City Ordinances

ARTICLE 1. FIRE DEPARTMENT

7–101. CITY FIRE DEPARTMENT ESTABLISHED.

The fire department of the city is hereby designated as the Coffey County Fire District No. 1. (Code 2012)

7-102. FIRE EQUIPMENT, EMERGENCY RIGHT-OF-WAY AND USE.

(a) All fire apparatus and equipment is hereby given and granted the exclusive right-of-way over and through all streets, avenues, alleys and public thoroughfares in the city while en route to fires or in response to any alarm, and it shall be unlawful for any person or persons to in any manner obstruct or hinder the apparatus or equipment.

(b) All emergency vehicles of the fire department, while proceeding on official business, shall be operated in strict accordance with the requirements of the Kansas Statutes regarding the operation of emergency vehicles, and each departmental member assigned to the operation of emergency vehicles shall familiarize himself or herself with the requirements of the law and govern himself or herself accordingly. Any operator violating the provisions of the state law shall be liable for disciplinary action. (Code 2012)

7–103. SAME, FIRE HOSE.

It shall be unlawful for any person or persons to drive any vehicle over any fire hose laid on any street, alley or lot. This section shall not apply to any apparatus or vehicle being driven by members of the fire department. (Code 2012)

7-104. OBSTRUCTION OF FIRE HYDRANT.

It shall be unlawful for any person to place or cause to be placed upon or about any fire hydrant any rubbish, building material, fence or other obstruction of any character, or in any manner obstruct, hinder, or delay the fire department in the performance of its duties in case of fire. Nor shall any person fasten to any fire hydrant any guy rope or brace, nor stand any vehicle within 15 feet of any such hydrant. (Code 2012)

7-105. FALSE ALARM.

It shall be unlawful for any person to knowingly make or sound or cause to be made or sounded, or by any other means, any false alarm. (Code 2012)

ARTICLE 2. FIRE PREVENTION

7–201. OPEN BURNING.

(a) No garbage or other materials described as garbage shall be burned at any time except in an incinerator or other appliance Constructed specifically for such purposes and approved by the city council, and equipped with a flue, chimney, or smokestack which will carry the smoke and odors therefrom above surrounding rooftops.

(b) It shall be unlawful for any person to kindle or maintain any bonfire or any rubbish fire or authorize any such fire to be kindled or maintained on or in any public sidewalk, street, alley, road, utility easement, or other public ground except in authorized fire places in park locations, unless permission from Coffey County shall have first been obtained.

(c) No person shall kindle or maintain any bonfire, rubbish fire, or trash fire, nor permit any such fire to be kindled or maintained on any private property within the city except in an incinerator properly and safely constructed and located in accordance with requirements of the city council.

(d) All persons must comply with the Coffey County burning requirements. (Ord. 80-1; Code 2012)

7-202. ACCUMULATION OF RUBBISH AND TRASH.

It shall be unlawful for any person to allow to accumulate or to keep in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises within 30 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard. (Code 2012)

7-203. KEEPING OF PACKING MATERIALS.

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or bins having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily. (Code 2012)

7-204. STORAGE OF ASHES.

It shall be unlawful to store ashes inside of any non-fireproof building unless they are stored in a noncombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden, plastic, or paper product receptacles or dumped in contact with or in close proximity to any combustible materials. (Code 2012)

7-205. FILLING GASOLINE TANKS OF MOTOR VEHICLES.

The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code. (Code 2012)

7-206. FIRE HAZARDS GENERALLY.

It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or condition conducive to the outbreak of or spreading of fire, is declared to be a fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors charged with electricity, is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient, accessible and unobstructed fire exits and escapes is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other condition that might delay the fire department in fighting fire is declared to be unlawful. (Code 2012)

ARTICLE 3. FIREWORKS

7-301. FIREWORKS DEFINED.

For purposes of this article, the term fireworks shall mean those items as defined by the rules and regulations of the Kansas state fire marshal, and shall include but not be limited to: firecrackers, torpedoes, sparklers, Roman candles, sky rockets, pin wheels, cap or toy pistols (except such pistols or any like device designed to discharge paper caps containing not more than 25 grains of explosive mixture), canes, bombs, cannons or other like devices and all classes of fireworks that may be shot into the air or propelled over the ground by explosive discharges or any device using blank cartridges. (Code 2012)

7-302. FIREWORKS PROHIBITED.

(a) Except as provided in sections 7–303:306; it shall be unlawful for any person to keep, store, display for sale, fire, discharge or explode any fireworks.

(b) Nothing in this article shall be construed as applying to: (1) Toy paper caps containing not more than 25 of a grain of explosive composition per cap;

(2) The manufacture, storage, sale or authorized use of signals necessary for the safe operation of railroads or other classes of public or private transportation;

(3) The military or naval forces of the United States or of this state while in the performance of official duty;

(4) Law enforcement officers while in the performance of official duty; or (5) The sale or use of blank cartridges for ceremonial, theatrical or athletic events. (Code 2012)

7-303. SAME: EXCEPTIONS: DISCHARGES.

(a) Section 7-302 of this article shall not apply to the firing or discharge of fireworks in the city between the hours of 8:00 a.m. and 10:30 p.m., July 1st through July 5″, except on July 4, when fireworks may be discharged or fired between the hours of 8:00 a.m. and 12:00 midnight.

