(a)   Words and phrases used in this chapter shall have the following meaning unless the context otherwise requires:

(1)   Fireworks - shall mean and include any combustible and deflagrating composition, article, or device suitable for use of the public for producing a visible or audible effect by combustion, deflagration, or by detonation

(2)   Prohibited fireworks - shall mean and include any combustible or deflagration device stronger than a Class B.

(Ord. 546; Code 2018)

(a)   It shall be unlawful for any person(s) to shoot or explode or cause to explode within the city limits of the City of Leon, Butler Co., Kansas, fireworks of any kind except for January 1st of each year from 12:00 a.m. to 12:15 a.m. and from June 27th to July 5th.

(b)   It shall be unlawful for any person, firm, corporation, or partnership to discharge fireworks within the limits of the city except for the following dates and times: January 1^st from 12:00 a.m. to 12:15 a.m., June 27th, June 28^th, June 29^th, June 30^th, July 1^st, July 2^nd, and July 5^th from the hours of 10:00 a.m. to 10:00 p.m. and July 3^rd between the hours of 10:00 a.m. and 12:00 midnight and on July 4^th between the hours of 10:00 a.m. and 12:00 midnight. The discharge of fireworks will be allowed on private property and the city street directly located in front of their personal residence but there shall be no discharge of fireworks on any other city property unless a permit is granted by the city for such discharge. In addition, it shall be unlawful to commit any of the following acts within the City of Leon:

(1)   The discharge of fireworks into, under or from any motor vehicle, whether moving or standing still;

(2)   The discharge of fireworks within 100 feet of the property boundaries of any facility where fireworks are sold or stored.

(3)   The discharge of fireworks within 100 feet of the property boundaries of the property commonly known as, Fleming Feed and Grain, located at the 200 block and 300 block of South Main in Leon, Ks as long as it is being used for business and agricultural purposes.

(4)   The discharge of fireworks in any manner which may pose an unreasonable risk of fire, property damage or personal injury;

(5)   The discharge of fireworks on private property not owned or under the legal control of the person discharging the fireworks unless the person is a social invitee and has permission of the owner to discharge the fireworks;

(6)   The discharge of fireworks toward any residence, commercial building or other structure whether intended or not.

(7)   The discharge of fireworks on any street or property located within the 100 block of South Main in Leon, Ks and the 100 block of North Main in Leon, Ks

(Ord. 546; Code 2018; Ord. 2020-01; Ord. 2020-05)

(a)   The sale of approved fireworks will be permitted on the dates of June 27 through July 5 of each year between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise approved by the governing body and posted at the stand, by licensed persons or entities. Any persons, partnership, corporation or other entity may apply to the City Clerk for a license to sell fireworks by filing an application stating the name of the applicant, the proposed locations of sale and attaching to the application written approval for the use of the proposed site. Times may be extended by the governing body and will be posted at the facility in clear view.

(b)   Whenever the city has issued a public display permit or license to sell fireworks at retail under the provisions of this article and it is determined by the Department of Public Safety that the permitted function is in violation of this article or is operating in an unsafe manner, the Department of Public Safety shall immediately report the violation to the Governing Body who shall determine whether to terminate the operations or permanently cancel the permit or license involved.

(c)   If a permit or license shall be terminated by the Governing Body under this section, the permittee or licensee shall have a right to appeal the decision to terminate to the City Council for review. The City Council shall consider the request for review at the next City Council meeting, whether regularly scheduled or specially called. The City Council shall then decide by majority vote whether to continue or terminate the permit or license in question. Upon review, the license shall remain terminated or suspended until considered by the City Council.

(d)   Each vendor shall obtain a policy of general comprehensive liability insurance for a minimum coverage of $500,000 per occurrence, with the City of Leon, Kansas, named as an additional insured, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancellable by vendor upon less than thirty (30) days’ notice.

(e)   Each vendor shall obtain a policy of product liability insurance for a minimum coverage of $500,000 per occurrence for products sold and/or stored within the City by the vendor, and shall provide the City with a copy of the certificate of such insurance. Such policy or policies shall not be cancellable by vendor upon less than thirty (30) days’ notice.

(f)   Each vendor shall at all times indemnify and hold harmless the City of Leon, Kansas, its officials, agents and employees, from and against any and all claims, actions, damages, liability and expense including, but not limited to attorneys and other professional fees, in connection with loss of life, personal injury and/or damage to property arising from or out of the storage, sale, discharge and/or transportation of fireworks by such vendor and vendor’s customers, employees, contractors and agents.

(Ord. 546; Code 2018; Ord. 2020-01)

Any person, firm, corporation or partnership who violates the provisions of this article may be fined in an amount not less than $50.00 nor more than $1,000.00 for each occurrence.

(Ord. 546; Code 2018)

(a)   It shall be unlawful for any person to give or provide a fireworks display for the public or for organized groups without first obtaining a permit to do so by making application at least 30 days in advance of the desired display. Approval of the permit shall be by the governing body. If the firework display is being done by the City the following shall not apply. No permit shall be approved unless the applicant furnishes a certificate of public liability insurance for the display in a minimum amount of $500,000.00, written by an insurance carrier licensed to do business in Kansas, conditioned as being non-cancellable except by giving 10 days advance written notice to the city clerk. In the event of cancellation of the insurance prior to the display, the permit shall automatically be revoked and void. The application for the permit shall clearly state:

(1)   The name of the applicant.

(2)   The group for which the display is planned.

(3)   The location of the display.

(4)   The date and time of the display.

(5)   The nature or kind of fireworks to be used.

(6)   The name of the person, firm or corporation that will make the actual discharge of the fireworks.

(7)   Anticipated need for police, fire or other municipal services.

(b)   No permit shall be issued if the location, nature of the fireworks or other relevant factor is such as to create an undue hazard or risk of harm or damage to persons or property.

(Ord. 2020-01)

(a)   Two functioning and approved fire extinguishers must be provided and kept in close proximity to the stock of fireworks in all permanent buildings where fireworks are stored, sold or displayed for sale.

(b)   Small stands, temporarily erected to be used as a place for storing and selling fireworks only, shall have one such fire extinguisher, or in lieu of the fire extinguisher, a pressurized water hose with nozzle end within five feet of the fireworks stand.

(Ord. 2020-01)