Ark Valley News - ORDINANCE NO. 1260-13

ORDINANCE NO. 1260-13
Last Updated: May 23, 2013

(Published in The Ark Valley News on May 23, 2013.)

ORDINANCE NO. 1260-13

AN ORDINANCE OF THE VALLEY CENTER CITY COUNCIL AMENDING CHAPTER 9.75 OF THE VALLEY CENTER, KANSAS, MUNICIPAL CODE "FIREWORKS".

WHEREAS, Valley Center Municipal Code Title 9, Chapter 9.75 governs the sale, use and discharge of fireworks; and

WHEREAS, sky lanterns create a danger to the public health, safety and general welfare because they have an unpredictable flight path and can travel several miles before landing with the potential of starting a fire if they land on combustible materials while their fuel cell is still burning;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VALLEY CENTER, KANSAS, HEREBY ORDAINS AS FOLLOWS:

Section 1. There is hereby added to the Municipal Code of Valley Center, Kansas, Section 9.75.070 which is to read as follows:

9.75.070 Sky lantern defined

As used in this chapter, the term "Sky Lantern" means any sky candles, fire balloons and other airborne lanterns made of paper or other combustible material with a frame containing a candle, fuel cell composed of waxy flammable material or other open flame which serves as a heat source to heat the air inside the device to cause it to lift into the air.

Section 2. There is hereby added to the Municipal Code of Valley Center, Kansas, Section 9.75.075 which is to read as follows:

9.75.075 Sale and use of sky lanterns unlawful

It is unlawful for any person to sell, use, transfer, discharge or ignite any Sky Lantern within the city or to cause a lighted Sky Lantern to float into the city.

Section 3.  Severability.  Those chapters, sections, paragraphs, and provisions of Chapter 9.75 of the City of Valley Center Municipal Code which are not expressly added, amended or repealed by this Ordinance are hereby reenacted, and it is expressly declared to be the intention of this Ordinance not to repeal or amend any portions of the City of Valley Center Municipal Code other than those expressly added, amended or repealed in Sections 1 and 2 of this Ordinance.

Section 4.  Effective Date.   This ordinance shall be in full force and effect from and after its passage and after publication according to law.

PASSED AND APPROVED by the Governing Body of the City of Valley Center, Kansas, this 21st day of May 2013       First Reading:     May 7, 2013

Second Reading: May 21, 2013

Michael McNown, Mayor

ATTEST: Kristine A. Polian, City Clerk