For purposes of this article, the term fireworks shall mean those items as defined by the rules and regulations of the Kansas state fire marshal, and shall include but not be limited to: firecrackers, torpedoes, sparklers, Roman candles, sky rockets, pin wheels, cap or toy pistols (except such pistols or any like device designed to discharge paper caps containing not more than 0.25 grains of explosive mixture), canes, bombs, cannons or other like devices and all classes of fireworks that may be shot into the air or propelled over the ground by explosive discharges or any device using blank cartridges.

(Ord. 888, Sec. 1; Code 2013)

(a)   Except as provided in sections 7-303:306; it shall be unlawful for any person to keep, store, display for sale, fire, discharge or explode any fireworks within the corporate limits of the city of Conway Springs.

(b)   Nothing in this article shall be construed as applying to:

(1)   Toy paper caps containing not more than 0.25 of a grain of explosive composition per cap;

(2)   The manufacture, storage, sale or authorized use of signals necessary for the safe operation of railroads or other classes of public or private transportation;

(3)   The military or naval forces of the United States or of this state while in the performance of official duty;

(4)   Law enforcement officers while in the performance of official duty; or

(5)   The sale or use of blank cartridges for ceremonial, theatrical or athletic events.

(Ord. 888, Secs. 2:3; Code 2013)

Unless specifically prohibited by State law, all fireworks and pyrotechnic devices classified and labeled as Class C fireworks (common fireworks) under appropriate regulations promulgated by the United States Department of Transportation or Interstate Commerce Commission, maybe discharged in the City, subject to the following:

(a)   The discharge of fireworks within the City of Conway Springs, Kansas shall be permitted only upon those dates and at those times established by appropriate resolution. 

(b)   All discharge must take place only on private property and only after the prior express consent of the property owner has been given.

(c)   The Fire Chief shall have authority to order a suspension of fireworks discharge at any time and for any reason, including but not limited to if he/she determines that weather conditions create a fire risk.

(d)   Notwithstanding this provision, the Mayor and City Council may grant permission for a public display of fireworks within the City by a commercially license operator, under such terms and conditions as they shall deem necessary and appropriate.

(Ord. 1462, Sec. 1; Code 2013; Ord. 1897; Code 2021; Ord. 1930)

The chief of the fire department is authorized to seize and confiscate all fireworks which may be kept, stored or used in violation of any section of this article, and all of the rules of the state fire marshal. He or she shall dispose of all such fireworks as may be directed by the governing body.

(Code 2013)