(b) The governing body of the city may, in its discretion, grant permission at any time for the public display of fireworks by responsible individuals or organizations when such display or displays shall be of such a character and So located, discharged and fired as shall not be a fire hazard or endanger persons or surrounding property.

(c) It shall be unlawful for any person, firm or corporation to give any public display of fireworks without having first obtained a permit thereof. (Ord. 99-7; Code 2012)

7-304. SAME: EXCEPTION; SALE OF FIREWORKS.

Any person who has first obtained a valid permit to sell fireworks within the city may do so between the hours of 8:00 a.m. and 12:00 midnight commencing June 27th and through July 5th of each year. (Ord. 99–7; Code 2012)

7–305. PERMIT FOR SALE OF FIREWORKS REQUIRED, FEE, ISSUANCE.

(a) It shall be unlawful for any person to sell, display for sell, offer to sell or give away any type of fireworks within the city without first paying a fee of $50.00 per establishment or premises to the city clerk and applying for and securing a permit therefor on or before May 31st of the permit year. No permit shall be issued to anyone who has not reached the age of 18.

(b) No permit shall be issued for any location where retail sales are not permitted under the zoning laws. Prior to the issuance of the permit, an inspection will be made of the applicant’s facility for compliance with this chapter and other pertinent laws, and no permit shall be issued for any premises not in compliance with such laws. Upon qualifying for the permit, the permittee shall prominently display the same at the establishment or premises where fireworks are to be sold or displayed for sale. The permit fee shall not be refundable upon failure to qualify for the permit or withdrawal or cancellation of the application or permit.

(c) The governing body reserves the right in its discretion to review and approve the desired location for the sale of fireworks and to reject any such location it does not believe would be in the public interest or welfare. In

determining whether a permit will be issued, the governing body shall consider all

relevant factors including, but not limited to:

(1) Automobile traffic flow or congestion; (2) Potential fire hazard, and (3) Proximity to other businesses and residents. (Ord. 99–7; Code 2012)

7-306. PERMIT FOR PUBLIC FIREWORKS DISPLAY REQUIRED.

(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. 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. (Code 2012)

7-307. APPROVED FIREWORKS; BOTTLE ROCKETS PROHIBITED.

(a) All fireworks offered for sale and discharged within the city shall be of a type that has been tested and approved for sale and use within the state by the state fire marshal.

(b) Bottle rockets and other similar self-propelled firework or fireworks devices consisting of a tube and attached guiding stock or rod shall not be sold or discharged in the city. (Code 2012)

7–308.  THROWING PROHIBITED.

It shall be unlawful for any person to throw, cast or propel fireworks of any kind in the direction of or into the path of any animal, person or group of persons, or from, in the direction of or into any vehicle of any kind. (Code 2012)

7–309. SALE OF FIREWORKS; WHERE PROHIBITED.

(a) It shall be unlawful for fireworks to be stored, sold or displayed for sale in a place of business where paint, oils, varnishes, turpentine or gasoline or other flammable substances are kept, unless such fireworks are in a separate and distinct section or department of the premises.

(b) Where the fire chief deems there is a fire hazard, he or she is hereby authorized to have such hazard abated. (Code 2012)

7-310. RETAIL DISPLAY OF FIREWORKS.

(a) All retailers are forbidden to expose fireworks where the sun shines through glass on the merchandise displayed, except where such fireworks are in the original package.

(b) All fireworks displayed for sale must remain in original packages, except where an attendant is on constant duty at all times where such fireworks are on display; provided, that fireworks in open stock may be kept in show cases or counters out of the reach of the public without an attendant being on duty.

(c) Signs reading “Fireworks for Sale–No Smoking Allowed” shall be displayed in the section of a store or premises set aside for the sale of fireworks. (Code 2012)

7-312. FIRE EXTINGUISHERS REQUIRED.

(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. (Code 2012)

7-313. RESTRICTIONS AS TO GASOLINE INSTALLATIONS. It shall be unlawful to store, keep, sell, display for sale or discharge any fireworks within 500 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. 99-7; Code 2012)

ΤΑΒLΕ ΟF CΟΝΤΕΝΤS

CHAPTER I. ADMINISTRATION

CHAPTER II. ANIMAL CONTROL AND REGULATION

CΗΑΡΤΕR III. BEVERAGES

CΗΑΡΤΕR IV. BUILDINGS AND CONSTRUCTION

CΗΑΡΤΕR V. BUSINESS REGULATIONS

CHAPTER VI. ELECTIONS

CΗΑΡΤΕR VII. FIRE

CΗΑΡΤΕR VIII. HEALTH AND WELFARE

CΗΑΡΤΕR IX. MUNICIPAL COURT

CΗΑΡΤΕR X. POLICE (RESERVED)

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CΗΑΡΤΕR XI. PUBLIC OFFENSES

CΗΑΡΤΕR XII. PUBLIC PROPERTY

CΗΑΡΤΕR XIII. STREETS AND SIDEWALKS

CΗΑΡΤΕR XIV. TRAFFIC

CΗΑΡΤΕR XV. UTILITIES

CΗΑΡΤΕR XVI. ZONING AND PLANNING

APPENDIX A. CHARTER ORDINANCES

APPENDIX B. FRANCHISES