)        Permit Required.  The sale or other distribution of Fireworks at a Fireworks Stand shall not be done without obtaining and holding a valid Fireworks Stand permit, issued by Douglas County Department of Zoning & Codes in accordance with this Article.

 

(d)       Appropriate Zoning.  Fireworks Stands may only be located on, and permits may only be issued for, property as allowed by the Douglas County Zoning Regulations as they exist on the date the permit is granted.  As of May 1, 2007, Fireworks Stands are allowed only in A, B-1, B-2, B-3, I-1, I-2 and I-3 Districts.

                    (HR 07-6-4, Sec. 1)

 

6-204 PERMIT APPLICATION FOR FIREWORKS STAND.  Applications for a Fireworks Stand permit shall be on forms and according to procedures prepared by the Douglas County Department of Zoning & Codes and shall be accompanied by a $125.00 application fee.  Applications will not be made available or accepted before June 1st of each year and must be received by the Douglas County Department of Zoning & Codes on or before the close of business on June 25th of that same year.  If June 25th is a day on which the office of the Department of Zoning & Codes is closed, the application must be received on or before the close of business on the next succeeding business day before June 25th.  Submitted applications shall, at a minimum, contain the following information:

 

(1)               The name, address, legal description, and phone number of the owner of the real estate upon which the Fireworks Stand is to be operated;

(2)               The name, address, and phone number of the Operator of the Fireworks Stand;

(3)               A diagram of the grounds on which the Fireworks Stand is to be located, showing the location of the Fireworks Stand; the location of all buildings, highways and any lines of communication; and the location of the off-street parking area designated for the Fireworks Stand;

(4)               If a sign will be used to advertise the Fireworks Stand, the diagram must show the location and size of the sign; and

(5)               The application shall contain a copy of the Operator’s current Kansas Retailers’ Sales Tax Registration Certificate.

 

No permit shall be issued if the Fireworks Stand does not or will not comply with the provisions of this Article.  In addition, the Department of Zoning & Codes is authorized to deny a permit to an Operator who has previously failed to comply with Douglas County regulations governing the sale of Fireworks and the operation of a Fireworks Stand.

                    (HR 07-6-4, Sec. 1)

 

6-205    FIREWORKS STAND REQUIREMENTS.  All Fireworks Stands shall be subject to and operate in compliance with the following minimum requirements:

 

(a)       Compliance with the Law.  The tract of real estate on which the Fireworks Stand is located, and any and all buildings thereon (whether or not the buildings are actually used in connection with the Fireworks Stand), shall not have been found to be in violation of any of the County’s zoning, site-planning, building, plumbing, mechanical or electrical codes on or before the application for the permit is submitted.  No permit shall be issued for a Fireworks Stand to be located on any real estate if any such violations have been determined on or before the application for the permit is submitted.  In addition, any temporary or permanent structure used in connection with the Fireworks Stand shall comply with all applicable building codes relevant to the sale and storage of Fireworks, whether or not found to be in violation on or before the application for the permit is submitted.  In addition, each Operator shall comply with all applicable local, state and federal laws and regulations, regardless of whether those legal requirements are specifically referenced herein.  Without limiting the foregoing, all electrical systems and equipment, including temporary electrical connections, used in conjunction with the Fireworks Stand shall be installed and used in compliance with the National Electric Code or other applicable electric code, as then adopted and in force in the unincorporated areas of Douglas County, Kansas.

 

(b)       Distance from Road.  All Fireworks Stands shall be located at least 25 feet from any road rights-of-way or highway rights-of-way.

 

(c)        Distance from Flammable Materials.  No Fireworks shall be stored or sold within 50 feet of any source of flame, sparks, or more than one gallon of any explosive, flammable, combustible, or volatile material; provided, however, that the foregoing shall not apply to operable motor vehicles located more than 20 feet away from stored Fireworks or the Fireworks Stand.

 

(d)       Fireworks, Open Flames and Hot Objects.  Fireworks, open flames and devices capable of igniting combustible materials shall not be used, discharged or exploded in or adjacent to any Fireworks Stand.

