No fireworks of any kind shall be sold before June 27 or after July 5 of each year, nor shall any fireworks of any kind be sold before 10:00 a.m. or later than 10:00 p.m., except on July 4 of each year, fireworks may be sold until 11:00 p.m.  

(Ord. 1642, Sec. 1; Code 2011)

No person, not a resident of the City of Marysville, Kansas, or not having a permanent regular business in an established location in the city, shall be licensed to sell fireworks of any kind at retail, within the corporate limits of the city. The word “retail” is defined as meaning the retail sale of fireworks from a place of business or temporary stand which is open or seemingly open to the public at large for the purpose of sale to the public at large.  

(Ord. 862, Sec. 2; Code 1987)

No person shall construct, place or maintain a stand or structure for the sale of fireworks of any kind on property belonging to the city or on the right-of-way of any street or alley within the city.  

(Ord. 862, Sec. 3)

Any person, prior to selling fireworks at retail or constructing, placing or maintaining any temporary stand for the retail sale of fireworks of any kind, shall obtain a permit for same from the city clerk. The permit shall show the location, name and address of owner and the manager of the stand or business. The city clerk shall require the applicant to provide sufficient information to show compliance with the terms of this article and shall collect from applicant a fee of $25.00 for issuance of the permit.  

(Ord. 1642, Sec. 2; Code 2011)

(a)   No fireworks of any kind shall be discharged or ignited on any road, street, highway, alley or other public right-of-way. No fireworks of any kind shall be discharged or ignited within fifty (50) feet of a vehicle, gas station, building or fireworks stand or facility where fireworks or explosives are stored. No fireworks of any kind shall be discharged or ignited within one thousand (1,000) feet of any hospital.

(b)   No fireworks of any kind shall be ignited or discharged within the corporate city limits between the hours of 10:00 p.m. and 10:00 a.m., except on July 4, when fireworks may be ignited or discharged from 10:00 a.m. until 12:00 midnight. No fireworks shall be ignited or discharged within the corporate limits of the city before June 27 or after July 5 of each year.

(c)   No person shall ignite or discharge fireworks of any kind into, under, or on a car or vehicle regardless of whether the car or vehicle is moving or standing still. No person shall throw ignited fireworks of any kind from a car or vehicle regardless of whether the car or vehicle is moving or standing still.

(d)   No fireworks of any kind shall be set off or discharged on Broadway or Center Streets, or on any intersecting street between those streets, or in any area within the city bounded on the north by the alley north of Center Street and on the south by the alley south of Broadway.  

(Ord. 1642, Sec. 4; Code 2011)

Any person may seek waiver of the discharge prohibition set forth above by filing an application with the city council. The city council may waive the discharge prohibitions contained within this article for special occasions or events where the applicant can show that reasonable safety precautions are in place to protect the public and that such discharge will not substantially interfere or adversely affect the privacy or rights of others.

(Ord. 1642, Sec.5; Code 2011)

Fireworks shall not be stored, kept, sold, or discharged within fifty (50) feet of any gasoline pump, gasoline filling station, gasoline bulk station or any building in which gasoline or volatile liquids are sold in quantities in excess of one gallon, except in stores where cleaners, paints, and oils are handled in sealed containers only.  

(Ord. 1642, Sec. 6; Code 2011)

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be published by a fine of not less than $25.00 nor more than $500.00.

(Ord. 1642, Sec. 7; Code 2011)

(a)   The term fireworks shall mean and include any combustible or deflagrating composition, article, or device suitable for the use of the public for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and previously approved for transportation by the chemical laboratory of the United States Department of Transportation.

(b)   Nothing in this article shall be construed as applying to toy smoke devices defined as smoke balls, or tubes containing a pyrotechnic mixture which upon ignition produces a visible cloud of colored smoke (white and black smokes are considered colored); or to toy paper caps containing not more than twenty-five hundredths of a gram of explosive composition per cap, and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, not applying to the military or naval forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial or theatrical or athletic events, nor as prohibiting the firing of sky rockets or missiles when produced by a science class of any school and when under supervision of the science instructor and when the place and time of firing the sky rockets or missiles has been approved by the fire chief.

(Ord. 1642, Sec. 8; Code 2011)

The sale, use, manufacture, storage, possession, and discharge of certain pyrotechnic items are prohibited, including, but not limited to, the following items:

(a)   Bottle rocket. Any rocket mounted on a stick.

(b)   Sky rocket. Tube not exceeding one-half of an inch (12.5 millimeters) interior diameter that may contain up to 20 grams of pyrotechnic composition. Sky rockets contain a wooden stick for guidance and stability and rise into the air upon ignition. A burst of color, noise or both is produced at the height of flight.

(c)   Unmanned aerial luminary; sky, Chinese, or Kongming lantern; sky candle; or fire balloon. A device resembling a small hot air balloon, constructed of lightweight material which is capable of traveling through the air when powered by fire or a fuel cell until such fire or fuel cell deteriorates, causing such device to fall to the ground at an unknown location.

(Ord. 1862; Code 2020)