HomeMy WebLinkAbout2011-6-7821ORDINANCE NO. 2011-6-7821
AN ORDINANCE REPEALING CHAPTER 46, ARTICLE IV OF
THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHICH
PREVENTED THE SALE OF FIREWORKS EXCEPT FOR USE IN
PERMITTED DISPLAYS; AND IN ITS PLACE ALLOWING ONLY THE USE
OR IGNITION OF GROUND AND HAND-HELD SPARKLING DEVICES
WITHIN THE CITY, EXCEPT FOR PERMITTED DISPLAYS PREVIOUSLY
ALLOWED, AND FORMULATING A PERMITTING PROCESS FOR THE
SALE OF CONSUMER FIREWORKS WITHIN THE CITY OF PADUCAH
WHICH SHALL REQUIRE THOSE PERSONS OR ENTITIES ENGAGED IN
THE SALE OF CONSUMER FIREWORKS TO OBTAIN A LOCAL BUSINESS
LICENSE, APPLY FOR AND BE ISSUED A PERMIT BY THE STATE AND
LOCAL FIRE AUTHORITIES, MEET FEDERAL, STATE AND LOCAL
SAFETY STANDARDS, AND MAINTAIN, AT THEIR OWN EXPENSE,
MINIMAL LEVELS OF LIABILITY INSURANCE; AND SETTING CRIMINAL
PENALTIES
WHEREAS, the Kentucky Legislature enacted House Bill 333 which
amended KRS Chapter 227 thereby expanding the type of fireworks that are permitted to
be sold and used within the Commonwealth of Kentucky; and
WHEREAS, KRS 227.750 (4) specifically authorizes local government
entities to enact ordinances that affect the sale or use of fireworks within their
jurisdiction; and
WHEREAS, the Board of Commissioners of the City of Paducah believes
it to be in the best interest of the community to establish permitting procedures to
document both the location upon which fireworks will be sold and the entity or person
engaging in the sale of fireworks within our community; and
WHEREAS, the Board of Commissioners, by and through the enactment
of this ordinance, shall repeal Article IV of Chapter 46, relating to the sale or use of
fireworks within the City of Paducah; and
WHEREAS, the Board of Commissioners of the City of Paducah, by and
through the enactment of this ordinance, shall require persons or entities engaged in the
seasonal or permanent sale of Consumer Fireworks as defined in the KRS 227.702 which
are generally described as aerial devices and audible ground devices, to have a business
license as per the requirements of Article III of Chapter 106 of the Code of Ordinances of
the City of Paducah, meet certain safety standards as established by applicable federal,
state, and local law, maintain minimal levels of liability insurance, and be, at all times, in
possession of a valid permit issued by the state Fire Marshal and a valid permit issued by
the Chief of the Paducah Fire Department or his designee where required under this
ordinance.
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BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS:
SECTION 1. That the City of Paducah, Kentucky, hereby repeals Article
IV of Chapter 46 of the Code of Ordinances of the City of Paducah. That the City of
Paducah by and through its Board of Commissioners, hereby establishes a Fireworks
Ordinance as set forth hereinbelow:
Section 46-90. Title. This ordinance shall be known and may be cited as
the "Fireworks Enforcement Code."
Section. 46-91. Definitions. For purposes of this chapter, the following
definitions shall apply, unless the context indicates or requires a different meaning:
Aerial or Audible Consumer Fireworks shall mean those Consumer
Fireworks described in KRS 227.702 (2) and (3) only.
Ancillary Fireworks Retailer shall mean any business entity, as that term
is defined in Chapter 106, Article III, Section 106-61 of the Code of Ordinances of the
City of Paducah which is open to the public year round and at least 20 calendar days per
month, and which offers for sale, exposes for sale, sells at retail or wholesale, or keeps
with intent to sell only those fireworks as described in KRS 227.702 (1) and which such
sales are ancillary to its primary course of business.
Consumer Fireworks shall have the same meaning as in KRS 227.702.
Fireworks shall have the same meaning as in KRS 227.700 except it shall
not include those described in KRS 227.702 (1).
