ORDINANCE NUMBER 13-10700
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE III, DIVISION 2 OF THE SALINA CODE BY AMENDING SECTION 14-57.4 AND ADDING SECTION 14-57.7.1 PROHIBITING THE SALE AND DISCHARGE OF SKY LANTERNS AND GRANTING THE CITY MANAGER OR THEIR DESIGNEE THE AUTHORITY TO PROHIBIT ADDITIONAL FIREWORKS DEEMED TO PRESENT AN UNEXPECTED OR UNCONTROLLED RISK TO PERSONS OR PROPERTY.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. That Section 14-57.4 of Chapter 14, Article III, Division 2 of the Salina Code is hereby amended as follows:
Sec. 14-57.4. Amendment of Section 3302 of the International Fire Code.
[Section 3302 is hereby amended by the substitution of the following definition and all other existing definitions remain unchanged:]
FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4G fireworks, approved consumer fireworks, or 1.3G fireworks as set forth herein.
Fireworks, 1.4G. (Formerly known as Class C, Common Fireworks.) Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such 1.4G fireworks which comply with the construction, chemical composition and labeling regulations of the DOTn for Fireworks, UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR: Parts 1500 and 1507, are not explosive materials for the purpose of this code.
Consumer Fireworks. Division 1.4G fireworks, except those prohibited by state law, provided such fireworks comply with CPSC 16 CFR, Parts 1500 and 1507, and DOTn 49 CFR, Parts 100-178, for consumer fireworks.
Fireworks, 1.3G. (Formerly known as Class B, Special Fireworks.) Large fireworks devices, which are explosive materials, intended for use in fireworks displays and designed to produce audible or visible effects by combustion, deflagration or detonation. Such 1.3G fireworks include, but are not limited to firecrackers containing more than 130 milligrams (2 grains) of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other display pieces which exceed the limits for classification as 1.4G fireworks. Such 1.3G fireworks, are also described as Fireworks, Uno335 by the DOTn.
Sky Lantern. Any uninhabited free floating device which includes a flame or other heating device to heat air as a lifting mechanism.
Section 2. Amendment. That Chapter 14, Article III, Division 2 is hereby amended by adding Section 14-57.7.1 as follows:
Sec. 14-57.7.1. Approved consumer fireworks.
Division 1.4G fireworks shall be deemed approved consumer fireworks, except:
(a) Those prohibited by state law;
(b) Sky lanterns; and
(c) Those deemed by the city manager to present an unexpected or uncontrolled risk to persons or property.
Section 3. Repealer. That existing Section 14-57.4 is hereby repealed.
Section 4. Effective. This ordinance shall be in full force and effect from and after its adoption and publication by the following summary once in the official city newspaper.
Ordinance No. 13-10700 Summary
On June 17, 2013, the City of Salina, Kansas, passed Ordinance No. 13-10700. The ordinance amends the Chapter 14, Article III, Division 2 of the Salina Code by amending Section 14-57.4 and adding Section 14-57.7.1 prohibiting the sale and discharge of sky lanterns and granting the city manager or their designee the authority to prohibit additional fireworks deemed to present an unexpected or uncontrolled risk to persons or property. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Introduced: June 10, 2013
Passed: June 17, 2013
Barbara V. Shirley, Mayor
Lieu Ann Elsey, CMC, City Clerk