 

(e)       No Smoking/Alcoholic Beverages.  Smoking and alcoholic beverages shall not be permitted within 100 feet of any Fireworks Stand or any adjacent areas where Fireworks are stored, sold or displayed.  “FIREWORKS FOR SALE—NO SMOKING” signs shall be conspicuously posted inside and outside of the storage and/or sales location.  The Operator shall enforce this provision with respect to all Persons at the Fireworks Stand.  Both the Operator and the Person violating this provision may be subject to prosecution pursuant to Section 6-207.

 

(f)        Use of Awnings, Canopies, Temporary Membrane Structures and Tents.  The use of awnings, canopies, temporary membrane structures or tents shall, in addition to all other requirements, comply with the following requirements:

 

(1)       Location.  No temporary membrane structure, canopy or tent shall be located within twenty 20 feet of property lines, buildings, parked vehicles, internal combustion engines, other temporary membrane structures, tents, awnings, and/or canopies.

 (2)      Flame-retardant Treatments.  The sidewalls, drops, and tops of awnings, canopies, temporary membrane structures and tents shall be composed of flame-resistant material or shall be treated with a flame-retardant material.

 

(g)               Means of Egress.

 

(1)               Location of Exits.  Exits shall be spaced at approximately equal intervals around the perimeter of the Fireworks Stand and shall be located such that all points are no more than 100 feet from an exit.

(2)               Number of Exits.  Every Fireworks Stand shall have at least 2 exits.

(3)       Maintenance of Exits.  The required width of exits, aisles and passageways to a public way shall not be less than 36 inches.  Guide wires and other support members shall not cross a means of egress.

(4)         Exit Signs.  Exit signs shall be installed at required exit doorways and where otherwise necessary to clearly indicate the direction of egress.

 

(h)       Fire Extinguisher/Telephone.  Each Fireworks Stand shall have at least 2 approved and operable fire extinguishers (2A10BC minimum) and telephone on site for emergencies at all times.  The telephone requirement may be satisfied by maintaining an operable wireless phone on site.

 

(i)         Posting of Rules.  Each Fireworks Stand shall display a 3 foot by 3 foot sign visible to the public advising of the following rules:

(1)       Fireworks shall only be discharged on private property in the unincorporated areas of Douglas County, Kansas if an adult owner, occupier, or person having control of the property consents to and provides direct supervision of the discharge of fireworks.

(2)       Fireworks shall not be discharged on any public street or roadway.

(3)       Fireworks may be discharged in the unincorporated areas of Douglas County, Kansas only during the following dates and times:

                       

                        July 1                           7:00 A.M. to 10:00 P.M.

                        July 2                           7:00 A.M. to 10:00 P.M.

                        July 3                           7:00 A.M. to  Midnight.

                        July 4                           7:00 A.M. to  Midnight

 

(4)       No smoking or alcoholic beverages are allowed at the Fireworks Stand.

(5)       Violations are punishable by fines and/or confiscation of Fireworks.

 

(j)         Parking.  Off street parking must be provided for all employees and customers, which shall be a minimum of 20 feet away from the Fireworks Stand and any Fireworks storage areas.

 

(k)        Site Preparation.  Weeds and grass must be cut back a minimum of 100 feet from the Fireworks Stand.

 

(m)             Temporary Stand Removal.   The temporary stand and signs shall be removed on or before July 8th.

 

(n)               Damage Deposit/Bond.  Any Fireworks Stand which gains its principle means of ingress/egress by crossing either a public hike or bike path shall post a $1,000 refundable bond or pay a $1,000 deposit to ensure that the path is not damaged by the operation.  The bond shall be made payable to Douglas County.

 

(n)       Advertising Sign.  Only one advertising sign can be erected to advertise each Fireworks Stand, which may be illuminated but shall not be flashing.  The sign cannot be larger than 32 sq. ft. and must be located in the front of the Fireworks Stand but not on the road or highway rights-of-way, and shall not represent a safety hazard.

 

(o)       Sales Tax Registration Certificate. The Operator shall conspicuously display its current Kansas Retailers’ Sales Tax Registration Certificate at the Fireworks Stand.

 

(p)       Only Fireworks May be Sold.  Unless applicable zoning regulations and approved site-plans allow the sale of other items at retail, only Fireworks-related items may be sold at Fireworks Stands and sale of other items is strictly prohibited.

