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