CHAPTER 7. FIRECHAPTER 7. FIRE\Article 3. Fireworks

Fireworks shall mean any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, or detonation.

(Code 1991; Ord. 1064)

It shall be unlawful for any person to possess, transport, ignite, discharge or cause to be discharged any fireworks in the city except as specifically permitted in this article.

(Code 1991; Ord. 1064)

Fireworks may be discharged with the city of St. John, Kansas:

(a)   On dates and at times set by the adoption of a resolution by the governing body to coincide with the July Fourth holiday.

(b)   On dates and times set by the adoption of a resolution by the governing body for the purpose of a public display of fireworks by individuals or organizations in the business of providing public displays of fireworks.

(c)   A person shall not recklessly or intentionally discharge, ignite or otherwise cause a firework:

(1)   To place another person in reasonable apprehension of immediate bodily harm;

(2)   To throw, cast or propel fireworks in the direction or into the path of any animal, person, or group of persons;

(3)   To cause physical contact with another person; or

(4)   To deface or damage real or personal property of another person without the consent of any such other person.

(d)   A person shall not ignite or discharge fireworks into, under, or from a car or vehicle, whether moving or standing still.

(e)   It shall be unlawful for any person to possess, ignite or otherwise cause the discharge of any firework that is prohibited by federal or state statute or regulation.

(f)   Adult supervision required.  It shall be lawful for a person under the age of 18 years to possess and discharge permitted fireworks when such person does so under adult supervision and in the physical presence of a adult over the age of 18.

(Ord. 1064)

(a)   It shall be unlawful for any person to sell, hold for sale, or offer for sale at retail, any fireworks in the city unless such person has first obtained a $10.00 permit from the city on or before June 25th of the permit year. 

(b)   No permit shall be issued for any location where the retail sale of fireworks would violate city zoning laws.

(c)   The permittee shall prominently display the permit at the establishment or on the premises where fireworks are to be sold or displayed for sale. 

(Ord. 1064)

Any person convicted of violating any of the provisions of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $100.00 to a maximum amount of $500.00 per violation.

(Ord. 1064)

Any fireworks in the immediate possession or control of a person violating any city ordinance controlling the use of fireworks may be confiscated by any sworn law enforcement office, the fire chief, or any member of the fire department who has been duly authorized by the fire chief.  Confiscated fireworks must be retained by the confiscating agency and may only be destroyed upon approval by the court.

(Ord. 1064)