4950 FireworksORDINANCE NO. 4950
(Published in Book of Revised Ordinances, City of Salina_-
AN ORDINANCE regulating the possession, offering for sale, sale, giving
away, and/or use of fireworks, blank cartridges, pistols or other
devices, or other devices from which blank cartridges may be fired,
and/or other pyrotechnics, providing for a license for persons, firms,
or corporations, engaging in the sale of fireworks or pyrotechnics
not prohibited by the terms of this ordinance and providing penalties
for the violation of the terms hereof; defining certain nuisances and
providing for the abatement thereof.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. 'hat from and after the passage of this ordinance, it
shall be unlawful for any person, firm or corporation to have in his
possession, store, transport, display for sale, sell, offer for sale,
give away, discharge, fire and/or use of any of the following, at any
time within the corporate limits of the City of Salina, h-ansas:
1. Any fireworks containing any explosive consisting of chlorate
of potash and sulphur.
2. Nigger chasers or squibs, including all types of fireworks
that travel on the ground.
3. Roman candles, beyond 12 balls.
4. All firecrackers and salutes over three inches in length and/
or more than 5/8 inch in diameter.
5. All snakes or magic snakes or spit devils which contain mercury,
phosphorus, or other poisonous compounds.
6. Blank cartridges, ammunition canes, unprotected hammer type
single cap pistols.
7. Any salue or aerial display, customarily fired from a motor,
including parachutes with flares attached.
8. Pistols, or other devices from which blank cartridges may be
fired.
9. Sky Rockets.
10. All bombs, repating tanks, and toy cannon.
11. Round, globe, or spherical salutes.
12. Torpedoes other than self-consuming type.
13. Hot air balloons carrying flame.
14. Paper caps containing more than 35 grains of explosive.
15. Sparklers beyond 20 inches in length.
16. I'll fireworks containing white or yellow phosphorus.
Section 2. It shall be unlawful for any such person, firm or corpora-
tion to display for sale, sell, or offer for sale, any fireworks and/
or pyrotechnics, including sparklers, which are not prohibited to be
sold under Section 1 of this ordinance, without first having obtained
a license from the City Clerk. Before any such license is issued
said applicant for such license shall pay to the City Clerk a license
fee of One Dollar 051.00). Such license fee shall be due and payable
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on or before the 30th day of June of each year, and no license shall
be issued after said date. A separate license shall be required for
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each and every place from which the applicant for a license desires
to sell fireworks and/or pyrotechnics, which license shall be dis-
played in a conspicuous place in the place of business in which such
fireworks and/or pyrotechnics are to be sold.
Section 3. No fireworks and/or pyrotechnics, the sale of which
r is not prohibited under the provis`_ons of this ordinance shall be
sold or offered for sale, except during the 4th of Jily and the
three (3) business days immediately preceding said date. It shall
be unlawful for any person, firm or corporation to sell or offer for
sale, any fireworks and/or pyrtoechnics on the first day of the week
commonly called "Sunday". adhere the 4th of July falls upon Sunday,
then such fireworks and/or pyrotechnics may be sold upon the 5th day
of July.
Section 4. No fireworks and/or pyrotechnics, the sale of which
is not prohibited under Section 1 of this ordinance, shall be kept
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or stored anywhere within the cor )orate limits of the City of Salina
at any time other than from the tenth day of June to the tenth day
of July inclusive, of each year. No person, firm or corporation shall
keep or store any fireworks and/or pyrotechnics for wholesale sale
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or for sale other than retail trade, within the corporate limits
of the City of Salina.