Permanent Fireworks Retailer shall mean any business entity, as that term
is defined in Chapter 106, Article III, Section 106-61 of the Code of Ordinances of the
City of Paducah which is open to the public year round and at least 20 calendar days per
month, and, which offers for sale, exposes for sale, sells at retail or wholesale, or keeps
with intent to sell any Consumer Fireworks as its primary course of business.
Seasonal Fireworks Retailer shall mean any business entity, as that term is
defined in Chapter 106, Article III, Section 106-61 of the Code of Ordinances of the City
of Paducah which is not considered a Permanent Fireworks Retailer, and which offers for
sale, exposes for sale, sells at retail or wholesale, or keeps with intent to sell any
Consumer Fireworks described in KRS 227.702 (2) and/or (3).
Section 46-92. Use of Fireworks Prohibited. The use or sale of
Fireworks, including Consumer Fireworks, is prohibited except as set forth herein. The
use or sale of any Fireworks other than Consumer Fireworks, is subject to the applicable
restrictions of state and federal law and are further prohibited at all times within the city
without written approval of the Chief of the Paducah Fire Department.
Section 46-93. Exceptions. Fireworks and Consumer Fireworks shall not
be used, ignited, fired, or exploded in the city limits of the City of Paducah, Kentucky,
except as follows:
(A) Fireworks and Consumer Fireworks must be handled, stored, used,
possessed, and sold in accordance with all applicable federal, state,
and local law.
(B) Only Fireworks and Consumer Fireworks defined in KRS
227.702(1) may only be used or ignited in the City of Paducah.
(C) No person may use, ignite, fire, or explode any Fireworks or
Consumer Fireworks as defined in KRS 227.702 (2) and (3) within
the City of Paducah.
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(D) Notwithstanding subsections (B) and (C) of this section, the Chief
of the Paducah Fire Department or other authorized city official
may grant permits for supervised public displays of fireworks by
the city, fair associations, amusement parks, and other
organizations or groups of individuals. Every display shall be
handled by a competent operator to be approved by the public
official by whom the permit is granted, and shall be of such
character, and so located, discharged or fired, as in the opinion of
the official, after proper inspection, shall not be hazardous to
property or endanger any person. Permits shall be filed with the
office of the state Fire Marshal at least 15 days in advance of the
date of the display. After the privilege is granted, sales, possession,
use and distribution of fireworks for the display shall be lawful for
that purpose only. No permit granted under this subsection shall be
transferable.
(E) Notwithstanding any provision of this chapter to the contrary, the
sale, at wholesale, of any fireworks for supervised displays by any
resident manufacturer, wholesaler, dealer, or jobber, in accordance
with regulations of the U.S. Bureau of Alcohol, Tobacco, and
Firearms is permitted, if the sale is to the person holding a display
permit as outlined in subsection (D) of this section. The permit
holder shall present the permit along with other verifiable
identification at the time of sale.
Section 46-94. Permitted Sale of Fireworks. Seasonal Fireworks
Retailers and Permanent Fireworks Retailers within the City of Paducah shall:
(A) Submit an application for a "Retail Fireworks Permit" from the
Paducah Fire Department, at least fifteen (15) days prior to the
applicant's desired effective date for the Retail Fireworks Permit,
on a form approved by the Chief of the Paducah Fire Department
which shall, in addition to any requirements established by the
Chief or his designee, at a minimum require the submission of the
name, phone number, and permanent address of the applicant. In
the event that the applicant desires to operate multiple locations, a
separate application must be submitted for each location and each
location must have a separate Firework Sales Permit.
