HomeMy WebLinkAboutORDINANCE 1925-2001Suggested by: Fire Department
CITY OF KENAI
ORDINANCE N0. 1925-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI MUNICIPAL CODE BY ADDING CHAPTER 8.20, PROHIBITING THE USE
AND SALE OF FIREWORKS WITHIN THE CITY OF KENAI, EXCEPT FOR
AUTHORIZED FIREWORK DISPLAYS.
WHEREAS, KPB 10.18 currently prohibits the sale and use of fireworks in the Kenai
Peninsula Borough outside of the organized cities of Kenai, Soldotna, Seward,
Seldovia, Kachemak City and Homer; and
WHEREAS, the use and sale of fireworks within the City of Kenai present both a safety
and a fire danger to the public; and
WHEREAS, it is in the best interest of the City of Kenai to prohibit the use and sale of
fireworks within the City of Kenai.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 8.20 is added as appears in Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August
2001.
ATTEST:
r
Carol L. Freas, City Clerk
Introduced: August 1, 2001
Adopted: August 15, 2001
Effective: September 15, 2001
Chapter 8.20 FIREWORKS CONTROL
8.20.010 Fireworks Control.
This chapter shall be known as the fireworks control ordinance of the City of
Kenai.
8.20.020 Fireworks Prohibition -Exception
The use of all classes of fireworks are forbidden within the City of Kenai, except
as otherwise provided by code for use in public displays by the City,
associations and other organizations, or groups holding a current permit issued
by the City as provided elsewhere in this chapter. Official use of fireworks in
the interest of public safety, animal control and animal hazing at the Kenai
Municipal Airport shall be permitted.
8.20.030 Use Permits
(a) The City may issue a pyrotechnic permit to the City, association or other
organization, or groups for public fireworks displays, provided that the
display is to be conducted by a professional pyrotechnician within thirty
(30) days from the date of an approved application showing the following:
(i) Dates and location of the proposed displays; and
(ii) That all appropriate or required State licenses or certificates have
been procured; and
(iii) That a policy or certified true copy of a policy. of public liability
insurance and products liability insurance coverage provided by
the applicant or his employer has been filed with the City,
including both accident and occurrence in the amount of at least
~ 1,000,000 for bodily injury and death and at least X500,000 for
property damage; and
(iv) That the City of Kenai Fire Department has been notified and
invited to be in attendance for fire control purposes; and
(v) That the Office of the State Fire Marshal has issued the necessary
licenses or certificates; and
(vi) The name of the applicant and the name and address of the
professional pyrotechnician or company who will be conducting
the display.
b) In the event that an objection is received from the State Fire Marshal or
the City of Kenai Fire Department, the City may deny the application for
cause shown.
8.20.040 Sale of Fireworks Forbidden.
The sale or offering for sale of fireworks is forbidden within the City.
Attachment A
Ordinance No. 1925-01 Page 1 of 2
8.20.050 Fireworks -Miscellaneous Provisions
1
No permit shall be issued for more than three displays per calendar year. No
permit is transferable.
8.20.060 Definitions.
For the purposes of this chapter, the following definitions shall apply:
aj "Fireworks" means fireworks as defined by AAC 18.72.100 as it now
exists or may from time to time be amended or changed by the
legislature.
b) "Display" means the detonation of fireworks at any time.
c) "Professional Pyrotechnician" means an individual who has been licensed
by the Division of Alcohol, Tobacco and Firearms to use Class A, Class B,
and Class C fireworks.
8.20.070 Penalties
Upon conviction, each violation of this chapter shall be punishable as provided
in KMC 13.05.010. Citations for violations of this chapter may be issued by
either the Kenai Police Department or the Kenai Fire Department.
Attachment A
Ordinance No. 1925-01 Page 2 of 2