Henderson County, KY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Fiscal Court of Henderson County 6-21-2011 by Ord. No. 11-01. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 105.
Special events — See Ch. 210.
Zoning — See Appendix A.

§ 141-1 Title.

This chapter shall be known and may be cited as the "Fireworks Enforcement Code."

§ 141-2 Definitions.

The following words, terms and/or phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AERIAL OR AUDIBLE CONSUMER FIREWORKS
Those consumer fireworks described in KRS 227.702(2) and (3) only.
ANCILLARY FIREWORKS RETAILER
Any person, business entity, association, or corporation of any kind 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
Any person, business entity, association, or corporation of any kind 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
Any person, business entity, association, or corporation of any kind 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).

§ 141-3 Use and sale restricted.

A. 
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, including display fireworks as defined in KRS 227.706, is subject to the applicable restrictions of state, federal, and local law.
B. 
Fireworks and consumer fireworks shall not be used, ignited, fired, or exploded in Henderson County, Kentucky, except as follows:
(1) 
Fireworks and consumer fireworks must be handled, stored, used, possessed, and sold in accordance with all applicable federal, state, and local law.
(2) 
Fireworks and consumer fireworks may only be used, ignited, fired, or exploded between the hours of 10:00 a.m. and 10:00 p.m., except that they may be used, ignited, fired, or exploded between the hours of 10:00 a.m. on December 31 to 12:00 midnight on January 1, and also between the hours of 10:00 a.m. and 12:00 midnight on the following dates or holidays: July 3, July 4, and Memorial Day.
(3) 
Notwithstanding any provision herein to the contrary, and regardless of the day of the week on which July 4 falls, persons may use, ignite, fire, or explode fireworks or consumer fireworks on any date specifically named or designated by the Henderson County Fiscal Court as the date to celebrate Independence Day for the County, if other than the actual date of July 4 between the hours of 10:00 a.m. and 12:00 midnight.
(4) 
No person may use, ignite, fire, or explode any fireworks or consumer fireworks as defined in KRS 227.702(2) and (3) if they are under the age of 18, or within 200 feet of any structure, motor vehicle (whether operational or nonoperational), or any other person.

§ 141-4 Seasonal and permanent retailers.

Seasonal fireworks retailers and permanent fireworks retailers within the Henderson County, Kentucky shall:
A. 
Submit an application for a retail fireworks permit to the Henderson Sheriff's Department, at least 15 days prior to the applicant's desired effective date for the retail fireworks permit, on a form approved by the Henderson County Sheriff which shall, in addition to any requirements established by the Sheriff 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 does not have to be submitted for each location; however, each location must have a separate firework sales permit. No permit shall be required for a seasonal fireworks retailer or permanent fireworks retailer for business conducted solely within the city limits of an incorporated city in Henderson County, Kentucky if said retailer obtains and maintains a valid permit from said city government pursuant to its own ordinance. All other requirements of this chapter shall still apply to such retailers. Additionally, all applications must include a detailed site plan for the proposed location, which must be in a Highway Commercial or Light Industrial Zoning District; provided, however, that seasonal fireworks retailers are also allowed to locate in General Business Zoning Districts, provided that the facility from which the fireworks are sold and/or stored is at least 300 feet from any residential structure measured from a corner of the facility which is nearest the residential structure in a straight line to the nearest corner of the residential structure. The site plan shall also be submitted to the County Codes department, and the application shall contain the address of the proposed location, and contact information for the owner of the proposed location if other than the applicant. Further, the provisions contained in the County's zoning ordinance prohibiting more than one business or building per lot shall not apply to the facilities used by seasonal fireworks retailers in any zoning districts in which they are allowed.[1] If the aforesaid three-hundred-foot distance requirement from a residential structure is violated, then the owner of the business conducted in the seasonal fireworks retailer facility shall be cited and assessed a civil penalty in the amount of $250, to be paid to the County Treasurer within 10 business days of the issuance of the citation. Should the penalty not be paid within said 10 days, then the County may seek to collect said sum in the Henderson District Court, together with legal interest, court costs and attorney fees. Each day a violation occurs shall constitute a separate offense.
[1]
Editor's Note: See Appendix A, Zoning.
B. 
Provide proof of registration with the State Fire Marshal in accordance with the applicable provisions of Chapter 227 of the Kentucky Revised Statutes; and
C. 
Obtain a signature on the application from the Henderson City-County Planning Commission indicating that the proposed location on the application is zoned appropriately for the conduct of said business; and
D. 
Provide a certificate of insurance or other valid proof of general liability insurance in an amount of not less than $1,000,000 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:
Type of Applicant
Permit Fee
Permit Period
Seasonal fireworks retailer
$500 per location
Automatically expires 60 calendar days after the effective date
Permanent fireworks retailer
$3,000 per location
Automatically expires 365 calendar days after the effective date or upon a date on which the location no longer qualifies as a permanent fireworks retailer as defined herein
Permanent fireworks retailer (renewal)
$600 per location
Automatically expires 365 calendar days after the effective date or upon a date on 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 County, 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 Code of Ordinances of Henderson County; and
G. 
Not allow any person under 18 years of age to sell consumer fireworks; and
H. 
Not give, offer for sale, or sell any consumer fireworks to any person under 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.

§ 141-5 Display; suspension or revocation of permit.

A valid retail fireworks permit must be prominently displayed at each location and at all times during the hours of operation. The Henderson County Sheriff or his designee may revoke or suspend any retail fireworks permit of any site which is in violation of this chapter or Chapter 227 of the Kentucky Revised Statutes or any County ordinance.

§ 141-6 Ancillary retailers.

Ancillary fireworks retailers shall:
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 Henderson County ordinances; and
B. 
Not give, offer for sale, or sell any consumer fireworks to any person under 18 years of age; and
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. 
Maintain a certificate of insurance or other valid proof of general liability insurance in an amount of not less than $1,000,000 per occurrence.

§ 141-7 Penalty.

A. 
Any person or entity convicted of violating § 141-3B(2) of this chapter shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than $100 nor more than $500. Each day a violation occurs shall constitute a separate offense.
B. 
Any person or entity convicted of violating any provision of this chapter other than § 141-3B(2) or the distance requirement in § 141-4A shall be deemed guilty of a misdemeanor and shall be subject to a fine of not less than $500 nor more than $1,000, or imprisonment for a period not to exceed 30 days, or both such fine and imprisonment. Each day a violation occurs shall constitute a separate offense.

§ 141-8 Severability; conflicts with other provisions.

The provisions of this chapter 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 chapter is in conflict with any other provision of applicable federal, state, or local law or regulation or any permit issued pursuant to this chapter or the Kentucky Revised Statutes, the more restrictive provision(s) shall prevail.