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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. 1 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. 2 (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 Ll (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 5