 

(q)       Fireworks Stand Permit.  The Operator shall conspicuously display its Fireworks Stand permit at the Fireworks Stand.

 

(r)        Original Packaging.  All Fireworks shall remain in original packaging, unless otherwise permitted pursuant to regulations of the Kansas Fire Marshall.

                    (HR 07-6-4, Sec. 1)

 

6-206  INSPECTIONS OF FIREWORKS STANDS; REVOCATION OF PERMIT.  One or more inspections of the proposed site for the Fireworks Stand may be required to ensure compliance with this Article prior to or after issuing the permit.  Inspections may be made by any Douglas County law enforcement officer, code enforcement officer, or personnel of any applicable fire department.  By submitting any application for a Fireworks Stand permit, the applicant shall be deemed to have consented to all such inspections.  If the applicant does not own the subject property, the filing of an application shall be deemed to be a representation by the applicant that the applicant has permission of the owner of the land that that the applicant is authorized to consent to such inspection.  Any permit previously issued may be revoked or suspended upon notice to the Operator if the Fireworks Stand is not operating in compliance with the provisions of this Article.  Upon revocation or suspension of the permit, the Operator of the Fireworks Stand shall immediately cease sale of all Fireworks until the Fireworks Stand is brought into compliance and the permit is reinstated.

                    (HR 05-3-1, HR 07-6-4, Sec. 1)

 

6-207  VIOLATIONS, ENFORCEMENT AND PENALTIES.

 

(a)       Criminal Penalties.  Any Person who violates the provisions of this Article shall be guilty of a misdemeanor, punishable by a fine in an amount not to exceed $500, confinement in the county jail for a period not to exceed one month, or both.

 

(b)               Initiation of Proceedings.  In addition to any other method of initiating a criminal proceeding under applicable law, criminal proceeding may be initiated for violation of any provision of this Article by making an offense report and serving a uniform complaint and notice to appear upon the accused.  The offense report may be forwarded to the district attorney for prosecution.

 

(c)               Continuing Violation.  Each day that any violation occurs shall constitute a separate offense and shall be punishable as a separate violation.  Provided, however, that if any person is found guilty of a violation hereunder and it shall appear to the court that the violation complained of is continuing, then in addition to the penalty set forth, the court shall enter such order as it deems appropriate to cause the violation to be abated.

 

(d)       Confiscation of Fireworks.  In addition to the other provisions of this Section, whenever a Douglas County law enforcement officer, code enforcement officer, or personnel of any applicable fire department has probable cause to believe that a person possesses Fireworks with intent to violate the provisions of this Article or has violated the provisions of this Article, the law enforcement officer, code enforcement officer or personnel of the applicable fire department may confiscate Fireworks from such person.

                    (HR 07-6-4, Sec. 1)

 

6-208  BURNING BAN.  In the event that the Douglas County Board of County Commissioners has declared a burning ban during the 1st, 2nd, 3rd, and 4th days of July in any year, no Fireworks shall be sold or discharged and no Fireworks Stands may be operated on such days.  All permit fees for Firework Stands shall be refunded to the permit applicants.

                    (HR 07-6-4, Sec. 1)

 

6-209  PARTIAL INVALIDITY.  If any provision of this Article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable.

                    (HR 07-6-4, Sec. 1)

 

6-210  JURISDICTION.  The provisions of this Article shall apply to the unincorporated areas of Douglas County, Kansas.

                    (HR 07-6-4, Sec. 1)

 

ARTICLE 3.  FIREWORKS DISPLAYS

 

6-301              DEFINITIONS.  As used in this Article, unless the context clearly indicates otherwise, the following words and terms have the following meanings:

 

   (a)       Fireworks Display means a presentation of fireworks for a public or private gathering on any day of the year; provided, however, that public or private displays of consumer fireworks (class C fireworks), as classified by the U.S. Department of Transportation, during the dates and times permitted in Article 2 shall not be deemed a “Fireworks Display” and shall not be regulated by this Article.

 

  (b)       Operator means the Person possessing a valid Fireworks Operators license issued by the Kansas Fire Marshal Department and identified as having primary responsibility for the conduct of the Fireworks Display.  Operate means an Operator’s conducting of a Fireworks Display.

