ORDINANCE NUMBER 15-10780
AN ORDINANCE AMENDING SALINA CODE SECTION 14-57.6 PERTAINING TO THE RETAIL DISPLAY AND SALE OR OTHER DISTRIBUTION AND USE OF CONSUMER FIREWORKS AND REPEALING EXISTING SECTION 14-57.6.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Salina Code Section 14-57.6 is amended to provide as follows:
“Sec. 14-57.6. Retail display and sale or other distribution of approved consumer fireworks. The offer for retail sale, retail sale, delivery, consignment, giving or otherwise furnishing approved consumer fireworks to the public for personal use is prohibited other than from a consumer fireworks facility during the hours of 8:00 a.m. to 10:00 p.m. during the period beginning on June 27 and ending on July 4 of each calendar year, subject to the following requirements:
(a) Permit. A consumer fireworks temporary use permit shall be required pursuant to this division and the temporary use regulations in Section 42-59(d)2 of the Salina Zoning Ordinance prior to setting up and operating a consumer fireworks facility.
(b) Zoning, site plan, and parking review. The location and site layout, off-street parking requirements and on-site sign limitations for consumer fireworks facilities shall be subject to the requirements set out in Section 42-59(d)2 of the Salina Zoning Ordinance.
(c) Temporary Tent or Canopy. A consumer fireworks facility shall not be permitted in an existing or permanent structure. A consumer fireworks facility must be located in a temporary tent or canopy which meets International Fire Code fire rating regulations and International Building Code anchoring regulations. A fireworks facility located upon a consumer facility site shall not exceed fifty eight hundred (5,800) square feet.
(d) Compliance with NFPA 1124, Chapter 7. All consumer fireworks facilities must comply with NFPA 1124, Chapter 7, which is incorporated herein by reference. Any specific requirements of this section which differ from NFPA 1124, Chapter 7, shall control.
(e) Insurance. The permit holder for a consumer fireworks facility must carry and provide proof that it carries general liability insurance coverage written by a carrier authorized to do business in Kansas with coverage limits of no less than $1,000,000.
(f) Inventory Storage. Storage of consumer fireworks inventory for a consumer fireworks facility shall be allowed on the site of the consumer fireworks facility, but only within a single NFPA approved storage unit not exceeding one hundred twenty (120) square feet of floor space.
(g) Parking on site. No parking of vehicles shall be allowed within ten feet of the consumer fireworks facility, including any supporting guy wires.
(h) No Smoking. No smoking shall be allowed within 50 feet of the consumer fireworks facility. A readily visible sign reading “FIREWORKS FOR SALE – NO SMOKING ALLOWED” in letters at least two inches tall shall be prominently displayed at the consumer fireworks facility.
(i) No Discharge of Fireworks. Fireworks shall not be ignited, discharged, or otherwise used within 300 feet of a consumer fireworks facility. At least one sign reading “NO FIREWORKS DISCHARGE WITHIN 300 FEET” in letters at least four (4) inches high on a contrasting background shall be conspicuously posted on the exterior of each side of the consumer fireworks facility.
(j) Trash Receptacles. A consumer fireworks facility shall have on site and shall service adequate trash receptacles to avoid the accumulation on or blowing of trash from the site.
(k) Removal of Inventory and Restoration of Site. All inventory must be removed from a consumer fireworks facility no later than July 7. The site of the consumer fireworks facility must be cleared and restored no later than July 17.
Section 2. The existing Section 14-57.6 is hereby repealed.
Section 3. Summary of ordinance for publication – effective date. This ordinance shall be published by summary once in the official city newspaper, but shall not be in full force and effect until January 1, 2016.
Ordinance No. 15-10780 Summary
On July 6, 2015, the City of Salina, Kansas, passed Ordinance No. 15-10780. The ordinance amends Section 42-57.6(c) of the Fire Code effective January 1, 2016, to increase the allowable size of a consumer fireworks facility from 2,400 sq. ft. to 5,800 sq. ft. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash, free of charge. This summary is certified by the city attorney.
Introduced: June 22, 2015
Passed: July 6, 2015
Jon R. Blanchard, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney