Johnson County County Manager's Office

Article 3: Regulation of Fireworks

Section I: Definitions
Section II: Sale and Use Prohibited
Section III: Public Display Permit
Section IV: Qualifications for Permit
Section V: Conduct of Public Display
Section VI: Exception
Section VII: Enforcement and Penalties

SECTION I. DEFINITIONS.

For the purposes of this Regulation, the term “fireworks” shall mean any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation and shall include blank cartridges, toy pistols, toy cannons, toy cannons, or toy guns in which explosives are used, firecrackers, torpedoes, sky-rockets, Roman candles, Daygo bombs, sparklers or other devices of like construction and any device containing an explosive substance. The term “fireworks” shall not include the following:

Toy caps which do not contain more than one quarter (1/4) grain of explosive compound per cap or devices in which such caps are used;

Highway flares, railway flares or fuses, ship distress signals, smoke candles, or other emergency signal devices; or

Blank cartridges or firearm ammunition.

“Qualified civil group or organization” shall mean any governmental entity, homes association, neighborhood association, group of homeowners, which comprise a majority of the residences within 1000 feet of the location of the display, and similar groups maintaining a neighborhood or civic purpose.

SECTION II. SALE AND USE PROHIBITED. No person shall store, offer for sale, expose for sale, sell at retail, use, explode, discharge or possess any fireworks, as defined in this Regulation, within the unincorporated area of the County except for permitted public displays, wholesale distribution outside Johnson County, Kansas and permitted agricultural usage.

SECTION III. PUBLIC DISPLAY PERMIT. No person shall use any fireworks, as defined in this Regulation, as part of or in a public exhibition or display of fireworks without first having obtained a permit, in the manner provided in Article 4 of these Regulations.

SECTION IV. QUALIFICATIONS FOR PERMIT. A permit for the public exhibition or display of fireworks shall be issued upon satisfaction of the following qualifications:

The person requesting the permit represents a qualified civic group or organization;
The public exhibition or display of fireworks will be conducted as part of a holiday celebration, special event or activity, ceremony, or other occasion of similar nature; and
The person conducting the public exhibition or display of fireworks has demonstrated knowledge and experience in the safe and proper storage, handling any firing of fireworks or related incendiary devices.

SECTION V. CONDUCT OF PUBLIC DISPLAY. Any public exhibition or display of fireworks conducted pursuant to a permit issued under these Regulations shall be conducted in accordance with the following conditions:

Fireworks shall be kept and stored, prior to firing, in a place and manner which is not hazardous to property or dangerous to any person;
The exhibition or display shall be arranged so that the fireworks are to be fired at least 100 feet from the nearest building, nearest public roadway, and nearest point of location of any persons viewing the exhibition or display;
Fireworks that fire a projectile into the air shall be directed in such manner that the projectile does not fire over or above any building structure or any persons viewing the exhibition or display, and the angle of the projectile shall be no more than 15 degrees from the vertical;
The persons firing the fireworks shall be at least 18 years of age, and there shall be at least two persons supervising the actual firing at all times during the display;
At least two approved fire extinguishers shall be present at the site of the firing of the fireworks;
The person conducting the exhibition or display shall have or provide liability insurance coverage which would apply to the display in an amount satisfactory to the County Administrator.
All unfired fireworks and fireworks residue remaining after the public exhibition or display shall be immediately disposed of in a manner safe for that type of fireworks and such that no hazardous or dangerous condition is created.

SECTION VI. EXCEPTION. This Regulation shall not apply to the use of any fireworks for agricultural, emergency, or railroad or transportation purposes, where that use us a part of the normal business operation of the user.

SECTION VII. ENFORCEMENT AND PENALTIES. Violation of any provision of this Regulation shall be a public offense, punishable upon conviction by a fine in the amount not less than twenty-five dollars and not more than one hundred dollars for each offense.

JOHNSON COUNTY MANAGER'S OFFICE
111 S. Cherry St., Suite 3300
Olathe, KS 66061-3468
(913) 715-0725