CHAPTER 69:  FIREWORKS SALE AND USE
Section
   69.001   Title
   69.002   Definitions
   69.003   Compliance with applicable law
   69.004   Sale of fireworks
   69.005   Use of fireworks
   69.006   Exceptions
 
   69.999   Penalty
§ 69.001  TITLE
   This chapter shall be known as the "'Fireworks Enforcement Ordinance."
(Ord. 2012-5, passed 4-10-12)
§ 69.002  DEFINITIONS
   For the purpose of this chapter, the following definitions shall apply unless the context indicates or clearly requires a different meaning.
   "CONSUMER FIREWORKS."  Those typically found in retail establishments suitable for use by the public, including but not limited to ground and handheld sparkling devices, aerial devices, and audible ground devices, and shall have the same meaning as in KRS 227.702.
   "DISPLAY FIREWORKS." Those typically seen in large public events, including but not limited to pyrotechnic devices, and shall have the same meaning as in KRS 227.706.
   "FIREWORKS."  Any composition or device for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation, and shall have the same meaning as in KRS 227.700, and shall include those devices which meet the definition of "consumer fireworks" or "display fireworks."
   "NOVELTY AND TRICK NOISEMAKERS."  Those which generally produce only smoke or sparkle, including but not limited to snake or glow worms, wire sparklers, and trick noisemakers, and shall have the same meaning as in KRS 227.704.
   "PERMANENT FIREWORKS RETAILER."  Any person or business entity which is open to the public year round and which offers for sale, exposes for sale, sells at retail or wholesale or keeps with the intent to sell any consumer fireworks as its primary course of business.
   "SEASONAL FIREWORKS RETAILER."  Any person or business entity which is not considered a permanent fireworks retailer and which offers for sale, exposes for sale, sells at retail or wholesale or keeps with the intent to sell any consumer fireworks between June 1 and July 15 only.
(Ord. 2012-5, passed 4-10-12)
§ 69.003  COMPLIANCE WITH APPLICABLE LAW
   Fireworks must be handled, stored, used, possessed, and sold in accordance with all applicable federal, state and local law.
(Ord. 2012-5, passed 4-10-12)
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Cross reference:
   Penalty for violation, see § 69.999
§ 69.004  SALE OF FIREWORKS
   The retail sale of display fireworks is prohibited in the city in accordance with KRS 227.708(2).  The sale of consumer fireworks in the city is prohibited except as follows:
   (A)   All permanent fireworks retailers and seasonal fireworks retailers within the city shall first obtain a retail fireworks permit from the city.  The application for a permit on a form approved by the Fire Chief shall be submitted at least ten (10) business days prior to the desired date to begin retail sale, and shall, at a minimum, include the following:
      (1)   Applicant's name, permanent address, and phone number;
      (2)   Detailed site plan for the proposed location(s), and address(es) of the proposed location(s) and contact information for the owner(s) of the proposed location(s) if other than the applicant;
      (3)   Proof of current registration with the state fire marshal in accordance with the applicable provisions of KRS Chapter 227;
      (4)   Proof that the applicant, if a seasonal fireworks retailer, has complied with all necessary requirements of KRS 365.665 as a transient merchant;
      (5)   Proof that the applicant has obtained any necessary certificate(s) of occupancy from the Office of Building Inspection, and if deemed necessary the applicant must also obtain verification that the proposed location(s) is zoned appropriately for the conduct of the business;
      (6)   Proof that the applicant has obtained the appropriate business occupational license(s) in accordance with the City of Paris Code of Ordinances;
      (7)   Proof of general liability insurance in an amount not less than one millions dollars ($1,000,000.00) per occurrence which shall remain in effect at all times while engaged in the permitted activity; and
      (8)   Payment of a permit fee as follows:
         (a)   Seasonal fireworks retailer: $500 per location; and
         (b)   Permanent fireworks retailer: $2,500 per location (per calendar year).
   (B)   All permanent and seasonal fireworks retailers shall prominently display a valid retail fireworks permit at each location and at all times during hours of operation.
   (C)   No permanent or seasonal fireworks retailer shall allow any person under the age of eighteen (18) years to sell fireworks or consumer fireworks.
   (D)   No permanent or seasonal fireworks retailer shall offer for sale, sell, or give any fireworks or consumer fireworks to any person under the age of eighteen (18) years.
   (E)   No permanent or seasonal fireworks retailer shall sell, offer for sale, or expose for sale any fireworks or consumer fireworks except between the hours of 8:00 a.m. and 10:00 p.m.
   (F)   The city may revoke or suspend the retail fireworks permit for any retail site which is in violation of any applicable state law or local ordinance.
