Independence Day is right around the corner! I thought it might be helpful if I posted some of the relevant Clay Center fireworks ordinances. Take note that fireworks may be discharged in Clay Center from June 27th through July 2nd from 9am until 9pm and July 3rd and 4th from 8am until 12am. Be safe, respect your neighbors and have fun.
7-401 FIREWORKS DEFINED. For purposes of this ordinance, 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 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.
7-402 FIREWORKS PROHIBITED.
(a) Except as provided in Sections 7-406; it shall be unlawful for any person to keep, store,
display for sale, fire, discharge or explode any fireworks.
(b) Nothing in this ordinance shall be construed as applying to:
(1) Toy paper caps containing not more than .25 of a grain of explosive composition
(2) The manufacture, storage, sale or authorized use of signals necessary for the safe
operation of railroads or other classes of public or private transportation;
(3) The military or naval forces of the United States or of this state while in the
performance of official duty;
(4) Law enforcement officers while in the performance of official duty, or
(5) The sale or use of blank cartridges for ceremonial, theatrical or athletic events.
7-403 SAME: EXCEPTIONS; DISCHARGES.
(a) Section 2 of this ordinance shall not apply to the firing or discharge of fireworks in
the City between the hours of 8:00 a.m. and 12:00 midnight on July 3'd and July 4th.
(b) Section 2 of this ordinance shall not apply to the firing or discharge of fireworks in
the City between the hours of 9:00 a.m. and 9:00 p.m. from June 27th through July 2nd.
(c) 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 a character and so located, discharged and
fired as shall not be a fire hazard or endanger persons or surrounding property.
(d) It shall be unlawful for any person, firm or corporation to give any public display
of fireworks without having first obtained a permit thereof. (01/2010)
7-404 SAME: EXCEPTION; SALE OF FIREWORKS. Any person who has first obtained a valid
pennit to sell fireworks within the City may do so between the hours of 8:00 a.m. and
12:00 midnight commencing June 27th of each year and ending at midnight July 5'h of each
Chapter 7 - Article 4 - Page 1 Codified January 2010
7-405 PERMIT FOR SALE OF FIREWORKS REQUIRED; FEE; ISSUANCE.
(a) It shall be unlawful for any person to sell, display for sell, offer to sell or give away any
type of fireworks within the City without first paying a fee of $100.00 per establishment or
premises to the City Clerk and applying for and securing a permit therefor on or before
June 25th of the permit year.
(b) No permit shall be issued for any location where retail sales are not permitted under the
zoning laws. Prior to the issuance of the pei mit, an inspection will be made of the applicant's
facility for compliance with this chapter and other pertinent laws, and no permit shall be
issued for any premises not in compliance with such laws. Upon qualifying for the permit, the
permittee shall prominently display the same at the establishment or premises where fireworks
are to be sold or displayed for sale. The permit fee shall not be refundable upon failure to
qualify for the permit or withdrawal or cancellation of the application or permit.
7-406 PERMIT FOR PUBLIC FIREWORKS DISPLAY REQUIRED.
(a) 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 permit to do so by making application on or
before June 14, 2004, and thereafter, at least 30 days in advance of the desired display.
Approval of the permit shall be by the governing body. No permit shall be approved unless
the applicant furnishes a certificate of public liability insurance for the display in a minimum
amount of $500,000.00 written by an insurance carrier licensed to do business in Kansas,
conditioned as being non-cancellable except by giving 10 days advance written notice to the
City Clerk. In the event of cancellation of the insurance prior to the display, the permit shall
automatically be revoked and void.
The application for the permit shall clearly state:
(1) The name of the applicant.
(2) The group for which the display is planned.
(3) The location of the display.
(4) The date and time of the display.
(5) The nature or kind of fireworks to be used.
(6) The name of the person, firm or corporation that will make the actual discharge of
(7) Anticipated need for police, fire or other municipal services.
(b) No permit shall be issued if the location, nature of the fireworks or other relevant factor is
such as to create an undue hazard or risk of harm or damage to persons or property.
7-407 APPROVED FIREWORKS; BOTTLE ROCKETS PROHIBITED.
(a) All fireworks offered for sale and discharged within the City shall be of a type that has
been tested and approved for sale and use within the state by the state Fire Marshal.
(b) Bottle rockets and other similar self-propelled firework or fireworks devices consisting of
a tube and attached guiding stock or rod shall not be sold or discharged in the City.
7-408 DISCHARGE ON STREETS AND PUBLIC PROPERTY PROHIBITED. It shall be
unlawful for any person to discharge, ignite or fire any fireworks upon any public street, alley or
avenue or in any park or public place within the City.
7-409 THROWING PROHIBITED. It shall be unlawful for any person to throw, cast or propel
fireworks of any kind in the direction of or into the path of any animal, person or group of persons, or
from, in the direction of or into any vehicle of any kind.