Section 5. No fireworks and/or pyrotechnics shall be fired,
exploded, and/or used within the corporate limits of the City of
Salina, except during that period of time commencing at 6 o'clock
P. M., on the 3rd day of July, and ending at 12 o'clock midnight
on the 4th day of July, except where the 4th day of July falls upon
Sunday, then such fireworks and/or pyrotechnics may be exploded and,
or used from 6 o'clock P. M. on the 3rd day of July, up to 12 o'clock
midnight on the 5th day of July. Provided, however, that the Board
of Commissioners of the City of Salina, may permit the display of
fireworks, which includes the presenting of complete pyrotechnical
displays or the shooting of aerial reports or bomb shells under the
direction of an expert operator, which display or the shooting of
aerial reports or bomb shells, shall be carried out under such don-
dations as may be prescribed by the City Manager of Salina, as shall
in his opinion not be hazardous to surrounding property or dangerous
to any person or persons.
Section 6. No fireworks and/or pyrotechnics shall be stored,
kept, or diq)layed in the window of any store building or any other
building wherein t e sun is permitted to shine through glass, on such
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fireworks or pyrotechnics.
Section 7. No fireworks and/or pyrotechnics of any kind or nature
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shall be displayed, sold, or offered for sale in any open place in front
of any place of business, or in any doorway, or upon any sidewalk or
within fifty (50) feet of any gasoline filling station or any bulk oil
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or gasoline station or plant.
Section B. It shall be unlawful for any person to throw fireworks
of any kind from any vehicle of any kind, or into any vehicle of any
kind, nor shall any fireworks be thrown from any building or structure.
No fireworks shall be eelploded or used within three hundred (300) feet
of any hospital, or within any business district in the City of Salina.
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Section 9. It shallbe unlawful for any parent, guardian, or other
person having the care or custody of any mmnor, to either furnish or
give to such minor at any time, any of the fireworks and/or pyrotechnics
or other arti6 les describes in paragraph 1 hereof, as prohibited being
sold within the City of Salina, or to furnish or give to any minor any
fireworks and/or pyrotechnics not prohibited under the provisions of
Section 1 hereof, at any time, except upon the days when such fireworks
and/or pyrotechnics are permitted to be sold within the corporate limitw
of the City of Salina, under the provisions of this ordinance.
Section 10. The stock of fireworks and/or pyrotechnics of any
merchant or dealer of the City of Salina shall be subject to inspection
by inspectors designated by the Chief of the Pire Department of the
City of Salina, at any time, and if Laid stock shall be found to comply
with the provisions of this ordinance, upon application a license shall
be granted for the sale thereof, and the same shall be issued by the
City Clerk upon the payment of the license fee under the conditions
provided for in this ordinm ce. If said stock of fireworks and/or
pyrotechnics, or any portion thereof shall be found to be in violation
of the provisions of this ordinance, then such portion of said stock
of fireworks, kept in violation of the provisions of this ordinance,
shall be subject to confiscation, and no license shall be issued to
any such person keeping such stock of fireworks and/or pyrotechnics
for the sale of any fireworks during such calendar year when said
person so owning such stock, shallviolate the terms of this ordinance,
as herein provided, and it shall be unlawful for any person or persons,
company or corporation, so violating the provisions of this ordinance,
to display and/or sell any fireworks and/or pyrotechnics of any kind
or nature.
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Section 11. `the possession, storing, transportation, displaying
for sale, selling, offering for sale, giving away, discharging,
firing, or using of any of the fireworks, pyrotechnics, or other
articles mentioned in Section 1 of this ordinance, at any place tinL thin
the City of Salina or within three rules from the city limits of the
City of Salina by any person, firm or corporation is hereby declared
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to be a nuisance and any such nuisance shall be abated by injunction
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or otherwise as provided for in Section 13-1417, General Statutes of
Kansas, 1935; Provided that the remedy provided for in this section
is in addition to any penalty provided in this ordinance for the
violation of its provisions.
Section 12. Any person, firm or corporation, who shall be found
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guilty of violating any of the terms or provisions of this ordinance,
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shall upon conviction be adjudged guilty of a misdemeanor, and be
fined in any sum not exceeding Twenty-five Dollars (y�25.00) or be
imprisoned in the City jail not exceeding ten (10) days.
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Section 13. If any section or provisions or part thereof in this
ordinance shall be adjudged invalid or unconstitutional, such ad-
judication shall not affect the validity of the ordinance as a whole
or of any section, provisions or
part thereof, not adjudged invalid
or unconstitutional.