   (G)   The transportation, storage, retail sale, possession and use of novelty and trick noisemakers is not prohibited in accordance with KRS 227.704.
(Ord. 2012-5, passed 4-10-12)
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Cross reference:
   Penalty for violation, see § 69.999
§ 69.005  USE OF FIREWORKS
   Fireworks and consumer fireworks shall not be used, ignited, fired, or exploded on any property of the city, and fireworks and consumer fireworks shall not be used, ignited, fired, or exploded on any other property located in the city except as follows:
   (A)   Consumer fireworks may be used, ignited, fired, or exploded between the hours of 10:00 a.m. until 12:00 a.m. (midnight) on July 4 and December 31. The City Manager is hereby authorized by the Board of Commissioners to issue a municipal order to reduce and/or restrict the days and times that consumer fireworks may be used, ignited, fired or exploded, if the City Manager makes a written finding in the Municipal Order that the reduction and /or restriction is in the interests of public safety, including but not limited to drought and/or dry conditions. The City Manager is further hereby authorized by the Board of Commissioner to lift and remove any municipal order so reducing and/or restricting the days and times that consumer fireworks may be used, ignited, fired or exploded. The Board of Commissioners, in its discretion, may override and make null and void any municipal order issued by the City Manager pursuant to this division (A). In addition, the Board of Commissioners may by its own municipal order reduce and/or restrict or create additional date(s) and times that consumer fireworks may be used, ignited, fired or exploded.
   (B)   No person under the age of eighteen (18) years may possess, use, ignite, fire or explode any fireworks or consumer fireworks.
   (C)   No person may use, ignite, fire or explode any fireworks or consumer fireworks within two hundred (200) feet of any structure, motor vehicle (whether operational or non-operational), or any other person or animal, or in any place where a person is in violation of any other law, regulation or ordinance.
   (D)   No person may use, ignite, fire or explode any fireworks or consumer fireworks if otherwise prohibited as part of any ban on burning.
   (E)   Any person using, igniting, firing or exploding any fireworks or consumer fireworks shall be responsible for disposing of any resultant trash or debris.
   (F)   No person or entity shall use, ignite, fire or explode any display fireworks unless all conditions set out in KRS 227.710 are met and only upon obtaining a permit from the city which shall, at a minimum, include verification that the permit holder has presented the following:
      (1)   Name, permanent address, and phone number of the competent display operator as defined by KRS 227.710(1)(c);
      (2)   Proof of a permit from the state fire marshal;
      (3)   Proof of general liability insurance in an amount not less than one millions dollars ($1,000,000.00) per occurrence which shall remain in effect at all times while engaged in the permitted activity;
      (4)   Location for the proposed display of fireworks, including the name and phone number of the owner of the property; and
      (5)   Date(s) and beginning and ending time(s) for the proposed display of fireworks.
      (6)   The City Manager is hereby authorized by the Board of Commissioners to issue a Municipal Order to reduce and/or restrict the days and times that display fireworks may be used, ignited, fired or exploded, if the City Manager makes a written finding in the municipal order that the reduction and /or restriction is in the interests of public safety, including but not limited to drought and/or dry conditions. The City Manager is further hereby authorized by the Board of Commissioners to lift and remove any municipal order so reducing and/or restricting the days and times that display fireworks may be used, ignited, fired or exploded. The Board of Commissioners, in its discretion, may override and make null and void any municipal order issued by the City Manager pursuant to this division (F)(6). In addition, the Board of Commissioners may by its own municipal order reduce and/or restrict or create additional date(s) and times that display fireworks may be used, ignited, fired or exploded.
(Ord. 2012-5, passed 4-10-12; Am. Ord. 2012-15, passed 9-11-12; Am. Ord. 2016-9, passed 11-8-16)
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Cross reference:
   Penalty for violation, see § 69.999
§ 69.006  EXCEPTIONS
   The city itself is exempt from the provisions herein, except for any applicable provisions of the federal or state law cited or referenced herein.  In addition, the city may exempt a person or organization from use of fireworks provisions contained in § 69.005, however, all federal and state law cited or referenced herein are applicable and shall not be a part of any such exemption. Any exemption granted shall be approved in advance at a public meeting of the Board of Commissioners and shall be confirmed in writing, which the person or organization obtaining the exemption shall keep for production upon request at the location of the event at all times.
(Ord. 2012-5, passed 4-10-12)
§ 69.999  PENALTY
   Any person or business entity in acting in violation of this chapter shall be guilty of a violation and shall be subject to a fine of up to two hundred fifty dollars ($250.00) per occurrence.
(Ord. 2012-5, passed 4-10-12)