That the City of Park City Kansas, desires to provide its citizens their freedom of choice, to purchase and discharge fireworks in celebration of our country’s birth, if it is their desire, while at the same time requiring personal responsibility and encouraging safety during the discharge of such fireworks.

(a)   Except as hereinafter provided, it shall be unlawful for any person to sell or discharge fireworks as defined by the regulations of the Fire Marshall of the State of Kansas or as defined in subsection (b) hereof within the City of Park City, Kansas. Fireworks that may be sold, displayed, detonated, discharged, and/or ignited within the city limits of Park City, shall only be those devices commonly known as fireworks legal for sale within the State of Kansas unless prohibited in subsection (b) hereof. The discharge of fireworks within the City of Park City, Kansas shall be permitted only between 8:00 A.M. and 10:30 P.M. June 27th through July 2nd. On July 3rd and July 4th the discharge of fireworks will be permitted between the hours of 8:00 A.M. to Midnight.

(b)   It is unlawful to sell, offer to sell, or to possess with the intent to sell or offer to sell an aerial luminary. It is unlawful to ignite, fire, set-off or otherwise use an aerial luminary. An “aerial luminary” is defined as a sky lantern or a floating lantern and includes any airborne paper object containing a device for fuel that heats air from the inside causing the object to rise into the air and remain airborne until extinguished or any other unmanned free floating device which includes a flame or other heating device to heat air as a lifting mechanism.

(Ord. 1079; Code 2021)

No fireworks may be discharged on city-owned property, including parks, ball parks, parking lots, or other similarly describable property owned by the City of Park City, Kansas, unless as an organized fireworks display/show expressly authorized by the City Council. Furthermore, persons may discharge fireworks only on one’s own property and if one is a guest of residents of Park City, then an adult member of the household hosting said guest must provide direct supervision of said discharge, except that an adult host may not serve as the supervising adult for a visiting age thirteen (13) or under guest unless such guest is also supervised by his or her parent or guardian.

Anyone within the corporate city limits of Park City, Kansas, subject to the restrictions on the location of discharge set forth herein, above age fourteen (14) or older, may discharge fireworks. Anyone under the age of fourteen (14) years may not engage in the discharge of fireworks unless under direct supervision of his or her parent/guardian or adult family member.

Notwithstanding the foregoing, the sale and discharge may in any given year, be prohibited under special circumstances, including but not limited to a state-wide ban on burning and/or fireworks detonation, unseasonably dry weather or other conditions creating a danger to the public’s health and safety. If such special circumstances are determined by the Mayor and based upon recommendations by the City’s Chief of Police and/or Director of Economic Development, the discharge of fireworks may be limited, suspended or prohibited within the City of Park City, Kansas, even during those times generally permitted by this title of the Code. Such limitation suspension or prohibition shall be by emergency proclamation signed by the Mayor, which shall be publicized and posted at the City Hall of Park City, Kansas and other locations within the City as deemed appropriate, for the notification of the public. If thereafter circumstances occur which minimize or eliminate the hazardous condition resulting in such proclamation, the proclamation may be rescinded or modified by subsequent proclamation with similar postings. In the absence of the Mayor or in the event that the Mayor’s ability to issue such proclamation(s) is impaired due to a conflict of interest; the City Council President shall be empowered to issue such proclamation(s).

It shall be unlawful to sell, display for sale, offer to sell or give away any type of fireworks to the public, within the city limits of Park City, without first securing the required fireworks vendor permit. Upon completion of a fireworks permit application to the City of Park City, a permit to sell fireworks may be granted upon the following conditions:

(a)   Applications for permits to sell fireworks shall be submitted at least ten (10) days in advance of the date that sales are to commence. No permits shall be granted prior to June 19 of the year in which fireworks will be sold pursuant to such permit. An application for permit to sell fireworks shall be submitted to the City during normal working hours, and shall be filed with the City Clerk, Said application shall be accompanied by a fee of $1,000.00 for a fireworks stand of 400 square feet or less; $6,000.00 for a fireworks stand of more than 401 square feet. The square footage shall be determined by the interior dimension measurements of the physical structure of the stand/tent/building.

(b)   No permit shall be issued for any location where retail sales are not permitted under the applicable city zoning regulations; provided, however, the governing body may grant a waiver of such zoning requirements if it finds that no harm to the general health, safety and welfare of the community and surrounding properties will result from the grant of a permit for a location where retail sales are not permitted under the applicable zoning regulations. If the place where such fireworks are sold is not owned or leased by the applicant, there shall be filed with said application a written statement by the owner or owners of such place their consent to the sale of fireworks at such place by the applicant on the days indicated in the application. No sales of fireworks shall occur at any location, building, structure, tent, or other similarly describable enclosure in conjunction with the retail sales of non-fireworks related items.

(c)   Each permit is applicable at only one location with such location to be determined by the governing body. Any permit to sell fireworks issued pursuant to this section shall be in writing and shall be accompanied by such restrictions as may have been imposed by the governing body and shall be prominently displayed at the location upon which the fireworks are to be sold. Fireworks may be sold starting June 27th and ending July 4th, with hours of sale permissible during that time commencing at 8:00 AM. Central Daylight Time and terminating 10:30 P.M. Central Daylight Time, except that the sale of fireworks may continue through and until 12:00 midnight on the evenings of July 3rd and 11:00 p.m. July 4th. Any fireworks stand utilizing lighting to assist in the sale of its product shall use electrical only and shall further only use Teflon coated or equivalent bulbs to lessen the chance of bulb explosion.

