Except as hereinafter provided, it shall be unlawful for any person to sell or discharge fireworks as defined by the regulations of the fire marshal of the State of Kansas within the City of Towanda, Kansas.

(Ord. 468, Sec. 1; Code 2004; Ord. 520; Code 2019)

Upon application to the Governing Body, a permit to sell fireworks may be granted upon the following conditions:

(a)   Approval of the location upon which fireworks will be stored or sold;

(b)   Approval of such safety precautions and safety equipment as the Council shall deem necessary for the protection of the public;

(c)   Approval of such insurance policy or policies as the Council shall deem necessary for the protection of the public;

(d)   Approval of the type of fireworks to be stored or sold;

(e)   Payment of a permit fee, to be determined by the Governing Body.

(f)   Any person or group which is granted a permit may operate a main location and a satellite location under the same permit. The satellite location may not have a tent larger than 20 x 30 feet and must be in a location approved by the Governing Body.

Any permit to sell fireworks issued pursuant to this section shall be in writing, shall contain therein such restrictions as may have been imposed by the Governing Body and shall be prominently displayed at the location upon which the fireworks are to be sold.

Fireworks may only be sold on those days and at those times established by the most recent city resolution which resolution may be modified from time to time based upon circumstances then prevailing.

There will be no alcoholic or cereal malt beverages sold or consumed at a permit location.

(Ord. 468, Sec. 2; Code 2004; Ord 520 Code 2019)

Except as hereinafter provided, the discharge of fireworks within the City of Towanda, Kansas shall be permitted only on those days and at those times established by the most recent City resolution which may be modified from time to time based upon circumstances then existing. Persons may discharge fireworks only upon property actually owned by them or their immediate family or in such public areas and upon such conditions as may be designated by the City of Towanda, Kansas. In designating such public areas, the City is hereby authorized to regulate and restrict the hours of discharge, the type of fireworks permitted and generally the conduct of all persons wishing to discharge fireworks.

(Ord. 468, Sec. 3; Code 2004; Ord. 520; Code 2019)

Notwithstanding any other provisions within this article, special permits may be issued by the Governing Body for firework displays upon such terms and conditions as the Council shall establish.

(Ord. 468, Sec. 4; Code 2004; Ord. 520; Code 2019)

Notwithstanding the foregoing, the sale and discharge of fireworks may, in any given year, be prohibited if by June 15th of any such year the Mayor of Towanda, upon approval of the Council, proclaims such prohibition based upon unseasonably dry weather or other conditions creating a danger to the public.

(Ord. 468, Sec. 5; Code 2004; Ord. 520; Code 2019)

The violation of any provision contained herein shall be punishable by a fine not to exceed $500 and/or imprisonment not to exceed 30 days. In addition, any police officer duly appointed to office by the Governing Body is hereby authorized to immediately seize and destroy fireworks in the possession or under the control persons observed to be in violation of this article.

(Ord. 468, Sec. 6; Code 2004; Ord. 520; Code 2019)