 

   (c)        Person means an individual, organizational entity of any type, partnership, church, corporation, limited liability company, trust, association of any type, or any agent, officer, employer, committee, or group of any of the foregoing.

(d)          Sponsor means the Person sponsoring the Fireworks Display.

(HR 04-7-2, Sec. 1)

 

6-302             UNLAWFUL ACTS CONCERNING PUBLIC FIREWORKS DISPLAYS.  It shall be unlawful for any Person to Sponsor a Fireworks Display or participate in igniting the fireworks in a Fireworks Display unless the Board of County Commissioners has previously issued a permit for the Fireworks Display pursuant to Section 6-304.  If a permit has been issued, it shall be unlawful for any Person to Sponsor a Fireworks Display or participate in igniting the fireworks in the Fireworks Display unless done in strict compliance with such permit.  (HR 04-7-2, Sec. 1)

 

6-303    REQUIREMENTS FOR FIREWORKS DISPLAYS.  To insure that qualified individuals are present to operate the Fireworks Display and to provide adequate safety to the spectators and fire protection for surrounding property, each Fireworks Display shall comply with the following requirements:

 

(a)       The Operator and assistants shall provide positive picture identification upon request and the Operator shall provide proof of having received a Fireworks Operators license issued by the Kansas Fire Marshal.

 

   (b)       The Operator or the Sponsor shall obtain a permit from the Chief or the Chief’s designee of the fire department having jurisdiction prior to performing the Fireworks Display, as required by National Fire Protection Association Pamphlet No. 1123, Code for Fireworks Display, incorporated by reference in K.A.R. 22-1-3.

 

(c)        The Operator or Sponsor shall demonstrate financial responsibility by providing proof of insurance or by other appropriate means.

 

(d)       The Operator or the Sponsor shall consult with the Chief or the Chief’s designee of the fire department having jurisdiction to determine the level of fire protection required and shall provide adequate fire protection for the display.

 

(e)               Public access to the discharge site shall not be allowed.

 

(f)        The Operator shall have the primary responsibility for safety.  The Operator shall ensure that all assistants are fully trained in the proper performance of their assigned tasks and that they are knowledgeable of safety hazards.  While the Operator is allowed to actively participate in the firing of fireworks, safety shall be the primary concern.

 

(g)       If high winds, dry vegetation, lack of precipitation, or other adverse weather conditions prevail, such that in the opinion on of the Chief or the Chief’s designee of the fire department having jurisdiction or the Operator, a significant safety danger exists, the Fireworks Display shall be postponed until weather conditions improve to an acceptable level.

 

(h)       Operator and assistants shall only use flashlights or electrical lighting for artificial illumination.

 

(i)         No smoking shall be allowed within 50 feet of any area where fireworks or other pyrotechnic materials are present.

 

(j)         No individual shall be allowed in the discharge area while under the influence of alcohol, narcotics, or other drugs that could adversely affect judgement, movement, or stability.

 

(k)        The fallout area shall be a large open area.  Spectators, vehicles, or readily combustible materials shall not be located within the fallout area during the display.  The area selected for the discharge site, spectator-viewing area, parking area, and the fallout area shall be inspected and approved by the Chief or the Chief’s designee of the fire department having jurisdiction.

 

(l)         All Fireworks Displays shall comply with then current regulations and guidelines of the Kansas Fire Marshal, including K.A.R. 22-1-3, which incorporates by reference National Fire Protection Association Pamphlet No. 1123, Code for Fireworks Display.

(HR 04-7-2, Sec. 1)

 

(m)      The Operator or the Sponsor shall obtain a permit from the Douglas County Department of Zoning & Codes and comply with any additional requirements imposed in connection with issuance of the permit.  Any Person aggrieved by the decision of the Douglas County Department of Zoning & Codes with respect to the denial of any such permit or additional requirements placed upon granting the permit or operation of the Fireworks Display may appeal to the Board of County Commissioners.

