8.3 Reg Fireworks CITY OF SALINA
· REQU ES T FOR COMMI SS I ON ACT ION DATE T ! ME
P.M.
AGENDA SECTI ON: OR I 61 NAT I NG DEPARTMENT: APPROV ED FOR
NO. 8 Municipal Court AGENDA:
ITEM 3
NO. Ellen Mitchell
BY: BY :~,,K___... '/J
Item
First reading Ordinance NUmber 97-9802 amending Section 14-53 of the Salina Code pertaining to fireworks.
Bacl~round
It has been the position of the City of Salina since 1966 that fireworks (as defined in Sec. 14-51)
are nnlawful to possess within the city limits. For more than thirty years, the police department has enforced
and the city has prosecuted violations of Sec. 14-53 of the Salina City Code relative to the unlawfifl possession
of fireworks.
A recent Saline County District Court decision, however, raised questions about the clarity of the current
ordinance as it pertains to possession of fireworks. The court found that Sec. 14-53 prohibits persons from
exploding, but not from possessing, illegal fireworks as defined in Sec. 14-51.
The Court's interpretation of Sec. 14-53 severely weakens the City's ability to provide for the safety of the
public by regulating the use of fireworks within the city limits which present a hazard to property and a
danger to persons.
When Sec. 14-53 was adopted by the City Commission in 1966, it is doubtful that its intent was to allow any
person to lawfully possess the same fireworks that are tmlawful, according to Sec. 14.53, ... for any person to
store, to offer for sale, expose for sale, sell at retail, or use or explode.
Amending Sec. 14-53 by adding the word "possess" to the list of prohibitions would clarify the intent of the
section and provide for the safety of the public. The amendment has been proposed for City Commission
consideration by the City Prosecutor after discussing the public safety implications with the City Attorney, the
staff of the City Manager's office, the Fire.Department and the Police Department.
Recommendation
Approve Ordinance Number 97-9802 on first reading.
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