11-10594 Fireworks Discharge and Display(Published in the Salina Journal on March2-'1, 2011.)
ORDINANCE NIJM13ER 11-10594
AN ORDINANCE AMENDING CHAPTER 14, DIVISION 2, SECTIONS 14-57.6
AND 14-57.8 OF THE SALINA CODE PERTAINING TO THE RETAIL DISPLAY AND
SALE OR OTHER DISTRIBUTION AND USE OF CONSUMER FIREWORKS AND
REPEALING EXISTING SECTIONS 14-57.6 AND 14-57.8.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Section 14-57.6 is hereby amended as follows:
"See. 14-57.6. Retail display and sale or other distribution of approved consumer
fireworks. The offer for retail sale, retail sale, delivery, consignment, giving or otherwise
furnishing approved consumer fireworks to the public for personal use is prohibited other
than from a consumer fireworks facility during the hours of 8:00 a.m. to 10:00 p.m. during
the period beginning on June 27 and ending on July 4 of each calendar year, subject to the
following requirements:
(a) Permit. A consumer fireworks temporary use permit shall be required pursuant to this
division and the temporary use regulations in Section 42-59(d)2 of the Salina Zoning
Ordinance prior to setting up and operating a consumer fireworks facility.
(b) 'Zoning, site plan, and parking review. The location and site layout, of,f-street
parking requirements and on-site sign limitations for consumer fireworks facilities
shall be subject to the requirements set out in Section 42-59(d)2 of the Salina 'Zoning
Ordinance.
(c) "Temporary Tent or Canopy. A consumer fireworks facility shall not be permitted in
an existing or permanent structure. A consumer fireworks facility must be located in a
temporary tent or canopy which meets International Fire Code fire rating regulations
and International Building Code anchoring regulations. The combined area of' the
consumer fireworks facility and storage unit located upon a consumer fireworks
facility site shall not exceed 2,400 square feet.
(d) Compliance with NFPA 1124, Chapter 7. All consumer fireworks facilities must
comply with NFPA 1124, Chapter 7, which is incorporated herein by reference. Any
specific requirements of this section which differ from NFPA 1124, Chapter 7. shall
control.
(c) Insurance. The permit holder for a consumer fireworks facility must carry and
provide proof that it carries general liability insurance coverage written by a carrier
authorized to do business in Kansas with coverage limits of no less than S 1.000,000.
(f) Inventory Storage. Storage of consumer fireworks inventory for a consumer
Fireworks facility shall be allowed on the site of the consumer fireworks facility, but
only within a single NFPA approved storage unit not exceeding 120 square feet of
floor space.
(g) Parking on site. No parking of vehicles shall be allowed within ten feet of the
consumer fireworks facility, including any supporting guy wires.
(h) No Smoking. No smoking shall be allowed within 50 feet of the consumer fireworks
facility. A readily visible sign reading "FIREWORKS FOR SALE NO SMOKING
ALLOWED" in letters at least two inches tall shall be prominently displayed at the
consumer fireworks facility.
(i) No Discharge of Fireworks. Fireworks shall not be ignited, discharged, or otherwise
used within 300 feet of a consumer fireworks facility. At least one sign reading "NO
FIREWORKS DISCHARGE WITIIIN 300 FEET" in letters at least four (4) inches
high on a contrasting background shall be conspicuously posted on the exterior of each
side of the consumer fireworks facility.
(j) Trash Receptacles. A consumer fireworks facility shall have on site and shall service
adequate trash receptacles to avoid the accumulation on or blowing of' trash from the
site.
(k) Removal of Inventory and Restoration of Site. All inventory must be removed from
a consumer fireworks facility no later than July 7. The site of the consumer fireworks
facility must be cleared and restored no later than July 17.
Section 2. That Section 14-57.8 is hereby amended as follows:
Sec. 14-57.8. Use of approved consumer fireworks. The use of'approved consumer
fireworks by the public for personal use is prohibited other than from the hours of 8:00 a.m.
to 10:00 p.m. on the days of July 3 and July 4 of each calendar year. When using approved
consumer fireworks a person shall not ignite or discharge fireworks:
(a) While on public property;
(b) While on private property without the express written consent of the property owner.
including the property owner's name, address, telephone number and signature,
(c) Into, under, or from a car or vehicle, whether moving or standing still, or on a public
roadway or the right-of-way adjoining a pubic roadway;
(d) Within 100 feet of any hospital, sanitarium, infirmary, nursing home, or assisted
living facility;
(e) Within 300 feet of any consumer fireworks facility;
(� So as to throw, cast, or propel the fireworks in the direction of or into the path of any
person or group of persons, whether on foot, on a bicycle, on a motorcycle, or in a
vehicle;
(g) So as to impact adjoining property from either direct contact from fireworks or the
residue resulting from the use of fireworks.
Section 3. That existing Sections 14-57.6 and 14-57.8 are hereby repealed.
Section 4. That this ordinance shall take effect and be in force from and after its publication
in the official newspaper.
Introduced: March 21, 2011
Passe arch 21, 2011
Aar G. Peck, Mayor
JSrnl.]
Ni"FE' ST,
Lieu Ann Elsey, CMC, Qft Clerk