City of Troy, Kansas                                  Created Jan 14, 2011

AN ORDINANCE RELATING TO FIREWORKS IN THE CORPORTE LIMITS OF THE CITY OF

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:

SECTION 1.   FIREWORKS PROHIBITED. 

          a.             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 except as is provided in Sections 2 and 3 below.

1. The term “Fireworks” shall include without limitation through enumeration, 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 discharges or any device using blank cartridges.
2. 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.

SECTION 2.  EXCEPTION RELATING TO DISCHARGE.  (a)  It shall be unlawful for any person or persons to fire or discharge any fireworks in the City EXCEPT on private property, with the consent of the property owner, between the hours of 8:00 A.M. and 10:00 P.M. on July 1, July 2, July 3 and July 5, and between the hours of 8:00 A.M. and midnight on July 4, each year, each year.

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 and shall not be a fire hazard or endanger persons or surrounding property.

1. It shall be unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained permission therefore from the City of Troy.
2. 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.
3. 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 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 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 of not to exceed $500.00.

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. 221 and all other ordinances and parts of ordinances of the City of

in conflict herewith are hereby repealed.

PASSED by the Council and APPROVED by the Mayor on the 17^th day of May, 2005.

Leonard Clary, Mayor

Attest:

Jane M. Boeh

City Clerk