Article 4. Fireworks

6.4.1.     Fireworks.

Except as hereinafter provided, it shall be unlawful for any person to sell display, detonate, discharge, and/or ignite fireworks as defined by the regulations of the Fire Marshal of the State of Kansas, within the corporate limits of the City.

6.4.2.     Permit to sell or transfer fireworks; purpose.

The purpose of issuing a permit for the sale or transfer of fireworks pursuant to this Article is to permit a location for the sale of fireworks within the City while controlling the inconvenience, interference with pedestrian and vehicular traffic and danger to the public that may arise from the unregulated placement of said sale location(s).

6.4.3.     Sale or transfer of fireworks; permit required.

It shall be unlawful for any person to sell, display for sale, offer to sell or give away any type of fireworks with the City without first qualifying for and paying the appropriate permit fee per establishment or premises. To qualify, each applicant must complete an application and remit a permit fee to the City Clerk prior to May 5th of the year for which such permit is requested. All references to “permit” within this Article shall refer to a permit issued pursuant to this section, unless specifically identified as a “Public Display Permit.”

(Ord. 697; Code 2023)

6.4.4.     Permit fee.

The permit fee is based upon the total square footage of the tent, shed or other structure where fireworks are to be sold or displayed for sale. The permit fee for a tent, shed or other structure with a total square footage of up to 2500 square feet shall be $2,500.00. The permit fee for a tent, shed or other structure with a total square footage in excess of 2500 square feet shall be a sum equal to one (1) dollar per square foot. The permit fee shall only be refundable upon failure of the applicant for permit to qualify for the permit.

6.4.5.     Public display of fireworks; permit required.

It shall be unlawful for any person to give or provide a fireworks display for the public or for organized groups without first obtaining a public display permit from the City of Bel Aire. The City shall not review an application for a public display permit until the Sedgwick County Fire Marshall has reviewed and approved the application. Said application for a public display permit shall be submitted to the City at least 30 days in advance of the desired public display, and shall be approved in accordance with the provisions of 6.4.11, except all applications will be submitted to the Governing Body at the first meeting after the applicant has met all requirements of submission of the application. No public display permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $1,000,000.00 for each occurrence including damage to vehicles, naming the City of Bel Aire as additional insured and providing for both workers compensation, which is written by an insurance carrier licensed to do business in Kansas. Insurance certificate shall not be cancelled by insured or insurer until written notice is provided to the City Clerk of the City of Bel Aire. In the event of cancellation of the insurance prior to the display, the public display permit shall automatically be revoked and void. Presenting a fireworks display after insurance has been cancelled shall be a violation of this code, and may be prosecuted as an unclassified misdemeanor in accordance with this Article. The application for the public display permit shall clearly state:

The name of the applicant.

The group for which the display is planned.

The location of the display. Shall include:

Address of the grounds upon which the display is to be held;

A diagram of the grounds on which the display is to be held. The diagram must indicate distances from the point of discharge of fireworks to:

the perimeter of the grounds,

to all structures located upon the grounds,

all structures on abutting properties within 500 feet of the point of discharge,

all abutting streets points of ingress/egress to the grounds, and

the area at which the audience will be located.

The date, time and duration of the display.

The nature or kind of fireworks to be used.

The name of the person, firm or corporation that will make the actual discharge of the fireworks.

The name of the person, firm or corporation that will discharge the fireworks. Must present a valid firework operators certificate issued by the State of Kansas Fire Marshal’s Office.

Anticipated need for police, fire or other municipal services.

No public display permit shall be issued if in the opinion of the Sedgwick County Fire Marshall the location, nature of the fireworks or any other relevant factor creates a hazard, risk of harm, or risk of damage to persons or property.

Prior to approval of any public display permit application, the Sedgwick County Fire Marshall shall have the power to issue reasonable rules and regulations for the granting of said public display permit. City law enforcement and the Sedgwick County Fire Marshall are authorized to terminate a fireworks display event if the event operator or party responsible for fireworks detonation violate any such rules and regulations.