Section 14. This ordinance shall take effect and be in force
from and after its passage and publication in the book of Revised
Ordinances of the City of Salina.
Introduced, September 11, 1939
Passed, September 18, 1939
Ed Morgenstern
aMayor
Attest; Chas. E. Banker
City Clerk
STATE Or KANSAS )
SS
C OUITY Or SALI�iE )
I. Chas. E. Banker, City Clerk of the City of Salina, Kansas, do
hereby certify that the above End foregoing is a true and correct copy
of 0rdinance No. 4950 passed and approved by the Board of Corimissioners
of the City of Salina Sept ember 18, 1939; and a record of the vote on
its final adoption is found on page �, Journal No. lJ1_._
City Clerk
( c�u�alished in 3ook of Devised Ordinances, City of "alines
Ali. CIS :r,A C re ulatin the -possession, offeri_nr, for sale, sale,
�T n€ away, and use of fireworks, blank cartrid- es, pistols
or other devices, or other devices from w1iich blank cartridges
rna t)e fired, ani?/or other pyrotechnics, providing for a license
for persons, firms, or corpora.tions, engaggin- in the sale of
fireworks or pyrotechnics not prohibited Lly the t -arms of this
ordinance and providing penalties for the violation of the
terns hereof; defining certain nuisances and pi,ovidirig for
the abatement thereof.
B'; IT O-I)kl:'''?D by the Board of Cor.L, issioners of the City of Salina,
Kansas:
Section 1. That from and after the l)assa,re of tY�is ordinance,
it shall be unlawful for any person, firm or corj)ort..tian to have
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n ?iis ,ossessinn, store, transt,ort, display for sale, sell, offer
for sale, gi^e array, discharge, fire and/or l se any of t? -e follow-
ing, at an -r time within the corporate limits of ti -ie City of Salina€a,
Kansas:
1. Any fireworks containing; any e.:plosive consisting of
chlorate of potash and sulphur.
2. :'i< er chasers or squibs, including all ty,es of f iretirorks
that travel on the ,";round.
3. organ candles, beyond 12 balls.
4. All firecrackers and salutes over three inches in length
and/or snore than 5/6 incIl in diarieter.
5. All snakes or magic snakes or s olt devi.ls which con -tai
mercury, phosphorus, or other -poisonous compounds.
6. plank cartridges, aramnition canes, unprotected hang. er t --,.,,e
single cap pistols.
7. ,any salute or aerial display, customarily fired from a
rnc,tor, i_nc'�urling -parachutes �it?Z flares attached.
Pistols, of other devices f"or, 'which blank ca_rtrld-es ria
y
be f ireO.
9. Sky '?ockets.
10. 1:11 bombs, repeatin'; tanks, and toy cannon.
11. Round, globe, or spherical salutes.
12. Torpedoes other t= an self-consumiri,; type.
15. Lot air balloons carrying fLnme.
14. Paper caps containin more than 35 ;rains of explosive.
15. S arkler. s beyond 20 inches in length.
16. All fireworks containing white or yellow phospliorus.
Section 2. It shall be unlawful for any such _person, firm off`
colOora, on to Cist)la-,r for sale, sei_, or. offer for sale, any fire-
work:s and/or , rotechnics, includ.i_n sparklers, vTnich 446 not pro-
hib ited to be sold der Section 1 of th' s ordir,anc� , wit' out first
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h.avin" obtained a licens ,. rom t'_ze City Clerk,,-` Before any such
license is issued said al)plica for sue'le"license shall .ay to the
City Clerk a 1icense fee of One Do� �.�{. (.;;,1.00) . S ;.ch license fee
s ha.7.1 b r, (171-e. ,,_ r# .ry�y
and payable on or efore the"'"SQth day of June of each
year, and no license sha' e issued after stl=i_c "'�a�tA. A separate
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license s1iallbe re(lti ed for each and every place fr6?!i-,.wh-Lch the
applicant for .ricense desires to sell fireworks and/or Lp j 4otechnics,
which lice e shall be displayed -i_n a conspicuous _)lace in the page
o' b _Hess in which such fireworks and/or pyrotechnics are to be
ld.