Additionally, all applications must include a detailed site plan for
the proposed location, the address of the proposed location, and
contact information for the owner of the proposed location if other
than the applicant, a building permit if required pursuant to Article
III of Chapter 18 of the Code of Ordinances of the City of
Paducah, and a certificate of occupancy if required pursuant to
Article V of Chapter 126 of the Code of Ordinances of the City of
Paducah,and
(B) Provide proof of registration with the state Fire Marshal in
accordance with the applicable provisions of Chapter 227 of the
Kentucky Revised Statues, and
(C) Obtain an occupational business license from the City of Paducah
in accordance with Article III of Chapter 106 of the Code of
Ordinances of the City of Paducah, and
(D) Provide a certificate of insurance or other valid proof of general
liability insurance in an amount of not less than one million dollars
($1,000,000.00) per occurrence which shall remain in effect at all
times while engaged in the permitted activity, and
(E) Pay a permit fee according to the following table:
CCl
Type of Applicant
Permit Fee
Permit Period
Seasonal Fireworks Retailer
$500.00 Per
Automatically expires 60
Location
calendar days after the
effective date
Permanent Fireworks Retailer
$1000.00 Per
Automatically expires
Location
365 calendar days after
the effective date or upon
a date in which the
location no longer
qualifies as a Permanent
Fireworks Retailer as
defined herein
Permanent Fireworks Retailer
$500.00 Per
Automatically expires
(Renewal)
Location
365 calendar days after
the effective date or upon
a date in which the
location no longer
qualifies as a Permanent
Fireworks Retailer as
defined herein
In the event that an applicant wishes to operate more than one
geographical location within the City, each location must have a separate permit
and each permit is subject to the applicable permit fee, and
(F) Comply with all aspects of applicable provisions of Chapter 227 of
the Kentucky Revised Statutes, the International Building Code
with Kentucky Amendments (adopted edition), NFPA 1124
(National Fire Protection Association) and the Paducah Municipal
Code, including obtaining a certificate of occupancy, and
(G) Not allow any person under eighteen (18) years of age to sell
Consumer Fireworks, and
(H) Not give, offer for sale, or sell any Consumer Fireworks to any
person under eighteen (18) years of age, and
(I) Not offer for sale, expose for sale, or sell Consumer Fireworks
except between the hours of 8:00 a.m. and 10:00 p.m.
Section 46-95. Display of Permit. A valid Retail Fireworks Permit must
be prominently displayed at each location and at all times during the hours of operation.
The Chief of the Paducah Fire Department or his designee may revoke or suspend any
Retail Fireworks Permit of any site which is in violation of this Chapter, Chapter 227 of
the Kentucky Revised Statutes or Article III of Chapter 106 of the Code of Ordinances of
the City of Paducah or any other provision of the Code of Ordinances of the City of
Paducah.
Retailers shall:
Section 46-96. Ancillary Fireworks Retailers. Ancillary Fireworks
(A) Comply with all aspects of the applicable provisions of Chapter
227 of the Kentucky Revised Statutes, the International Building
Code with Kentucky Amendments (adopted edition), NFPA 1124
(National Fire Protection Association) and the Code of Ordinances
of the City of Paducah, including but not limited to any
requirement for a Certificate of Occupancy per Section 126-142 of
the Code of Ordinances of the City of Paducah, and
(B) Not give, offer for sale, or sell any Consumer Fireworks to any
person under eighteen (18) years of age, and
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(C) Not offer for sale, expose for sale, sell at retail or wholesale, or
keep with intent to sell any Consumer Fireworks other than those
described in KRS 227.702 (1), and
(D) Possess an occupational business license from the City of Paducah
in accordance with Article III of Chapter 106 of the Code of
Ordinances of the City of Paducah, and
' (E) Maintain a certificate of insurance or other valid proof of general
liability insurance in an amount of not less than one million dollars
($1,000,000.00) per occurrence.
Section 46-97. Criminal Penalties. Any person convicted of violating
Article IV of Chapter 46 of the Code of Ordinances of the City of Paducah shall be fined
not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), or confined
in the county jail for not more than thirty (30) days, or both. Each day a violation occurs
shall constitute a separate offense.
SECTION 2. The provisions of this Article are severable, and if any
section, phrase or provision hereof shall for any reason be declared invalid or
unenforceable, such declaration shall not affect the validity of the remainder hereof.
Where any provision of this ordinance is in conflict with any other provision of
applicable federal, state, or local law or regulation or any permit issued pursuant to this
ordinance or the Kentucky Revised Statutes, the more restrictive provision(s) shall
prevail.
SECTION 3. This Ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners, June 14, 2011
Adopted by the Board of Commissioners, June 21, 2011
Recorded by Tammara S. Brock, City Clerk, June 21, 2011
Published by The Paducah Sun, June 27, 2011
46 -fireworks ordinance -final version 2011
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