(A) Consumer fireworks, as described in KRS 227.702, are legal for sale provided all federal and state requirements are met in addition to the requirements of this chapter.
(1) Any person, firm, co-partnership, nonprofit, or business intending to sell consumer fireworks within the city limits of Murray shall meet the requirements of KRS 227.715.
(2) Permanent business establishments open year-round and in which the sale of consumer fireworks as defined in KRS 227.702(1), is ancillary to the primary course of business shall register annually with the Murray Fire Marshal, who may assess a fee of $25 for each site at which fireworks shall be sold.
(3) A seasonal retailer shall register with the Murray Fire Marshal, who may assess a fee of $100 for each site at which fireworks shall be sold.
(4) Permanent fireworks establishments intending to sell consumer fireworks as defined in KRS 227.702(2) and (3), shall register with the Murray Fire Marshal, who may assess a fee of $250 for each site at which fireworks will be sold.
(5) The annual registration required by this section shall be received by the Murray Fire Marshal's Office at least 15 days prior to offering fireworks for sale at the site for which the registration is intended. Evidence that a permit has been obtained from the State Fire Marshal shall be presented as a condition of registration. If the registration is received less than 15 days prior to offering fireworks for sale at the site for which registration is intended, an additional assessment of $100 shall be added to the initial fee;
(6) Sites at which fireworks are to be sold shall pass a Fire Safety Inspection conducted by the Murray Fire Marshal's Office prior to issuance of a certificate. Each site shall be assessed a separate inspection fee in accordance with § 96.02(C).
(7) Each site at which fireworks are offered for sale shall have its state and local registration certificate displayed in a conspicuous location at the site;
(8) The Murray Fire Marshal may revoke the registration of any site which is in violation of a requirement of KRS 227.715 or § 92.72.
(9) A person lawfully possessing consumer fireworks, as defined as "Ground or Handheld Sparkling Devices" in KRS 227.702(1), may use those items if:
(a) Fireworks are not ignited within 50 feet of a structure.
(b) Those under 18 years of age are supervised by an adult.
(10) A person lawfully possessing consumer fireworks, as defined as aerial devices or audible ground devices in KRS 227.702(2) and (3) may use those items if:
(a) He or she is at least 18 years of age;
(b) Fireworks are not ignited within 200 feet of any structure, vehicle, or any other person.
(B) Public displays of fireworks/ sales of display fireworks.
(1) Sale or use of display fireworks shall meet the requirements of KRS 227.710 and this section.
(2) The Fire Chief, Fire Marshal or Mayor may grant permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals.
(3) Permit applications shall be filed with the Murray Fire Marshal's office at least 15 days prior to the date of the display. Permit applications filed less than 15 days prior to the date of display will be assessed a $100 fee. For the purposes of this division, "public display of fireworks" shall include the use of pyrotechnic devices or pyrotechnic materials and flame affects before a proximate audience, whether indoors or outdoors.
(4) Permits shall be issued upon compliance with application requirements and NFPA 1123, 1124 and 1126.
(5) Any person remaining within the display fallout area shall be identified as licensed by the ATF, or an employee thereof, or be an assistant in training to become a competent display operator. All persons remaining within the display fallout area shall be at least 18 years of age.
(6) No permit shall be issued unless the applicant shall give bond or evidence of liability insurance in a sum not less than $1,000,000. However, the local Fire Chief, Fire Marshal or State Fire Marshal may require a larger amount if in their judgment the situation requires it, conditioned for the payment of all damages which may be caused thereby either to a person or to property by reason of the permitted display, and arising from any acts of the licensee, his agents, employees or subcontractors.
(7) The Fire Chief or Fire Marshal may revoke a permit for the "public display of fireworks" if any of the provisions of this section, or state and federal regulations, are not followed.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99