(a)   Retailer means any person, firm or corporation who is customarily engaged in the merchandising of fireworks and other commodities and who maintains a permanent place of business.

(b)   Vendor means any person, firm or corporation who is engaged in the sole or primary business of merchandising fireworks and related products in a temporary stand or location.

(c)   Fireworks means “consumer fireworks” for personal use as regulated by the Consumer Product Safety Commission (CPSC).

(Ord. 830; Code 1974, Chapter 8.32; Code 2014; Ord. 1189)

It is unlawful for any person, firm, or corporation to keep and store any fireworks within the corporate limits of the City of Oakley, Kansas, or to have any fireworks in his, her, or its possession, except such fireworks as may be defined as lawful by the Kansas State Fire Marshall.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014; Ord. 1189)

It is unlawful for any person, firm, or corporation to exhibit for sale within the corporate limits of the City of Oakley, Kansas, any fireworks at any time except from the 27th day of June, to the 5th day of July of each year, inclusive. It shall be unlawful for any person to discharge or set off any fireworks or pyrotechnics within the city limits between the hours of 12:00 midnight and 8:00 a.m. of any day on which it is otherwise lawful to fire or set off fireworks.

(Ord. 830; Ord. 946; Code 1974, Chapter 8.32; Code 2014; Ord. 1189)

It is unlawful for any vendor of fireworks within the corporate limes of the City of Oakley, Kansas, to sell or exhibit for sale any fireworks without first having obtained a local license for the City Clerk.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014; Ord. 1189)

(a)   No license shall be issued to any vendor of fireworks unless such applicant shall be at least 18 years of age, and unless such applicant has made application therefore at the office of the City Clerk, and unless such applicant shall tender the license fee to the City Clerk.

(b)   No license shall issue hereunder without a designation thereon of a precise location at which a vender intends to conduct business, which locations must be approved by the City Fire Chief.

(c)   Every license shall cause the license issued hereunder to be placed in plain view and in a conspicuous place on or within the licensed premises.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014; Ord. 1189)

There is hereby levied a license fee of each vender of fireworks, in the amount of $10.00, along with proof of liability insurance having a minimum coverage amount of $500,000.00. The license shall be valid for the period described in section 7-303, and no license fee or any portion thereof, shall be refunded for any reason.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014; Ord. 1189)

(a)   No vendor shall leave the licensed premises, while open for business, unattended or in the custody of any person or persons under the age of 16 years.

(b)   All retailers and vendors of fireworks shall display a copy of this ordinance at their business location during the times of sale of fireworks in a conspicuous place on the premises, which copy may be obtained free of charge at the office of the City Clerk.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014; Ord. 1189)

(a)   It is unlawful for any person, firm, or corporation to fire, discharge, or explode any fireworks or explosives within the corporate limits of the City of Oakley, Kansas, any fireworks at any time before the 27th day of June, and after the 5th day of July of each year, and between the hours of 12:00 midnight and 8:00 a.m. of any day on which it is otherwise lawful to fire or set off fireworks.

(b)   It is unlawful for any person or persons to fire, discharge, or explode any fireworks or explosives or any dangerously combustible material within the fire zone limits of the City of Oakley, Kansas, at any time. This area includes the school, hospital, Center Avenue from Front Street to 4th Street, and South Freeman from Front Street to Highway 40.

(c)   Any not-for-profit civic organization operating in the City of Oakley, may apply to the City Council for a special permit for a single, public fireworks display at the Logan County Fairgrounds, Railroad Depot or location approved by the Oakley City Council. Said application for special permit shall be made upon a form to be provided by the City Clerk’s office, and shall show (1) that the applicant has a special events liability insurance coverage as may be required by the city; (2) that is has arranged for the Oakley Fire Department to supervise said display, and (3) that the City Fire Chief shall have endorsed his acceptance of the department’s supervision of said display thereon.

(d)   All spectators of public fireworks display shall be a minimum of 600 feet from the firing zone.

(Ord. 830; Ord. 946; Code 1974, Chapter 8.32; Code 2014; Ord. 1189)

Any person, firm, or corporation violating any provisions of this ordinance shall upon conviction be fined not more than One Hundred Dollars ($100.00) or be imprisoned not to exceed thirty (30) days, or both such fine and imprisonment, in the discretion of the court, and each day’s continuance of such violation shall constitute a separate offense.

(Ord. 830; Code 1974, Chapter 8.32; Code 2014; Ord. 1189)