The term, “fireworks” shall mean and include any combustible or explosive composition, or any substance or combination of substance, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers or other fireworks of like construction and any fireworks containing explosive or flammable compound, or any tablets or other device containing any explosive substance. Nothing in this Article shall be construed as applying to toy paper caps containing not more than twenty-five hundredths (.25) of a grain of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial or theatrical or athletic events, nor as prohibiting the firing of skyrockets or missiles when produced by the science class of any school and when under the supervision of the science instructor and when the place and time of the firing of the skyrocket or missile has been approved by the Fire Chief.

(R.O. 1965, Sec. 5-501)

(a)   The City Council recognizes the desire of the citizens of Wakefield to use fireworks within the city limits to celebrate the Fourth of July holiday.

(b)   The City Council recognizes that while the use of fireworks is traditionally associated with the celebration of the Fourth of July holiday, some restrictions on their use are essential to the enjoyment of the holiday by all citizens. The following restrictions are hereby adopted:

(1)   There shall be no use of fireworks within the city limits of Wakefield prior to the third day of July each year.*

(2)   Use of fireworks shall terminate at 10:00 p.m. on the fifth day of July each year and there shall be no fireworks discharged within the city limits of Wakefield until the third day of July the following year.**

(3)   During the period when the use of fireworks is authorized within the city limits, their use shall terminate at 10 p.m. each night and will not resume until 12:00 p.m. (noon) the following morning.

(4)   Aerials will terminate at 10:00 p.m. the day before & the day after July 4th & 12:00 a.m. (midnight) on July 4th.

(5)   There shall be no discharge of fireworks at the City Industrial Park.

(c)   The City Council recognizes the desire of the citizens of Wakefield to use fireworks within the city limits to celebrate New Year’s Eve.

(d)   The City Council recognizes that while the use of fireworks is associated with the celebration of New Year’s Eve, some restrictions on their use are essential to the enjoyment of the holiday by all citizens. The following restrictions are hereby adopted:

(1)   *Fireworks are allowed to be used on New Year’s Eve.

(2)   **Use of fireworks shall terminate at 12:30 a.m. (January 1).

(e)   Violations of this section shall be a Class B nonperson misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50) nor more than One Thousand Dollars ($1,000) and not more than 6 months imprisonment plus the costs of the action.

(f)   All other ordinances not in conformity herewith are hereby repealed or amended to conform hereto.

(R.O. 1965, Sec. 5-502, Ord. 1195, Ord. 1233; Ord. 1257; Code 2015; Ord. 1337)

(a)   Sales prohibited in the city generally.

(1)   It shall be unlawful for any person, firm or corporation to keep, store or sell within the city any fireworks, as defined by Section 6-501 of the Code of the City of Wakefield, Kansas, or any substance or substances of an explosive or dangerously combustible nature, designed or intended to be used as fireworks, or other pyrotechnical display; Provided, however, that the governing body may order and permit the public display of fireworks by properly qualified individuals, under the supervision of the fire chief and at a location which, in the opinion of the fire chief, shall not be hazardous to surrounding property or a danger to any person or persons.

(2)   Any person, persons, firm or corporation found to have violated any provision of this section shall, upon conviction, be deemed guilty of a misdemeanor offense, and shall be fined in any sum not less than Fifty Dollars ($50), nor more than Five Hundred Dollars ($500) for each offense. Each and every day that such violation continues shall constitute a separate offense.

(b)   Any fireworks stands operating in the City of Wakefield Industrial Park each year are subject to the following restrictions:

(1)   The stand shall operate between the twenty-eighth day of June and the fifth day of July each year.

(2)   The City may, but is not required, to charge a concession fee to any merchant who sells fireworks at the Industrial Park. Said fee, if any, will be set by the City Council prior to the twenty-eighth day of June each year.

(3)   There will be no discharge of fireworks in the Industrial Park at any time.

(4)   Any merchant applying to operate a fireworks stand under this ordinance must show proof of liability insurance covering said business in the amount of $100,000 before permit is issued.

(Ord. 1236; Ord. 1256; Code 2015)