For purposes of this article, the term fireworks shall mean those items as defined by the rules and regulations of the Kansas state fire marshal, and shall include but not be limited to: firecrackers, torpedoes, sparklers, Roman candles, sky rockets, pin wheels, cap or toy pistols (except such pistols or any like device designed to discharge paper caps containing not more than .25 of grains of explosive mixture), canes, bombs, cannons or other like devices and all classes of fireworks that may be shot into the air or propelled over the ground by explosive discharges or any device using blank cartridges.

(Code 1986)

(a)   It shall be unlawful for any person to engage in the business of selling fireworks within the corporate limits of the City without first obtaining a license.

(1)   Any person desiring to sell fireworks within the City shall apply for a license with the City Clerk. The application must be received in written form on an application furnished by the City Clerk. The application must be received no later than the close of business on April 1st of each year. If April 1st falls on a non-business day, application must be received no later than the preceding Friday.

(2)   The application shall be referred to the Fire Chief who shall review all the plans submitted with the application and inspect the proposed sale site. The Fire Chief shall approve or deny the application by May 1st of each year.

(3)   At the time of the filing of the application, a fee of $20.00 for each fireworks sale facility shall be paid to the City Clerk.

(4)   If as a result of the investigation, the Fire Chief approves of the plan for sale of fireworks, he shall endorse upon such application approval thereof before returning such application to the City Clerk, who shall immediately issue to the applicant a license to sell fireworks. Said license shall be prominently displayed at the sale site.

(b)   Fireworks stands are prohibited from all but the following zoning districts within the city; Office and Service Business District (C-1), Restricted Commercial District (C-2), General Commercial District (C-3), Central Business District (C-4). Any fireworks stands located in permanent structures must comply with City of Lakin Zoning Regulations.

(c)   Fireworks stands shall be constructed according to administrative regulations and must not be located on, or interfere with streets, sidewalks, or utility facilities. Temporary Structures must be removed by July 6th of each year.

(d)   Sale of fireworks will be permitted within the city limits each year from June 27th through July 5th. All licenses for sale of fireworks shall be renewed annually.

(e)   The Fire Chief shall implement administrative regulations pertaining to the sale of fireworks, in accordance with state statutes, county resolutions and local ordinances as adopted by the Lakin City Council. These regulations may be amended from time to time, regarding the type of sale facility and all related safety code requirements, which are hereby incorporated by reference. The regulations will be available for review at the Lakin Administrative Center and will be provided to all applicants.

(Ord. 806; Ord. 823; Code 2018)

(a)   The firing or discharge of fireworks shall be permitted within the city limits between the hours of 8:00 a.m. and 10:00 p.m. on the following dates: June 27th through July 3, and July 5th. On July 4 the firing or discharge of fireworks shall be permitted between the hours of 8:00 a.m. and 12:00 midnight. No fireworks shall be fired or discharged at any time in the following zoning districts within the city; Office and Service Business District (C-1), Restricted Commercial District (C-2), General Commercial District (C-3), Central Business District (C-4), Light Industrial District (I-1), Heavy Industrial district (I-2) and Public Use District (P).

(b)   The governing body of the city may, in its discretion, grant permission at any time for the public display of fireworks by responsible individuals or organizations when such display or displays shall be of such character and so located, discharged and fired as shall not be a fire hazard or endanger persons or surrounding property.

(Ord. 806; Ord. 823; Code 2018)

The chief of the fire department is authorized to seize and confiscate all fireworks which may be kept, stored or used in violation of any section of this article, and all rules of the state fire marshal. He or she shall dispose of all such fireworks as may be directed by the governing body.

(Ord. 756)