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(A) The periods commencing on February 15 and ending on April 30 and commencing on October 1 and ending on December 15 of each year are hereby declared to be and established as the fire hazard seasons. During the fire hazard seasons, even though the precautions required by KRS 149.375 shall have been taken, it shall be unlawful for any person to set fire to, or to procure another to set fire to, any flammable material capable of spreading fire, except between the hours of 6:00 p.m. and 6:00 a.m., prevailing local time, or when the ground is covered with snow.
(B) This section shall not apply to fires which may be set for the purpose of burning plant beds.
(C) This section shall not apply to fires which may be set by competent and qualified employees of railroad, utility or pipeline companies in connection with the construction, operation or maintenance of railroads, pipelines, power lines or other projects in the public interest on rights-of-way used for such railroads, pipelines, power lines or other projects, and such fires shall be attended at all times and be extinguished before the employees of such railroad, utility or pipeline companies leave the vicinity of the fire.
(D) The Fire Chief or Fire Marshal shall have the authority to issue a ban on open burning anytime the atmospheric conditions or local circumstances make such fires hazardous. Including but not limited to: wind speeds greater than 15 miles per hour, the issuance of a "Red Flag Warning" from the National Weather Service or the National Forest Service.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
(A) Prior to burning, a citizen shall obtain a burn permit from the city Fire Department and shall provide the purpose of the burning; the nature and quantities to be burned; and the date and location of the burning.
(B) A burn permit shall not be required for fires set in outdoor fire places, chimaneas, and fire pits provided all requirements of § 92.58 are followed
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
(A) Factory built outdoor fire places; chimaneas and fire pits shall be installed, maintained, and used in accordance with the manufacturer's instructions or the International Mechanical Code.
(B) Masonry built outdoor fireplaces, chimaneas, and burn pits shall be constructed in accordance with the International Building Code.
(C) Outdoor fire places, chimaneas and fire pits shall be maintained in proper working condition free from any defects.
(D) The Fire Chief or his designee(s) shall prohibit burning which will be offensive or objectionable due to smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous. The Fire Chief or his designee(s) shall order the extinguishment, by the owner or the fire department, of any burning which creates or adds to a hazardous or objectionable situation.
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
FIREWORKS
(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
(A) The storage of consumer fireworks, display fireworks, or theatrical pyrotechnic devices, at retail, wholesale, storage, or manufacturing facilities shall be reported in writing to the Murray Fire Chief and Fire Marshal.
(1) The report shall be completed by the owner or lessee of the property or the supplier of the fireworks, and shall include the address of the facility, the location of the fireworks to be stored, a copy of the shipping bill, and whether they are consumer fireworks, theatrical pyrotechnic devices, or display fireworks.
(2) The initial report shall be submitted 15 days before storage begins for new businesses. The report for permanent business establishments open year round shall be updated annually and upon a change in location of the stored items.
(B) Seasonal retailers, as defined in KRS 227.715, shall submit, at least 15 days prior to opening for sale each year, a report to the Murray Fire Chief and Fire Marshal identifying:
(1) The address where the sales will be taking place;
(2) The address where the fireworks will be stored; and
(3) A description of how the fireworks will be stored. Only one report is due if the seasonal retailer stores the same product at the same location for both the June 10 through July 7 and December 26 through January 4 seasons.
(C) Failure to submit a report required under this section shall be cause to cease and desist operation of the facility or site until such time as the required information is properly submitted.
(D) Sites at which fireworks are to be stored shall pass a fire inspection conducted by the Murray Fire Marshal's office prior to storing fireworks at the site. Each site shall be assessed a separate inspection fee in accordance with § 96.02(C).
(Ord. 2012-1574, passed 5-10-12) Penalty, see § 92.99
(A) The Murray Fire Chief or Fire Marshal shall cause to be removed at the expense of the owner all stocks of fireworks which are stored and held in violation of KRS 227.700 through 227.750 and or this chapter.
(B) Any fireworks seized by the Murray Fire Marshall shall be disposed of in accordance with KRS 227.750.
(Ord. 2012-1574, passed 5-10-12)
(A) All enforcement of § 92.01 shall be governed under KRS 227.370, KRS 227.380, KRS 227.390, and KRS 227.400 or any other and shall be subject to any relief deemed appropriate by a court of competent jurisdiction.
(B) Any person who violates any portion of this chapter shall be assessed a fine in accordance with Table 92.99.
Table 92.99 | |||
Sections | Fine Amount | ||
Table 92.99 | |||
Sections | Fine Amount | ||
92.70(A)(9) & (10) - Sales and Use of Fireworks | $25 | ||
92.05 - Obstructing Fire Hydrants and Fire Department Access Roads | $50 | ||
$50 | |||
$50 per day | |||
92.70(A)(2) - Sales and Use Fireworks | $100 | ||
92.70(A)(3) - Sales and Use of Fireworks | $250 | ||
92.70(A)(4) - Sales and Use of Fireworks | $500 | ||
92.71 - Storage of Fireworks and Pyrotechnical Devices | $500 | ||
92.70(B) - Displays of Fireworks/Sales of Display Fireworks | $1,000 | ||
1st Offense | 2nd Offense | 3rd Offense | |
92.04 - Fire Department Access (Per Day) | $100 | $150 | $250 |
92.06 - Fire Inspection Program (Per Day) | $100 | $150 | $250 |
(Ord. 2012-1574, passed 5-10-12)