(HR 07-6-5, Sec. 1)

 

6-304                          PERMIT FROM DEPARTMENT OF ZONING & CODES.  Notwithstanding the provisions of Section 6-202 of the Douglas County Code (currently prohibiting all fireworks on all days other than July 2, 3, and 4 of each year) as amended, the Douglas County Department of Zoning and Codes may issue permits for a Fireworks Display on any day of the year.  Any Person who obtains a permit from the Douglas County Department of Zoning & Codes in accordance with this Section may lawfully Sponsor, Operate, conduct, and assist in the operation of a Fireworks Display in accordance the requirements of Section 6-303 and the provisions of such permit.  (HR 07-6-5, Sec. 2)

 

6-305                          PERMIT APPLICATION.  Applications for a Fireworks Display permit shall be on forms and according to procedures prepared by the Douglas County Department of Zoning & Codes and shall be submitted with a filing fee in an amount set by the Board of County Commissioners from time to time.  Applications shall, at a minimum, provide the following information:

 

(1)               The name, address, and phone number of the Sponsor of the Fireworks Display;

(2)               The name, address, and phone number of the Operator of the Fireworks Display;

(3)               The name, address, and phone number of the supplier of the fireworks to the Operator, if different from the Operator;

(4)               Evidence of financial responsibility by the Sponsor or Operator of the Fireworks Display in the form of an insurance certificate or other appropriate documentation;

(5)               The date and time of day at which the Fireworks Display is to be held and, if desired, an alternative date and time in the event the Fireworks Display is postponed;

(6)               The exact location planned for the Fireworks Display;

(7)               Evidence that the Kansas Fire Marshal has issued a Fireworks Operator’s license  to the Operator;

(8)               The approximate number and kinds of fireworks to be discharged;

(9)               A diagram of the grounds on which the Fireworks Display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways and any lines of communication, the lines behind which the audience is to be restrained, and the location of other possible overhead obstructions;

(10)          Evidence that the permit from the Chief or the Chief’s designee of the fire department having jurisdiction has issued a permit for the proposed Fireworks Display or an acknowledgement that it is illegal to conduct the proposed Fireworks Display without first obtaining such a permit.

 

If the Fireworks Display only includes consumer fireworks (class C fireworks), as classified by the U.S. Department of Transportation, the Fireworks Display need not have an Operator and the Board of County Commissioners may waive other requirements that it determines unnecessary to adequately protect health, welfare, and property.  Unless the Fireworks Display permit states otherwise, the permit shall be deemed to incorporate a requirement that the Fireworks Display be conducted strictly in accordance with the permit application.  (HR 04-7-2, Sec. 1)

 

6-306  AUTHORITY HAVING JURISDICTION.  For purposes of National Fire Protection Association Pamphlet No. 1123, Code for Fireworks Display, which the Kansas Fire Marshal has incorporated by reference at K.A.R. 22-1-3, the “authority having jurisdiction” shall be the Fire Chief or the Fire Chief’s designee of the fire department having jurisdiction of the area within which the Fireworks Display is held.  (HR 04-7-2, Sec. 1)

 

6-307              CRIMINAL PENALTIES.  Any Person who violates the provisions of Section 6-302 or engages in conduct in violation of the requirements of Section 6-303 shall be guilty of a misdemeanor, punishable by a fine in an amount not to exceed $500, confinement in the county jail for not to exceed one month, or both.  (HR 04-7-2, Sec. 1)

 

6-308              PARTIAL INVALIDITY.  If any provision of this Article or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable.  (HR 04-7-2, Sec. 1)

 

6-309              JURISDICTION.  The provisions of this Article shall apply to the unincorporated areas within Douglas County, Kansas and, in addition, shall apply within the city boundaries of any incorporated city located within Douglas County, Kansas that adopts an ordinance or resolution or takes other formal action consenting to have this Article apply within such city’s boundaries.  (HR 04-7-2, Sec. 1)

 

6-310    ADVERSE WEATHER CONDITIONS.  If high winds, dry vegetation, lack of precipitation, or other adverse weather conditions prevail, such that in the opinion on of the Chief or the Chief’s designee of the fire department having jurisdiction or the Operator, a significant safety danger exists, the Fireworks Display shall be postponed until weather conditions improve to an acceptable level.  In addition, notwithstanding the issuance of a Fireworks Display permit in accordance with this Article, the Board of County Commissioners may order the postponement of the Fireworks Display for the same reasons.  (HR 04-7-2, Sec. 1)