§ 26-5608. Firework display permits.

Sec. 26-5608.2. Permit; Application.

(a)

To obtain a permit for a public exhibition or display of fireworks the applicant shall file with the fire chief a written application, in triplicate, duly subscribed and sworn by the applicant.

(b)

Contents. Such application shall set forth the following:

(1)

The name of the association, organization or corporation sponsoring the display, together with the names of the persons to be in charge of the firing or discharging of the display.

(2)

The date and time of day at which the display is to be held.

(3)

The exact location planned for the display.

(4)

A description setting forth the age, experience, Missouri license, address of their residence or place of business, and physical characteristics of the persons who are actually firing and discharging the fireworks.

(5)

The number, type and kind of fireworks to be discharged.

(6)

The manner and place of the storage of such fireworks between the date of purchase and date of display.

(7)

A diagram or sketch of the ground on which the display is to be held, showing the point at which the fireworks are to be discharged, the location of all buildings, streets and other lines of communication, the lines behind which the public may be restrained, and the location to all nearby trees, telegraph and telephone lines or other overhead obstructions.

Sec. 26-5608.2.3. Display; Permits for public display by pyrotechnic expert generally. Fireworks may be sold for use by Missouri licensed pyrotechnic experts experienced in public exhibition or display of fireworks, provided the person desiring to purchase such articles of fireworks shall exhibit to and file with the seller a permit, or a copy thereof, issued by the fire chief.

Sec. 26-5608.11. Pyrotechnic special effects material. A permit is required to manufacture, compounds, store or use pyrotechnic special material. A permit for use shall be granted only to a Missouri licensed pyrotechnic operator.

Sec. 26-5608.12. Investigation and approval by Director of Fire Department; Fee. An application for permit for public exhibition for fireworks shall be filed with the fire chief, at least ten days before the date set for display. The fire chief shall make or cause to be made an investigation of the site of the proposed display and investigate the competence and skill of the person to be in charge of the firing and discharge of the fireworks. If satisfied that the display will be conducted lawfully and in accordance with this chapter, the chief shall approve the application for permit. No permit shall be issued unless approved in writing by the chief. The applicant for a permit shall at the time of filing the application pay the fire chief a fee of $200.00, which sum shall be refunded in the event the application for such permit is denied.

Sec. 26-5608.13. Displays. Fireworks displays shall be in accordance with section 5608 of the code. Only Division 1.3G, Division 1.4G and Division 1.4S fireworks are allowed to be used.

Sec. 26-5608.14. Operators at public display; Fire watch. There shall be at least two able-bodied persons at least 21 years of age on duty at all times during a public fireworks display. The two persons shall be in actual charge of the discharging of the fireworks and shall be competent for the task.

(1)

Distance restrictions. A public display of fireworks shall be permitted only when the actual point at which the fireworks are to be fired is at least 200 feet from the nearest permanent building, public street or railroad or other means of travel, or 50 feet from the nearest aboveground telephone or telegraph line, tree or other overhead obstruction.

(2)

Location of audience. The audience at a public display of fireworks shall be restrained behind lines at least 150 feet from the point at which the fireworks are to be discharged, and only persons in active charge of the display shall be allowed inside these line.

(3)

Firing projectile. All fireworks that fire a projectile shall go into the air as nearly as possible at an angle of not more than 25 degrees from vertical and directed away from the spectators, provided that where such fireworks are to be fired beside a lake of other large body of water they may be directed in such a manner that the falling residue from the deflagration shall fall into such body of water.

(4)

Unfired fireworks. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.

(5)

Prohibited in windstorms. No fireworks display shall be held during a windstorm in which the wind reaches a velocity of more than 20 miles per hour. In such cases, the chief may authorize the display at future date suitable to the group holding the display.

(6)

Fire extinguishers at public display. At a public display of fireworks, at least two extinguishers of at least 2.5 gallon capacity each shall be available to extinguish any class A type fires. The extinguisher shall be kept at as widely separated points as possible within the actual area in which the discharge is being done.

(7)

Storage of Class I and Class II liquids. Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited if such liquids are being dispensed to or by the public.

Sec. 26-5608.15. Bond or insurance policy required; Amount. Before a permit shall be issued for a public exhibition or display of fireworks, the applicant shall have on file with the fire chief a certification of insurance or copy thereof, with a company acceptable to and approved by the city's corporate safety and risk manager, stating that the applicant has in effect liability insurance in the amount acceptable to the corporate safety and risk manager, but not less than $1,000,000.00 combined single limit for bodily injury and property damage for outdoor displays and not less than $5,000,000.00 combined single limit for bodily injury and property damage for indoor displays. In addition, the certificate of insurance shall state that the City of Kansas City is an additional insured and that a mandatory ten-day notice of material change or cancellation shall be given to the City. The certificate of insurance shall evidence coverage afforded for any and all displays which are presented by or for the named insured (applicant) during the period.

Sec. 26-5608.16. Prohibition of Fireworks.

Sec. 26-5608.16.1. Sale, use and possessing; Definition.

(a)

Except as hereinafter provided, it shall be unlawful for any person to possess, keep, store, offer for sale, expose for sale, sell at retail, use or explode any fireworks in the city.

(b)

For the purposes of this section, the term fireworks shall mean and include any combustible or explosive composition, or any substances or combination of substances, or article prepared for the purposes of producing a visible or an audible effect by combustion or explosion, in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, sparklers or other fireworks of like construction, and any fireworks containing explosive or flammable compound, or any tablets or other devices regulated by the US Department of Transportation as a regulated firework.

Sec. 26-5608.16.2. Exemptions. Nothing in this article shall be construed as prohibiting any resident wholesaler, dealer or jobber from carrying on or about his person or selling at wholesale such fireworks as are not herein prohibited, nor from carrying on or about his person or selling any kind of fireworks, provided the same are to be shipped directly out of the City in accordance with Interstate Commerce Commission regulations governing the transportation of explosives and other dangerous articles by motor, rail or water; nor as prohibiting the carry on or about the person or use of fireworks in a public exhibition by pyrotechnic experts as hereinbefore authorized; nor as prohibiting the manufacture, storage, carrying on or about the person or use of signals, fuses or fireworks necessary for the safe operation or the railroad, trucks, aircraft or other instrumentalities of transportation, or of blank pistols for show or theater, or for signals or ceremonial purposes in athletics or sports, or for us by military organizations.

(Ord. No. 150169 , § 1, 4-9-15; Ord. No. 160349 , § 1, 5-26-16)