Section
Fireworks
92.001 Definitions
92.002 Prohibition
92.003 Sale of fireworks
92.004 Permanent retail fireworks permit
92.005 Signs required
92.006 Ancillary retail fireworks permit
92.007 Revocation of permit
Fire Prevention Code
92.020 Fire Prevention Code adopted
92.021 Designated enforcement officer
92.022 Fire lane parking
Blasting; Flammable Containers
92.035 Blasting permit
92.036 Storage of flammables and other matter
Fireproofing Commercial Garages
92.050 Definitions
92.051 Fireproof construction required
92.052 Volatile inflammable liquids to be kept in safety cans; portable filling tanks
92.053 Electrical charging apparatus
92.054 Smoking prohibited
92.055 Sand to be used to absorb waste oils on floor for fire extinguishing purposes
92.056 Chemical fire extinguishers
92.057 Inflammable waste materials to be deposited in self-closing metal cans
92.058 Calcium carbide to be maintained in airtight containers of noncombusitble material
92.059 Regulations to be posted
Hauling Dangerous Substances
92.070 Definitions
92.071 Operators to notify Fire Department of transporting within city
Open Burning
92.085 Permit required for open fire
92.086 Permit required for burning on construction or demolition sites
92.087 Location and containment of open fires
92.088 Constant attention to open fires required
92.089 Garden hose or fire extinguishment devices required
92.090 Authority to prohibit open fires
Smoke Detectors
92.100 Definitions
92.101 Smoke detection required
92.102 Type and placement of smoke detectors
92.103 Providing, installing and maintaining smoke detectors
92.104 Supplemental standards
92.105 Enforcement
92.106 Final action and appeals
92.107 Emergency order
92.999 Penalty
Cross-reference:
Fire Department, see Ch. 38
FIREWORKS
For the purposes of this subchapter 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. Has the same meaning as in KRS 227.702.
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 or ancillary fireworks retailer and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any consumer fireworks.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023)
The use or sale of fireworks, including consumer fireworks, is prohibited in the city except in accordance with the provisions of this subchapter.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012) Penalty, see § 92.999
Subject to applicable zoning regulations, federal, state and local law, and the provisions of this subchapter:
(A) Ancillary fireworks retailers shall be permitted to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, those fireworks described in KRS 227.702(1) when such sales are ancillary to its primary course of business;
(B) Permanent fireworks retailers shall be permitted to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, any consumer fireworks as their primary course of business: and
(C) Seasonal fireworks retailers shall not be allowed to offer for sale, expose for sale, sell at retail or wholesale, or keep with the intent to sell, any fireworks, at any time or place.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012) Penalty, see § 92.999
Permanent fireworks retailers shall obtain and keep in force a city issued permanent retail fireworks permit (the “permanent permit”) under the following terms and conditions:
(A) Applications for the permanent permit shall be submitted to the Ludlow Police Department at least 15 days prior to the applicant’s desired effective date for the permit, on a form approved by the city. All applications must include a detailed site plan for the proposed location.
(B) Applicant shall provide proof of registration with the State Fire Marshall in accordance with the applicable provisions of KRS Chapter 227.
(C) The application must be endorsed by the Planning and Development Services of Kenton County indicating that the proposed location on the application is zoned appropriately for the conduct of the business.
(D) Applicant shall obtain an occupational license from the city.
(E) Applicant shall 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) Applicant shall 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, currently adopted edition) and all other applicable state, federal or local laws or regulations.
(G) Applicant shall not allow any person under 18 years of age to sell consumer fireworks.
(H) Applicant shall not give, offer for sale, or sell any consumer fireworks to any person under 18 years of age.
(I) Applicant shall 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.
(J) If the permanent permit is not renewed, it shall automatically expire 365 calendar days after its effective date, or upon a date on which the applicant no longer qualifies as a permanent fireworks retailer as defined herein, whichever occurs earlier. The permanent permit may be renewed for successive 365 calendar day periods so long as the applicant continues to qualify for issuance of the permanent permit. Applications for renewal periods shall be made to the Ludlow Police Department on forms approved by the city. The fee for the initial permit period, payable at the time of application, shall be $3,000. The fee for any subsequent permit period, payable at the time of application shall be $1,000.
(Ord. 2012-6, passed 5-10-2012; Am. Ord. 2012-10, passed 6-26-2012; Am. Ord. 2023-13, passed 10-12-2023) Penalty, see § 92.999
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