Section
Fireworks
93.01 Title
93.02 Definitions
93.03 Use and sale of fireworks
93.04 Fireworks in city limits
93.05 Seasonal and permanent fireworks retailers
93.06 Fireworks permit
93.07 Ancillary fireworks retailers
Fire Prevention
93.20 Adoption of Kentucky Fire Prevention Code (Standards of Safety)
93.21 Designated enforcement officer
93.22 Appeal process
93.23 Saving clause
93.24 Storage of flammables and other matter
Open Burning
93.35 Restrictions on open burning
93.36 Controlled burning
93.37 Location and containment of open fires
93.38 Permit required for burning on construction or demolition sites
93.39 Constant attention to open fires required
93.40 Authority to prohibit open fires
93.99 Penalty
Cross-reference:
Explosives, see Ch. 99
FIREWORKS
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AERIAL OR AUDIBLE CONSUMER FIREWORKS. Those consumer fireworks described in KRS 227.702(2) and (3) only.
ANCILLARY FIREWORKS RETAILER. Any person, business entity, association or corporation of any kind, which is open to the public year round and at least 20 calendar days per month, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell only those fireworks as described in KRS 227.702(1) and which such sales are ancillary to its primary course of business.
CONSUMER FIREWORKS. Shall have the same meaning as in KRS 227.702.
FIREWORKS. Shall have the same meaning as in KRS 227.700 except it shall not include those described in KRS 227.702(1).
PERMANENT FIREWORKS RETAILER. Any person, business entity, association or corporation of any kind which is open to the public year round and at least 20 calendar days per month, and, which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks as its primary course of business.
SEASONAL FIREWORKS RETAILER. Any person, business entity, association or corporation of any kind which is not considered a permanent fireworks retailer, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks described in KRS 227.702(2) and/or (3).
(Ord. 18-2013, passed 10-7-2013)
The use or sale of fireworks, including consumer fireworks, is prohibited except as set forth herein. The use or sale of any fireworks other than consumer fireworks, including display fireworks as defined in KRS 227.706, are subject to the applicable restrictions of state and federal law and are further prohibited at all times within the city without written approval of the city’s Chief of Police.
(Ord. 18-2013, passed 10-7-2013) Penalty, see § 93.99
Fireworks and consumer fireworks shall not be used, ignited, fired or exploded in the city limits, except as follows.
(A) Fireworks and consumer fireworks must be handled, stored, used, possessed and sold in accordance with all applicable federal, state and local law.
(B) Fireworks and consumer fireworks may only be used, ignited, fired or exploded between the hours of 10:00 a.m. and 10:00 p.m., except, that they may be used, ignited, fired, or exploded between the hours of 10:00 a.m. on December 31 to midnight on January 1, and also between the hours of 10:00 a.m. and midnight on the following dates or holidays: July 3, July 4 and Memorial Day.
(C) Notwithstanding any provision herein to the contrary, and regardless of the day of the week on which July 4 falls, persons may use, ignite, fire or explode fireworks or consumer fireworks on any date specifically named or designated by the City Council members as the date to celebrate Independence Day for the city, if other than the actual date of July 4 between the hours of 10:00 a.m. and midnight.
(D) No person may use, ignite, fire or explode any fireworks or consumer fireworks as defined in KRS 227.702(2) and (3) if they are under the age of 18, or within 200 feet of any structure, motor vehicle (whether operational or non-operational) or any person other than the person who is using, igniting, firing or exploding the fireworks or consumer fireworks as defined in KRS 227.702(2), or where the use of such fireworks places that person in violation of any other law, regulation or ordinance.
(E) These regulations shall not apply to public fireworks displays by the City of LaGrange properly in conjunction with police and fire departments.
(Ord. 18-2013, passed 10-7-2013) Penalty, see § 93.99
Seasonal fireworks retailers and permanent fireworks retailers within the city shall:
(A) Submit an application for a “retail fireworks permit” from the city’s Code Enforcement Officer, at least 15 days prior to the applicant’s desired effective date for the retail fireworks permit, on a form approved by the Chief of Police which shall, in addition to any requirements established by the Chief of Police or his or her designee, at a minimum require the submission of the name, phone number and permanent address of the applicant. In the event that the applicant desires to operate multiple locations, a separate application does not have to be submitted for each location, however, each location must have a separate firework sales permit. Additionally, all applications must include a detailed site plan for the proposed location, the address of the proposed location and contact information for the owner of the proposed location if other than the applicant;
(B) Provide proof of registration with the State Fire Marshal in accordance with the applicable provisions of KRS Chapter 227;
(C) Obtain a signature on the application from the County Planning Commission indicating that the proposed location on the application is zoned appropriately for the conduct of said business;
(D) Obtain a business license from the city;
(E) Provide a certificate of insurance or other valid proof of general liability insurance in an amount of not less than $1,000,000 per occurrence which shall remain in effect at all times while engaged in the permitted activity;
(F) (1) Pay a permit fee according to the following table:
Type of Applicant | Permit Fee | Permit Period |
Seasonal fireworks retailer | $1,000 per location | Automatically expires 60 calendar days after the effective date |
Permanent fireworks retailer | $3,000 per location | Automatically expires 365 calendar days after the effective date or upon a date in which the location no longer qualifies as a permanent fireworks retailer as defined herein |
Permanent fireworks retailer (renewal) | $600 per location | Automatically expires 365 calendar days after the effective date or upon a date in which the location no longer qualifies as a permanent fireworks retailer as defined herein |
(2) In the event that an applicant wishes to operate more than one geographical location within the city, each location must have a separate permit and each permit is subject to the applicable permit fee.
(G) Comply with all aspects of applicable provisions of KRS Chapter 227, the International Building Code with Kentucky Amendments (adopted edition), NFPA 1124 (National Fire Protection Association) and the city’s code of ordinances;
(H) Not allow any person under 18 years of age to sell consumer fireworks;
(I) Not give, offer for sale, or sell any consumer fireworks to any person under 18 years of age; and
(J) Not offer for sale, expose for sale or sell consumer fireworks except between the hours of 8:00 a.m. and 10:00 p.m.
(Ord. 18-2013, passed 10-7-2013) Penalty, see § 93.99
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