(d)   Each stand or permit location must be equipped with a mounted 3 foot by 3 foot visible sign advising buyers of the rules relating to the use and discharge of fireworks in the City of Park City as set forth in subsection (m) below.

(e)   All fireworks stored or sold shall be of the type allowed by applicable state laws and regulations. Approval of the location upon which fireworks will be stored and/or sold shall be determined by the Director of Code Enforcement or his/her designee, provided however that no such location shall be within 150 feet of another permit location, measured structure to structure. If a tent is used for the construction of the fireworks stand, the material must be of a flame-retardant type.

(f)    Safety precautions and safety equipment must be provided, as the governing body shall deem necessary for the protection of the public. Fireworks shall not be stored or sold within 50 feet of any source of flame, sparks, or flammable or volatile liquids. Approval of all safety precautions and equipment at each sales site shall be performed by the Director of Code Enforcement, County Fire Department representative or other personnel deemed appropriate by the governing body.

(g)   Each vendor shall also furnish at his own expense and without cost to the City, such flag person and attendants as are necessary to ensure the orderly parking of vehicles around each sale site, and shall in no way interfere with the normal flow of traffic on public streets.

(h)   Each permit location must be equipped with a minimum of two (2) five-pound ABC Dry Chemical fire extinguishers and other equipment as required by applicable state laws and regulations. Provided further that each such location upon which fireworks are to be sold shall provide for the public not less than (1) off-street parking stall per 40 square feet of sales structure floor area with adequate ingress and egress aisles.  No smoking or alcoholic beverages are allowed on a permit location.

(i)    Each vendor shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $1,000,000 per occurrence, with the City of Park City, Kansas named as an additional insured and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by vendor upon less than thirty (30) days notice.

(j)    Each vendor shall obtain a policy of product liability insurance for a minimum coverage of $1,000,000 per occurrence for products sold and/or stored within the city by the vendor, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancelable by vendor upon less than thirty (30) days’ notice.

(k)   Each vendor shall at all times indemnify the City of Park City, Kansas, its officials, agents and employees, and shall save and hold them harmless, from and against any and all claims, actions, damages, liability and expense, including but not limited to attorneys’ and other professional fees, in connection with loss of life, personal injury and/or damage to property arising from or out of the storage, sale, discharge and/or transportation of fireworks by such vendor and vendor’s customers, employees, contractors and agents.

(l)    No permit shall be issued to a holder who has failed to demonstrate financial responsibility. In this regard and by way of illustration, evidence that the holder of a permit has failed to pay the cost of merchandise when due, failed to pay costs associated with leased land or facilities when due, or failed to pay wages of employees when due in connection with sales of fireworks in prior years whether in this City or elsewhere, may constitute sufficient grounds for the rejection of an application for a permit.

(m) Fireworks may be discharged in the City of Park City only if done in accordance with the following:

(1)   No fireworks may be discharged anywhere in Park City, other than on one’s own property.

(2)   Any resident under the age of fourteen (14) years of age may discharge fireworks only under the direct supervision of his or her parent/guardian or adult family member.

(3)   A guest of a resident of Park City may discharge fireworks only if an adult resident of the City provides direct supervision of such discharge of fireworks. An adult resident may not serve as the supervising adult for a guest under the age of fourteen (14) unless such guest is also supervised by his or her parent or guardian.

(4)   No fireworks may be discharged on city-owned property, including parks, ballparks, parking lots or other city-owned areas. They may not be fired on any city streets or on private property other than property owned or rented by an adult resident discharging or supervising the discharge of fireworks.

(5)   Fireworks may be fired only between 8:00 A.M. and 10:30 P.M. June 27th through July 2nd, and 8:00 A.M. to Midnight on July 3rd and July 4th.

(Ord. 846; Ord. 1085; Code 2021)

Notwithstanding any other provisions within this Title of the Code, special permits may be issued by the governing body for fireworks displays upon such terms and conditions, as they shall establish.

Any permit holder violating any provision of this Article shall first be issued a warning by the Park City Police Department, and on any second or subsequent violation of the same provision of this Article, the City of Park City Police Department shall revoke the permit for sale and order the permit holder to immediately cease the sale of fireworks. Any permit holder whose permit is revoked hereunder may appeal to the governing body of the City of Park City, Kansas by notice served upon the City Clerk, and a hearing shall be called and held not less than twenty-four (24) hours from the date of the filing of such notice of appeal.

Any person convicted of a violation of any provision of this Article relating to the sale of fireworks, shall be subject to a fine not to exceed $2,500.00 and/or imprisonment for not more than one year and/or revocation of any permit to sell fireworks.

The violation of any provision of this Article relating to the regulation of the discharge of fireworks shall be punishable by a fine of not more than Two Hundred Fifty Dollar ($250.00) and/or the forfeiture of any and all fireworks that were then in the possession of the offender, and not more than fifteen (15) hours of community service, as well as court costs.