CITY OF TROY, KANSAS
ORDINANCE NO. 682
AN ORDINANCE RELATING TO FIREWORKS IN THE CORPORATE LIMITS OF THE CITY OF TROY; PROVIDING EXCEPTIONS TO THE GENERAL PROHIBITION OF THE DISCHARGE OF FIREWORKS IN THE CITY; DEFINING CERTAIN OFFENSES AND PROVIDING PENALTIES FOR A VIOLATION THEREOF; REPEALING ORDINANCE NO. 681 OF THE CITY OF TROY AND REPEALING ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:
SECTION 1. FIREWORKS PROHIBITED
It shall be unlawful for any person, firm or corporation to keep, store, display for sale, fire, discharge or explode any fireworks as defined by the rules and regulations of the Kansas State Fire Marshall, within the City of Troy except as is provided in Sections 2 and 3 below.
The term “Fireworks” shall include firecrackers, torpedoes, sparklers, Roman candles, skyrockets, pin wheels, cap or toy pistols (except not more than .25 grams of explosive mixture), canes, bombs, cannons or other like devises and all classes of fireworks that may be shot into the air or propelled over the ground by explosive dischargers or any device using blank cartridges.
A. Regardless of any provisions in this ordinance to the contrary it shall be
unlawful for any person, persons, firm or corporation to sell, deliver, give away or discharge or cause to be discharged, bottle rockets or any fireworks which are prohibited for use or sale in the State of Kansas by applicable Federal or State law or regulation.
B. Regardless of any provisions in this ordinance to the contrary it shall be
unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained permission thereof from the City of Troy.
C. Regardless of any provisions in this ordinance to the contrary it shall be
unlawful for any person, firm or corporation to explode or fire any fireworks in or about any motor vehicle or near any animal.
D. Regardless of any provisions in this ordinance to the contrary it shall be
unlawful for any person, firm or corporation to explode or fire any fireworks within five hundred (500) feet of any business dealing in the retail sale of gasoline or petroleum products.
SECTION 2. EXCEPTIONS RELATING TO DISCHARGE OF FIREWORKS.
Fireworks may be discharged in the City of Troy if such discharge is on private property, with the consent of the property owner, and if such discharge is on the dates and at the times hereinafter specified, to wit:
(1) On July 1 between the hours of 8:00 AM and 10:00 PM unless said date is a Friday or a Saturday. If July 1 is a Friday or Saturday then between the hours of 8:00 AM and 12:00 AM (midnight).
(2) On July 2 between the hours of 8:00 AM and 10:00 PM unless said date is a Friday or a Saturday. If July 2 is a Friday or Saturday then between the hours of 8:00 AM and 12:00 AM (midnight).
(3) On July 5 between the hours of 8:00 AM and 10:00 PM unless said date is a Friday or a Saturday. If July 5 is a Friday or Saturday then between the hours of 8:00 AM and 12:00 AM (midnight).
(4) On July 3 and July 4, no matter what day of the week said dates may be, from 8:00 AM until 12:00 AM (midnight).
(5) If July 4th is on a Monday, Tuesday, Wednesday or Thursday then on the Saturday immediately preceding the 4th and the Friday and Saturday immediately following the 4th between the hours of 8:00 AM and 12:00 AM (midnight).
(6) If July 4th is on a Monday, Tuesday, Wednesday or Thursday then any Tuesday, Wednesday or Thursday immediately following the 4th between the hours of 8:00 AM and 10:00 PM.
(7) If July 4th is on a weekday (Monday-Friday) then on the Sunday immediately preceding the 4th and the Sunday immediately following the 4th between the hours of 8:00 AM and 10:00 PM.
SECTION 3. EMERGENCY BAN RELATING TO DISCHARGE.
Notwithstanding any of the provisions contained in this Ordinance there shall be no firing or discharge of any fireworks in the City at any time the Governing Body, in
cooperation with the fire department serving the City, shall by resolution determine that weather conditions or local circumstances make such firing and discharge of fireworks hazardous.
SECTION 4. PENALTY.
Any person, firm or corporation violating any provision of this ordinance, shall, upon conviction thereof, be punished by a fine not to exceed Five Hundred Dollars ($500).
SECTION 5. EFFECTIVE DATE.
This ordinance shall be in force and take effect from and after its publication in the official City newspaper.
SECTION 6. REPEALER.
Ordinance No. 681 and all other ordinances and parts of ordinances of the City of Troy, Kansas in conflict herewith are hereby repealed.
PASSED by the Council and APPROVED by the Mayor on the 7th day of January, 2014.
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Robert Jenkins, Mayor
Attest:
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Jane M. Boeh, City Clerk
