The City of Mulvane, Kansas

PRIOR TO OPENING THE FIREWORKS TENTS AND BUILDINGS THEY WILL BE INSPECTED TO INSURE THAT THEY MEET ARTICLE #9 OF THE UNIFORM FIRE CODE AND STATE STATUTE K.A.R. 22-6-1 THROUGH K.A.R. 22-6-16. ALL INSPECTIONS WILL BE COMPLETED BY THE MULVANE FIRE DEPARTMENT AND THE OPERATOR WILL CORRECT ANY DiSCREPANCIES PRIOR TO THE OPENING OF THE BUSINESS. FAILURE TO COMPLY MAY RESULT IN CLOSING THE FIREWORKS SALES. THE SALE OF FIREWORKS BEGINS JUNE 27" THRU JULY 4th BEGINNING AT 8:00 A.M. THRU MIDNIGHT UNLESS JULY 4" FALLS ON A SUNDAY THEN JULY 5TH FIREWORKS CAN BE BOUGHT AND DETONATED UNTIL 10:00 P.M. 

ATTENTION: PLEASE BE ADVISED THAT FAILURE TO HAVE SITE CLEANED UP WITHIN 30 DAYS AND INSPECTED WILL RESULT IN FORFEITURE OF CLEAN UP DEPOSIT OF $2,500.00. 

Fire Prevention 

SECTION 225.050: BOND FOR FIREWORKS DISPLAY REQUIRED 

All permittees for a fireworks display shall furnish a bond or certificate of insurance in an amount of not less than five hundred thousand dollars ($500,000.00), in compliance with the Kansas Tort Claims Act, for the payment of all damages which may result to persons or property caused by any act or omission in connection with the display by the permittee, his/her agents, employees or any subcontractor thereof. (CC 1985 $6-403; Ord. No. 862, 5-15-89; Ord. No. 1011, 8-19-96) 

SECTION 225.060: EXCEPTION 

Nothing in this Article shall be construed to prohibit the use of fireworks by railroads or other public transportation companies or agencies for signal or illumination purposes. The sale or use of blank pistol cartridges for a bona fide show or theater, for signal or ceremonial purposes in athletic or sports contests or for use by military or law enforcement agencies shall not be considered a violation of this Article. (CC 1985 86-405; Ord. No. 862, 5-15-89; Ord. No. 1011, 8-19-96) 

SECTION 225.070: SEIZURE OF FIREWORKS 

The Police Department shall seize, take, remove or cause to be removed at the expense of the permittee any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of this Article. (CC 1985 86-406; Ord. No. 862, 5-15-89; Ord. No. 1011, 8-19-96) 

SECTION 225.080: POSTING OF PREMISES 

A copy of this Article shall be posted at all locations wherein fireworks are sold and at all locations authorized by this Article as a Designated Shooting Area as provided herein. (CC 1985 $6-408; Ord. No. 862, 5-15-89; Ord. No. 1011, 8-19-96) 

SECTION 225.085: TIMES FOR SALE 

The time for sales of fireworks shall be 8:00 A.M. until 12:00 Midnight June twenty-seventh (27th) through July fourth (4th) except when the fourth (4th) falls on Sunday, then sale may continue until Midnight on July fifth (5th). (Ord. No. 1059 $225.085, 5-3-99) 

SECTION 225.090: EMERGENCY CIRCUMSTANCES 

• Under special circumstances, including but not limited to a Statewide ban on burning and/or fireworks detonation, the time, place and manner of sale and detonation of fireworks may be changed in response to conditions which may impair the public health and safety. 
• Whenever it appears to the Mulvane Emergency Services Director that it is reasonably necessary to limit or alter the provisions of this Article due to the likelihood of a fire hazard beyond that normally contemplated by this Article, he/she shall so declare in writing and shall duly notify the Mayor and City Council of his/her declaration of emergency and shall recommend the manner in which this Article shall be modified. Upon approval of the Governing Body, the recommended modifications shall be enforced to the extent permitted by law. (CC 1985 86-410; Ord. No. 862, 5-15-89; Ord. No. 1011, 8-19-96; Ord. No. 1076 $225.090, 12-20-99) 

SECTION 225.100: ISSUANCE OF PERMITS, LOCATION, SITE PLAN AND FEES 

1. At least ten (10) days prior to June 27th, the applicant for a fireworks stand permit shall provide the City Zoning Administrator a site plan for the proposed location of the stand. The site plan shall be a sketch complete with proper dimensions, showing the size of the property, size of the stand, distance from existing structures, number of parking spaces available, parking area, and access from streets. The stand must have a minimum setback of fifty (50) feet from existing structures. The stand cannot be accessed from a residential street. The stand shall provide at least one (1) parking space per three hundred (300) square feet of sales floor area with adequate ingress and egress isles. 
2. No permit shall be issued for any location where retail sales are not permitted under zoning laws without a temporary use permit as provided in the City Zoning Regulations. 
3. Prior to issuance of the permit, an inspection will be made of the applicant's facility for compliance with City Zoning Codes, the Uniform Fire Code, and other pertinent laws, and no permit shall be issued for any premises not in compliance with such laws. 
4. The licensing fee to sell fireworks permitted under this Article shall be in an amount as set forth in Section 100.240. In addition to the fee, the applicant shall be required to deposit with the City an amount as set forth in Section 100.240 as security to ensure for proper cleanup of debris from licensed establishments or premises. Such part of the deposit not utilized by the City for cleanup purposes shall be promptly refunded to the applicant. (CC 1985 $6-411; Ord. No. 862, 5-15-89; Ord. No. 1011, 8-19-96; Ord. No. 1149 86, 8-19-02) 

SECTION 225.110: SEVERABILITY 

In the event any part of this Article is invalidated by any court of competent jurisdiction, the remainder shall be considered as severed and shall survive in full force and effect as though that part of this Article found invalid was never a part hereof. (CC 1985 $6-412; Ord. No. 862, 5-15-89; Ord. No. 1011, 8-19-96) 

ARTICLE III. RECOVERY OF EXPENSES HAZARDOUS MATERIALS 

SECTION 225.120: DEFINITIONS

Definitions. As used in this Article, the following words and phrases shall have the meanings as set out herein: 

EMERGENCY ACTION: Emergency action shall mean all exigent activities conducted in order to prevent or mitigate harm to the public health and safety and the environment from a release or threatened release of any material into or upon land, water or air. 

PERSON: Includes any individual, corporation, association, partnership, firm, trustee, legal representative, or any combination thereof. 

Please fill out the application below to apply for a fireworks stand permit.