[HISTORY: Adopted by the Fiscal Court of Henderson County 6-21-2011 by Ord. No.
11-01. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Fireworks
Enforcement Code."
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:
Those consumer fireworks described in KRS 227.702(2) and
(3) only.
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.
Shall have the same meaning as in KRS 227.702.
Shall have the same meaning as in KRS 227.700 except it shall
not include those described in KRS 227.702(1).
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.
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).
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.
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.
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.
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.
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.
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.
