Bottle Rocket: means any pyrotechnic device which is classified as a class C explosive by the United States department of transportation under 49 C.F.R. and is mounted on a stick or wire, and projects into the air when ignited, with or without reports, and includes any device with the same configuration, with or without reports, which may be classified as a pipe or trough rocket. Bottle Rocket does not include helicopter-type rockets.

Consumer Fireworks (Class C, 1.4G Fireworks): shall mean any small firework device designed to produce visible effects by combustion and are classified as consumer fireworks UNO336, and UNO337 by the U.S. Department of Transportation at 49 C.F.R. 172.101 and 27 C.F.R. 555.11 as may be amended. Metal sparklers are specifically excluded from this definition of consumer fireworks.

Display Fireworks (Class B, 1.3G Fireworks): shall mean large fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and are classified as display fireworks UNO333, UNO3334, or UNO335 by the U.S. Department of Transportation at 49 C.F.R. 172.101 and 27 C.F.R. 555.11.

Firework Display: means a private or public production of display fireworks or articles pyrotechnic, or both, which are intended for use and designed to produce a visible or audible effects for entertainment purposes by combustion, deflagration or detonation.

Licensed Display Fireworks Operator: means a person licensed to operate an outdoor display of display fireworks.

Seasonal Retailer: means a person who receives consumer fireworks and sells, delivers, consigns, gives or otherwise furnishes consumer fireworks only to the public for their personal use and only during a firework season.

(Ord. 1512)

It shall be unlawful for any person, persons, firm or corporation to sell, offer for sale, or give away any Consumer Fireworks without first having paid to the city clerk the sum of $25, submit a valid certificate of insurance and secured a Seasonal Retailer license therefore.

(Ord. 1512)

(a)   It shall be unlawful to ignite or otherwise cause the discharge of any Consumer or Display Fireworks within the city limits of the City of La Cygne, Kansas at any time, except as provided in Section 6-204.

(b)   It shall be unlawful for any person to discharge, ignite or fire any Consumer Fireworks upon any alley, public park, or public property. Written permission from the property owner must be given to discharge, ignite or fire any Consumer Fireworks on privately owned commercial or industrial property.

(c)   Public or private Firework Displays may be held on public property if the location is approved by the City Fire Chief and Governing Body and the operator obtains a Firework Display Permit as defined in section 6-205 of this Article.

(d)   It shall be unlawful for any person to ignite or otherwise cause the discharge of any firework that is not a consumer firework or any firework which is prohibited by federal or state statute or regulation.

(e)   Further, it shall be unlawful to ignite or discharge fireworks into, under, or from any car, motorcycle or vehicle whether moving or standing.

(f)    It shall be unlawful for any person to recklessly or intentionally discharge, ignite or otherwise cause a firework:

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

(2)   To cause physical contact with another person or animal;

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

(4)   To ignite or otherwise cause the discharge of any firework(s) contrary to its normal intended use, instructions or directions.

(g)   All debris from the discharge of fireworks shall be cleaned up within a twenty-four (24) hour period.

(Ord. 1171; Ord. 1172; Code 2017; Ord. 1512)

It shall be lawful to discharge Consumer Fireworks, excluding bottle rockets or M-80s, in the City of La Cygne on the 27th day of June through 5th day of July between the hours of 6:00 a.m. and 12:00 a.m. (midnight).

(Ord. 1171; Ord. 1172; Code 2017; Ord. 1512)

It shall be unlawful for any person, persons, firm or corporation to discharge Display Fireworks without first obtaining a Firework Display Permit from the city clerk, submit a valid certificate of insurance, a copy of their Professional Outdoor Fireworks Operator/Display Operator Certificate and paying the fee of $25.

Firework Display events shall be discharged within the approved fenced area of the La Cygne Community Park Ballfield.

Applications for Firework Display events occurring outside of the Firework Season or not being held in the La Cygne Community Park Ballfield shall be submitted at least 30-days prior to the event for review and approval by the Governing Body and City Fire Chief.

(Ord. 1512)

During periods of extreme fire danger the Mayor may, by proclamation or order, prohibit the igniting, firing, setting-off, or otherwise discharging of all fireworks during Exempt Days as described in section 6-204. This decision will be based on consultation with representatives of the City Fire Department.

(Ord. 1407; Code 2017; Ord. 1512)

Before igniting, firing, setting-off, or otherwise discharging any fireworks, it will be the responsibility of every citizen to check with City Hall to determine whether any proclamation or order prohibiting or banning the discharge of fireworks is in place.

(Ord. 1407, Ord. 1512)

Any person violating the provisions of this Article will be fined the sum of at least $25.00 but not more than $500.00. The fire department chief or any city police officer may take into his/her possession any fireworks discharged in violation of the provisions set forth herein.

(Ord. 1171; Ord. 1172; Ord. 1407; Code 2017; Ord. 1512)