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HomeMy Public PortalAboutOrd 485 Regulating Fireworks (First Published in the /94' //2 /ev on the i'7 day of //6 v. 2009.) THE CITY OF BEL AIRE, KANSAS ORDINANCE NO. 485 AN ORDINANCE REGULATING FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF BEL AIRE, KANSAS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 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 of Bel Aire, Kansas. Section 2. Permit Purpose The purpose of issuing a permit for the sale of fireworks pursuant to this Ordinance is to permit a location for the sale of fireworks within the corporate limits of the City of Bel Aire, Kansas, while controlling the inconvenience, interference with pedestrian and vehicular traffic and danger to the public that could be caused by the unregulated placement of said location. Section 3. Permit Required It shall be unlawful for any person to sell, display for sale, offer to sell or give away any type of fireworks within the City of Bel Aire, Kansas without first paying the appropriate permit fee per establishment or premises to the City Clerk of the City of Bel Aire, Kansas and applying for and securing a permit therefore at least 10 days in advance of the date sales are to commence. Section 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 1 $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 dollar(s) ($1.00) per square foot. The permit fee shall only be refundable upon failure of the Permittee to qualify for the permit. Section 5. Permit Location A permit shall be only issued for undeveloped land. No permit shall be issued for any location where retail sales are not permitted under the zoning laws. Additionally, based upon inconvenience, interference with pedestrian and vehicular traffic and danger to the public, it has been determined that only four (4) establishment(s) or premise(s) may be located within the undeveloped land of the City of Bel Aire, Kansas where retail sales are permitted. Section 6. Location Inspection Prior to the issuance of a 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 of the City of Bel Aire, Kansas may only issue a permit pursuant to the Ordinance upon proof that the premises has passed the required inspection by the Sedgwick County Fire Marshal. Section 7. Location Safety Approval of all safety precautions and equipment at the sales location shall be by the City Administrator 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 within 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 Administrator of the City of Bel Aire, Kansas, at the written request of the Permittee. Any items sold under this exception must be approved by the City Administrator prior to any sale taking place. 2 Section 8. Location Parking Each location where fireworks are to be sold or displayed for sale shall provide at least ten (10) off street vehicular parking spaces. Section 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. Section 10. Permit Application Applications for permits to sell fireworks shall not be accepted before the first business day of January of the year for which the permit is to be issued. A preference will be extended to an application with proceeds supporting a not for profit organization within the City of Bel Aire, Kansas or an activity sponsored by the City of Bel Aire, Kansas. To exercise this preference, the applicant must apply for a permit before the first business day of March of the year for which the permit is to be issued. Thereafter, applications will be accepted on a first come first serve basis for a permit that remains un- issued. Section 11. Application Process All applications shall be on a form determined by, and include the information requested by, the City Clerk of the City of Bel Aire, Kansas. The appropriate permit fee, in certified funds, must accompany each application. The City Clerk of the City of Bel Aire, Kansas shall present all applications received to the Governing Body of the City of Bel Aire, Kansas 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 of the City of Bel Aire, Kansas, that said applicant has met all the requirements set forth herein, 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 of the City of Bel Aire, Kansas shall notify each applicant by first class United States Mail whether said applicant was successful in obtaining a permit within ten (10) business days of the determination by the Governing Body of the City of Bel Aire, Kansas. The permit fee submitted by all unsuccessful applicants shall be returned with the notice that said applicant was not successful in obtaining a permit. 3 Section 12. Permittee Insurance Each Permittee 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 Permittee upon Tess than thirty -days notice. Each Permittee shall also 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 the Permittee upon less than thirty days notice. Section 13. Permittee Indemnification Each Permittee 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 Toss 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 Permittee and Permittee's customers, representatives, employees, contractors and designees. Section 14. Permit Revocation Any permit holder violating any provisions of this Ordinance shall, upon the first violation of this Ordinance, be issued a warning by the Bel Aire Police Department. On any second or subsequent violation of this Ordinance, the Bel Aire Police Department shall revoke the permit for sale and terminate the sale of fireworks by the violator. Any permit holder whose permit is revoked hereunder may appeal to the City Administrator of the City of Bel Aire, Kansas by notice served upon the City Clerk of the City of Bel Aire, Kansas, and a hearing shall be called and held not Tess than 24 hours from the date of the filing of such notice of appeal. The determination of the City Administrator of the City of Bel Aire, Kansas shall be final. Section 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. 4 Section 16. Sale Times Fireworks permitted under this Ordinance shall be sold only between the hours of 8:00 a.m. and 10:00 p.m. from June 27 through July 4th Section 17. Detonation Times and Location Fireworks, which may be displayed, detonated, discharged, and /or ignited within the corporate limits of the City of Bel Aire, Kansas, shall only be those devices commonly known as fireworks as defined by the regulations of the Fire Marshal of the State of Kansas. Individuals who are at least 14 years old and under the age of 14 years old with adult supervision may detonate fireworks permitted under this Ordinance between the hours of 9:00 a.m. and midnight on July 4 if the 4 falls on a Friday or Saturday and between 9:00 a.m. and 11:00 p.m. if the 4 falls on a Sunday Thursday at a private residence, with the permission of an adult living at that residence, or within the authorized shooting area as described by a Resolution of the Governing Body of the City of Bel Aire, Kansas. However, no firework may be displayed, detonated, discharged, and /or ignited in a manner that may cause personal injury or property damage. The adult granting permission to detonate fireworks at a private residence shall clear the front yard of that private residence and all adjacent public right -of -way of all debris from the detonation of the fireworks before 10:00 p.m. July 5th Section 18. Emergency Conditions Upon the determination of the Mayor and based upon recommendations of the city 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 Ordinance. Such determination shall be made if it appears to the Mayor 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 Mayor, which shall be publicized and posted at the Bel Aire 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. In the absence of the mayor, the then serving President of the Council shall be empowered to issue such proclamation. Section 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 Ordinance shall be deemed to be guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not more than $500 or imprisonment of not more than 30 days, or by both such fine and imprisonment. 5 Additionally, fireworks illegally displayed, detonated, discharged, and /or ignited pursuant to the provisions of this Ordinance may be confiscated by an officer of the Bel Aire Police Department. Section 20. Effective Date This Ordinance shall take effect and be in force from and after publication in the official city newspaper. Passed by the City Council this 17 day of November, 2009. Approved by the Mayor this 17 day of November, 2009. MAYOR, HA OLD 7 S IT SEAL ATTEST: CITY CLERK, VICKI/BRADFORD 6