6895 FireworksCONSOLIDATED-SALINA
(Published in The Salina Journal j G 1965)
ORDINANCE
NUMBER 6895
AN ORDINANCE RELATING TO THE SALE, STORAGE AND DISCHARGE OF
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FIREWORKS WITHIN THE CITY LIMITS OF THE CITY OF SALINA, KANSAS,
AND PROVIDING PENALTIES FOR VIOLATION THEREOF; REPEALING ARTICLE
2 OF CHAPTER XII OF THE CODE OF THE CITY OF SALINA, KANSAS, 1960.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA,
KANSAS:
Section 12-201. Definition. Fireworks shall mean and in-
clude any combustible or explosive composition, or any substance
or combination of substances, or article prepared for the purpose
of producing a visible or an audible effect by combustion, explosion,
deflagration or detonation, and shall include blank cartridges,
toy pistols, toy cannons, toy canes, or toy guns in which explo-
sives are used, the type of ballons which require fire underneath
to propel the same, firecrackers, torpedoes, skyrockets, Roman
candles, Daygo bombs, sparklers, or other devices of like construction
and any devices containing any explosive or flamable compound, or
any tablets or other devices containing any explosive substance,
except that the term "fireworks" shall not include auto flares,
paper caps containing not in excess of an average of twenty-five
hundredths of a grain of explosive content per cap, and toy pistols,
toy canes, toy guns or other devices for use of such caps, the
sale and use of which shall be permitted at all times.
Section 12-202. Manufacture, Sale and Discharge of Fireworks.
(a). The manufacture of fireworks is prohibited within the
municipality.
(b). Except as hereinafter provided it shall be unlawful for
any person to store to offer for sale, expose for sale, sell at
retail, or use or explode any fireworks; provided that the Chief
of the Fire Department shall have power to adopt reasonable rules
and regulations for granting of permits for supervised public dis-
plays of fireworks by the municipality, fair associations, amusements
parks, and other organizations. Every such display shall be han-
dled by a competent operator approved by the Chiefs of the Police
and Fire Departments of the municipality, and shall be of such
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character, and so located, discharged or fired as in the opinion
of the Chief of the Fire Department, after proper inspection, shall
not be hazardous to property or endanger any person.
(c). Application for permits shall be made in writing at
least fifteen days in advance of the date of the display. After
such privilege shall have been granted, sale, possession, use and
distribution of fireworks for such display shall be lawful for
that purpose only. No permit granted hereunder shall be transfer-
able.
Section 12-203. Bond for Fireworks Display Required. The
permittee shall furnish a bond in an amount deemed adequate by the
Chief of the Fire Department for the payment of all damages which
may be caused either to a person or persons or to property by
reason of the permitted display, and arising from any acts of the
permittee, his agents, employees or subcontractors.
Section 12-204. Disposal of Unfired Fireworks. Any fireworks
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that remain unfired after the display is concluded shall be im-
mediately disposed of in a way safe for the particular type of
fireworks remaining.
Section 12-205. Exceptions. Nothing in this article shall
be construed to prohibit the use of fireworks by railroads or
other transportation agencies for signal purposes of illumination,
or the sale or use of blank cartridges for a show or theatre, or
for signal or ceremonial purposes in athletics or sports, or for
use by military organizations. Such agencies shall store their
supplies of fireworks in accordance with Section 12.7 of the Fire
Prevention Code (Storage and Explosives).
Section 12-206. Seizure of Fireworks. The Chiefs of the Fire
or Police Department shall seize, take, remove, or cause to be
removed at the expense of the owner all stocks of fireworks offered
or exposed for sale, stored, or held in violation of this ordinance.
Section 12-207. Nusiance; Injunction. The possession, storing,
transportation, displaying for sale, selling, offering for sale,
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giving away, discharging, firing or using any of the fireworks,
pyrotechics or other articles mentioned in Section 12-201 of this
article at any place within the City of Salina or within one
hundred yards from the city limits of the City of Salina by any
person, firm, or corporation is hereby declared to be a nusiance
and any such nusiance shall be abated by injunction or otherwise
as provided for in K.S.A. 13-1417; Provided, that the remedy
provided for in this section is in addition to any penalty pro-
vided in this article for the violation of its provisions.
Section 12-208. Penalty. Any person, firm or corporation
who shall be found guilty of violating any of the terms or pro-
visions of this article shall, upon conviction thereof, be fined
in any sum not exceeding $100.00 or be imprisoned in the city
jail not exceeding ten days, and every day that the conditions
or provisions of said article are not complied with shall be
deemed to constitute a separate offense.
Section 12-209. Repeal. Article 2 of Chapter 12 of the Code
of the City of Salina, Kansas, 1960, be and the same is hereby
repealed.
This ordinance shall take effect and be in force from and
after its adoption and publication in the official city paper.
Adopted by the Governing Body of the Citv of Salina, Kansas,
and signed by the Mayor this day of December, 1965.
ATTEST:
f=
City Clerk
Mayor
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