The Chief of Police of Bel Aire, Kansas, shall review the application to determine whether police or security shall be required as a condition of approval of the public display permit. Such review shall include determination of traffic control concerns, and identifying and preventing concerns arising from individuals watching the display in unsafe areas located off the display grounds. All costs of security or additional policing requirements shall be borne by the event operator.

Only those persons actually approved as operators by the Fire Marshall shall handle or discharge any fireworks at such a public display.

Fireworks displays shall be completed by midnight on Fridays and Saturdays and 11:00 pm Sunday through Thursday nights.

Public display permit fee shall be $250.00 per application. Such fee shall be refunded if the public display permit is not issued.

No individual, business, or organization shall receive more than one permit for public display of fireworks per calendar year. To limit negative impacts upon abutting properties, a site for a public display of fireworks shall only be authorized for a public display of fireworks once annually. The City shall limit the number of public display permits to four annually.

A permit authorizing a public display of fireworks shall hereby require that the permittee remove all trash and debris from the property associated with the public display of fireworks, including both trash and debris generated by the display itself as well as by the attendees to the event.

6.4.6.     Location inspection.

Prior to issuance of the permit, an inspection will be made of the applicant’s facility for compliance with this Ordinance and other pertinent laws, and no permit shall be issued for any premises not in compliance with such laws. Each location where fireworks are to be sold or displayed for sale shall be inspected by and subject to the standards imposed by the Sedgwick County Fire Marshal. The City Clerk may only issue a permit pursuant to the Ordinance upon proof that the premises have passed the required inspection by the Sedgwick County Fire Marshal.

6.4.7.     Location safety.

Approval of all safety precautions and equipment at the sales location shall be by the City Manager or his/her designee, in conjunction with the Sedgwick County Fire Marshal. Safety precautions and equipment shall include fire extinguishers and such other equipment as required by applicable state and city laws and regulations. Fireworks shall not be stored or sold with fifty (50) feet of any source of flame, sparks, or flammable or volatile liquids in excess of one gallon. If housed in a tent, the tent shall be constructed of a flame retardant material, with a certificate of such flame retardant attached. Any electrical cords shall be appropriately protected from damage by weather, the public and automobiles. 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 except as allowed by the City Manager at the written request of the Permittee. Any items sold under this exception must be approved by the City Manager prior to any sale taking place.

6.4.8.     Location parking.

Each location where fireworks are to be sold shall provide for the public not less than ten (10) off street vehicular parking spaces, in addition to any necessary employee parking.

6.4.9.     Permit display.

Upon qualifying for the permit, the Permittee shall conspicuously post, and prominently display the same along with the Sedgwick County Fire Marshal inspection receipt at the establishment or premises where fireworks are to be sold or displayed for sale.

6.4.10.     Permit application.

Applications for permits to sell or transfer fireworks shall not be accepted before the first business day of January of the year for which the permit is to be issued. The City shall only issue four permits to retail establishments or premises to sell or transfer fireworks in any calendar year. Permits will be awarded based upon the standards set forth within this Chapter. Priority of approvals shall be based upon the date upon which the application was received by the city clerk. No individual, business or organization shall receive more than one permit per calendar year.

6.4.11.     Application process.

All applications shall be on a form determined by, and include the information requested by, the City Clerk. The appropriate permit fee, in certified funds, must accompany each application. The City Clerk of the City shall present all applications received to the Governing Body of the City at the first meeting in March or the first meeting after receipt of the application, whichever is later. Subject to a determination by the Governing Body that said applicant has met all the requirements set forth within the application and this Article, including a determination as to the appropriateness of the proposed site and the availability of a permit, a permit shall be issued. The City Clerk shall notify each applicant by first-class mail whether said applicant was successful in obtaining a permit within ten(10) business days of the determination by the Governing Body. The permit fee submitted by all unsuccessful applicants shall be returned with the notice that said applicant was not successful in obtaining a permit.