Section 3. TTo f irevvorks and/or pyrotec:nnics, tkie sale of trhich
is not prohibited under the y -)revisions of this ordinance skull be
sold or offered for sale, e: -,cent during; the 4t, -L of Jt 11- and the
three (3) business ,i.ays iYrTMiediately precedin- said date. It small be
unlawful for any person, firm or corporation to sell or offer for
S.le, any fireworks and/or pyrotechnics on the first day of the %veek
corn.�only called ",sundae" . 1.°here the 4th of July falls u-pon Sunda-
then
unda then such fireworks and/or pyrotechnics may be sole?_ aeon the 5th dais
of July.
Section 4. TTo fire%,orks and/or pyrotechnics, tli.e sale of which
is not prohibited under Section 1 of this ordinance, shall be kept
or stored ari�rvahere°rithin the corporate limits of the City of Salina
at any time other than from the tenth day of June to the tenth day
of Jul�r inclusive, of each gear. TTo person, firm or con. ;Donation.
s�iall �.eep or store any fireworks and/or pyrotechnics for � Ole
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sale or for sale other than retell trade, within the cor:)orate
1`,_.r+its of t}1e Cit -,T of Sa.'_:L.la.
;''>ect son 5. To firevorks, and/or pyrotechnics shall be fii ec?,
exploded, and/or i.ised -� ithin the corporate limits of the City of
Sal'_na, except durin that period of time conniencin at 6 o' clock
P. ., on the 3rd day of July, and ending at 12 0' clocl� r idni`;ht
on the 4th day of July, except ;here the 4th clay of July f alts upon
Sunday, Hien such fireworks and/or pyrotechnics may be e imploded
and/or used fron 6 o'clock P. on the 3rd day of July, u D to 12
o' clock midnight on t' ---e 5th dayof ,; Jul. Provided, hoti.evcr, that
t' -e hoard of Corr-.issioners, of the City of Sa-_'na, rlay i emit the
d solay of fireworks, -Which includes t )e presenting of complete
p;,Trotechnical dis )lays or the s111-_ootin- of aerial reports or bomb
s cells ,:ander the direction of an e7cpert o2e.,i,ator, vilr,.ich —splay or
t'ie shootinM, of aerial re ,)ori;s or bor;ib shells, shall be carried_ out
under si_l.c1i conditions as :nay be prescribed by the Cl..ty l anaEer of
Salina, as shall in his opinion not be hazardous to surrounding
pro_)erty or clan eroaas to any person or oersorts.
Sect; on 6. TTo fireworks and/or pyroteclln:ics sl(lall be stored.,
kept, or displayed in the window of any store building or any other
bui:_.d.inr, wherein the sun is permitted to shi :e t`r)rourh :o -lass, on
stitch firewor!s or. y)-Nrrotechnics.
Section 7. No fireivorks and/or pyrotechnics of �-,n- «ind or
nature s'Ab.11 be displayed, sole, or offered. for s,+Ie in any ' pen
Olace in front of any place of business, or in any doorvrt-11.7, or ul)on
ani- side a�1k or L�ithin -7'ifty (50) feet of any gasoline fillip; sta-
tion or any bulk oil or Casoline station or i)D.-.nt.
ueCti01 • it shall be unlawful for any person to t7 rov-v fire-
v-.Torks of an -r ',Ind from any ve l.icle of any kind, or into any vehicle
of any Lind, nor shall any f'ireivorks be thrown from any building
or structure. No fireworks shall. be exploded or used within three
hundred (300) fejt of any hospital, or vi'_thin any "c)ueiness dis-
trict in. the City of Salina.
