Except as hereinafter provided, it shall be unlawful for any person to entity to sell or discharge fireworks, as defined by the regulations of the Fire Marshall of the State of Kansas, within the city limits of Potwin, Kansas.
(Code 1990, Ord. 707)
Upon application to the City Clerk, a permit to sell fireworks maybe to the granted upon the following conditions:
(a) All applications for a permit to sell fireworks shall be submitted to the City Clerk at least 10 days prior to the granting of such permit. No permits shall be granted prior to March 1 of the year in which fireworks will be sold pursuant to such permit.
(b) Approval of the location upon which fireworks are to be stored and/or sold, provided, however, that no such location shall be within 75 feet of another location measured structure and provided further that each such location upon which fireworks are to be sold. Fireworks shall not be stored or sold within 50 feet of any source of flame, sparks or flammable or volatile liquids in excess of one gallon, except in stores where cleaners, paints and oils are handled in sealed containers only. A description of each location shall be provided to an approved by the Fire Chief of the City of Potwin, Kansas, prior to the issuance of a permit.
(c) Approval of all safety precautions and equipment at each sales site by the Fire Chief; such precautions to include fire extinguishers and such other equipment as required by applicable state laws and regulations.
(d) Each vendor shall obtain a policy of general comprehensive liability insurance for a minimum of coverage of $500,000 per occurrence, with the City of Potwin, 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.
(e) Each vendor shall obtain a policy of product liability insurance for a minimum coverage of $500,000 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.
(f) Each vendor shall at all times indemnify and hold harmless the City of Potwin, Kansas, its officials, agents and employees, 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.
(g) All fireworks stored or sold shall be of the type allowed by applicable state laws and regulations.
(h) Payment of a permit fee in the amount of $200 per sales site to the City Clerk.
(i) At the time of issuance of any permit, each vendor shall deposit with the City Clerk the sum of $100 to reimburse the City for the cost of clean-up. Any amount of the deposit not used shall be returned to the vendor.
(j) All permits to sell fireworks issued pursuant to this section shall be in writing, shall contain thereon such restrictions as may have been imposed by the Fire Chief and shall be permanently displayed at each location upon which the fireworks are to be sold.
(k) No permit shall be issued or renewed to a vendor 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, may constitute sufficient grounds for the rejection of an application for a permit. Additionally, any permit application may be denied by the City of Potwin, Kansas.
(l) Sale hours shall be as follows:
10:00 am to 10:00 pm June 27 through July 3
10:00 am to midnight July 4
10:00 am to 10:00 pm July 5
(m) All advertising signage shall be as per City zoning regulations.
(Ord. 707)
The discharge of State Fire Marshall approved fireworks within the City of Potwin, Kansas, is permitted only at the following times and dates:
10:00 am to 10:00 pm June 27 through July 3
10:00 am to midnight July 4
10:00 am to 10:00 pm July 5
(Ord. 707)
Notwithstanding any other provisions set forth herein, special permits for public firework displays may be issued by the Fire Chief upon such terms and conditions as it shall deem appropriate to insure public safety.
(Ord. 707)
Upon the determination of the Fire Chief, the discharge of fireworks may be terminated and prohibited within the City limits of the City of Potwin, Kansas, upon the finding by the Fire Chief that said discharge constitutes an immediate hazard to the safety of property or persons within the City of Potwin, Kansas. Upon such determination that the discharge of fireworks constitutes an immediate hazard, the Governing Body may by resolution and publication prohibit the discharge of fireworks, or in the case of an emergency situation, the Mayor of the City of Potwin, Kansas, is empowered to issue a proclamation prohibiting the discharge of fireworks for not more that forty-eight (48) hours following said proclamation, which shall be publicized and posted at the City Hall of Potwin, Kansas.
(Ord. 707)
The violation of any provision of this article shall be punishable by a fine not to exceed $500 and/or imprisonment for not more than one (1) year and/or revocation of any permit to sell fireworks. Also, any permit holder violating any provision of this article shall first be issued a warning by the City Fire Chief and on any second or subsequent violation; the Fire Chief shall revoke the permit for sale and terminate the sale of fireworks by the violator. Any permit holder whose permit is revoked may appeal to the Governing Body by notice served upon the City Clerk, and a hearing shall be called and held not less that twenty-four (24) hours from the date of the filing of such notice of appeal. In the event of a violation of this article, the Fire Chief shall have the authority to 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 article or possessed or owned by any person for discharge.
(Ord. 707)