6.4.12.     Insurance.

Each vendor shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $500,000 per occurrence, with the City of Bel Aire, 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 the vendor upon less than thirty (30) days’ notice.

6.4.13.     Permittee indemnification.

Each vendor shall at all times indemnify the City of Bel Aire, Kansas, its officials, representatives, designees and employees, and shall defend, 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, representatives, employees, contractors and designees.

6.4.14.     Permit revocation.

Any permit holder violating any provisions shall first be issued a warning by the police department, and on any second or subsequent violation of this article, the police department shall revoke the permit for sale and terminate the sale of fireworks by the violator. Any action deemed extremely negligent or reckless by the Chief of Police may result in immediate revocation of the permit to sale fireworks. No refund of permit fee shall be refunded in association with any permit revoked for violation of this Article, the permit, or the fire code of Sedgwick County, Kansas.

Any permit holder whose permit is revoked hereunder may appeal to the City Manager 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. The City Manager may, when in his/her discretion such action is appropriate, impose additional safety requirements upon a vendor prior to reinstating a revoked permit. The determination of the City Manager shall be final.

6.4.15.     Permittee disqualification.

No permit shall be issued or renewed to a holder who has been revoked hereunder in a prior year or 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.

6.4.16.     Sale times and location.

Any permit holder who has first obtained a valid permit to sell fireworks under this Article may sell fireworks only between the hours of 8:00 a.m. and 10:00 p.m., at the permitted establishment or premises location, from June 27th through July 4th of that same year. Such solicitation, sale, and transfer of fireworks shall be permitted only at the site of the establishment or premises inspected and approved by the Sedgwick County Fire Marshall in accordance with section 6.4.6 of this Article.

6.4.17.     Detonation times and location.

Fireworks, which may be displayed, detonated, discharged, and/or ignited within the city limits shall only be those devices commonly known as fireworks as defined by the regulations of the Fire Marshal of the State of Kansas. Individuals age fourteen (14) and older, and individuals under the age of fourteen with adult supervision, may detonate fireworks permitted under this Article beginning at 9:00 a.m. June 27th, and ending at midnight when July 4th falls on a Friday or Saturday, and 11:00 p.m. when July 4th falls on a Sunday – Thursday. Fireworks may be detonated at a private residence, with the permission of an adult residing at that residence, or within the authorized shooting area as described by a Resolution of the Governing Body. However, no firework may be displayed, detonated, discharged, and/or ignited in a manner that may cause personal injury or property damage. Any adult granting permission to detonate fireworks shall clear the front yard of that private residence and all adjacent public right-of-way areas of all debris arising from the detonation of the fireworks before 10:00 p.m. on July 5th of that same year.

(Ord. 697; Code 2023)

6.4.18.     Emergency conditions.

Upon the determination of the City Manager and based upon recommendations of staff, the discharge of fireworks may be limited, suspended or prohibited within the city limits of the city even during those times generally permitted by this article. Such determination shall be made if it appears to the City Manager that the discharge of fireworks constitutes an immediate hazard to the safety of property or persons within the city. Such limitation, suspension or prohibition shall be by emergency proclamation, signed by the City Manager, which shall be publicized, including posting the City’s website, and physically posted at the City Hall. 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 posting. The Mayor is hereby equally empowered to issue any such proclamation.

6.4.19.     Penalty.

Any person, whether acting on his or her own behalf, or that of any group or organization, who violates any section of this Article shall be deemed to be guilty of an unclassified misdemeanor, and shall upon conviction, be punished by a fine of not more than $500 or imprisonment of not more than thirty (30) days, or by both such fine and imprisonment. The municipal court judge may also impose restitution for physical damages arising out of such violations as appropriate. Restitution under this article shall be limited to $500.00.