Secti.�_)n 9. It shall be unle iful for any parent, �;uGrdian,
or other )erson ihavinlr the ca -'e or custod. of anv minor, to either
furnish or --ive to such minor at any time, any of the fire: orris
and/or pyrotechn'Lcs or other articles described in para raph 1
hereof, as )rohibited boln-, sold within the City of 3alin.a, or
to furnish or ive to any minor any fireworks and/or pyrotechnics
not orobibited finder the provisions of ,vection 1 r)ereof, at any
time, except )ipon the days ,,,nen such fire:vorks and/or pyrotechnics
are )err�itted to be sold. ,ithin the cor -or�a.te 11-i3_ts of the Cit;;
of Zalina, _tin(qer the i)rovisions of this orcl inance.
Section 10. The stock of firejVr)rks and/or o-rotechni.cs of any
merchant or dei 1Pr of the City of :�Ialina shall be subject to in-
spectl_on by inspectors d.esil-neAed b77 the Chief of the lire
ment of the Cit:T of 3al_i_na, at any time, and if' said stocr" s'rhall
be found to comply with th the provisions of this ordinance,, )zy)on
a, -),plication a license shall be ;ranted for the sale tliercof, and
the sane shall be i s sued_ by the City Clerk upon t -he p ayrlent of the
11 -cense fee under the conditions ~)rovided for ' n th:i s or,? roan: ce .
If said stock of fire,.corks and pyrotechnics, or any )->rtion
thereof shall be found to be in violation of the provisions of tl-,i s
ordi nance, then such portion of said stock of fireworks, kept in
violation of the ))rovis:i.ons of this ordinance, sl --all he subject to
confiscation, 2:1.rid no license s11,i11 be issued to any si.ic l )er son
. eo-oLnZ sl1Ch stock of firelvorks and/or ;r rotecl nIcs, ''or the,
-)f C.Llrin such calendar gear vv_"len. said y)erson so ownin`
such stock, shall violate the terT,is of this ord.-11,hance, as 1�_erein
provided, and 71t shill be urilewful .for any ��rSOn Or ..)ersonS, CO"1")any
or cor)i)oranon, so violating,; the i)rovisions of this r dinancn, to
ryisplay and/or sell any fire.iorks and/or pyroteciin' cs of ani-,
or nature.
Section 11. The possession, storim/, t=E&Syort ion,
J18y±a/12/ for Sale, sellin-, offerim for sale, giving
CiecSa'yiR/, /iris/, or Rain/ of a1/f' the fi2e2oy2S, g/»o-
teoInnioe, or other articles sentioned in -notion l of this
or412Ence Rt env 21po9 sithin the Cit? o£ SaiT2k oy 9Tthin
throe 3Lles £Do! the city li«Tts o£ the Sit/ of Salina t/
any per.-;on, fire 02 corporation 1s IcyeS/ Qe01eyed to to a
nu18:loe and m!/ such nuisance spall to bates, b/ injunction
of oto>evise ae Provided for iE Section I3-1417, .neral
Statutes, of &m-Isar I933; Provided tSRt the remo47 yyovided
for In t218 section is 1n R661tio2 to X37 gebelt/ grovided
IS t52s o»412aGoe foe t»e 21olation of its gro718;ons.
Section 12. Any person, firm or corporation, who shall
be found guilty of violating any of the terms or provisions
of this ordinance, shall upon conviction be adjudged guilty
of a misdemeanor, and be fined in any sum not exceeding Twenty-
five Dollars (;25.00) or be impr1soned in the City jail not ex-
ceeding ten (10) days.
Section 13. If any section or provisions or part thereof
in this ordinance shall be adjudged invalid or unconstitutional,
such adjudication shallnot affect the validity of the ordinance
as a whole or of any section, provisions or part thereof, not
adjudged invalid or unconstitutional.
Section 14. This ordinance shall take effect and be in
force from and after its passage and publication in the book of
Revised Ordinances of the City of Salina.
Introduced, September 11, 1930
Passed,
Attest:
City Glerk
Septeriber 1B, 1930
Mayor