There is hereby incorporated by reference for the purpose of regulating construction within the corporate limits of the city of Stockton, Kansas, that certain uniform code known as the International Fire Code, 2009 Edition, as published by the International Code Council. One copy shall be marked or stamped “Official Copy as Adopted by Ordinance No. 1563” and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours. All administrative departments of the city charged with enforcement of the ordinance shall be supplied, at the cost of the city, such number of official copies of such International Fire Code similarly marked, as may be deemed expedient.

(Code 1984, Ord. 1563)

The code hereby adopted shall be enforced by the chief of the fire department.

(Code 1984)

(a)   Wherever the word municipality is used in the code hereby adopted, it shall be held to mean the City of Stockton.

(b)   Article 13, Fireworks, of the Fire Prevention Code is hereby deleted in its entirety.

(Code 1984)

No person shall cause or permit the open burning of any material, except as provided in Kansas Administrative Regulations 28-19-645 et seq. and the following:

(a)   Prior notification to the Rooks County Sheriff’s dispatch providing all information requested by the dispatcher, including but not limited to:

(1)   Name, address and phone number of responsible person.

(2)   Exact location of open burning operation.

(3)   Type of material being burned

(b)   No controlled burn is authorized if:

(1)   The current weather forecast indicated winds in excess of 20 mph during the expected burn time.

(2)   The National Weather Service has issued a Red Flag Warning or the County has enacted a burn ban due to extremely dry conditions.

(c)   The responsible person shall remain in continuous attendance at the burning operation with the ability to extinguish the fire if necessary and:

(1)   Said person is responsible for controlling the burn and prior to ignition will establish a 20 foot wide clear area (fire break) completely surrounding the area to be burned capable of containing the burn.

(2)   Said person shall take all action necessary to control the burn and confine it to the area intended to be burnt.

(3)   Said person shall have on site all extinguishing equipment necessary to control the burn.

(4)   Said person shall immediately call dispatch when the controlled burn is finished and extinguished.

(d)   No controlled burn shall be started between sunset and sunrise, except as approved by the Fire Chief, or his designee, and the Rooks County Sheriff’s Department.

(e)   Any person in violation of this ordinance shall be issued a citation by the Rooks County Sheriff’s Department or the Stockton Police Department.       

(1)   First offense will be classified as a Class C Misdemeanor.

(2)   Second offense will be classified as a Class B Misdemeanor

(3)   Third and subsequent offenses will be classified as a Class A Misdemeanor.

(Code 1984; Ord. 1593; Code 2015)

It shall be unlawful for any person to stack hay or straw on any lot or piece of ground within the city in a greater quantity than one ton, nor within 50 feet of any building where a fire is kept; provided, no hay or straw in any quantity shall be stacked within the fire limits of the city; and provided further, it shall be the duty of the fire chief to inspect the premises where hay or straw is stacked or stored in any quantity outside the fire limits and he or she may direct and require the removal of relocation of the same when the public safety demands it.

(Code 1959, 8-202; Code 1984)

It shall be unlawful for any person to allow to accumulate or to keep in any part of any building or outside of and adjacent to any building or in any alley, sidewalk, street or premises, within 30 feet of any building any rubbish, trash, waste paper, excelsior, empty boxes, barrels or other combustibles which shall constitute a fire hazard.

(Code 1959, 8-201)

It shall be unlawful to keep excelsior or other packing material in any other than metal or wood metal line boxes or bins having self-closing or automatic covers. All refuse and trash from rooms where packing or unpacking is done shall be removed daily.

(Code 1959, 8-203)

It shall be unlawful to store ashes inside of any non-fireproof building unless they are stored in an incombustible container or receptacle, and a clearance of at least five feet shall be maintained between such container or receptacle and any combustible materials not placed therein. Ashes shall not be stored outside of any building in wooden receptacles or dumped in contact with or in close proximity.

(Code 1959, 8- 204)

The engines of motor vehicles shall be stopped when the gasoline tanks of such vehicles are being filled with gasoline at service stations or other places where gasoline is supplied to motor vehicles. The driver or person in control of such vehicle when the gasoline tank of same is being filled who refuses, neglects or fails to stop the engine of such vehicle shall likewise be guilty of a violation of this code.

(Code 1984)

It is unlawful for any person to cause or create anywhere within the city, or to permit on any premises under his or her control, any situation or condition that is conducive to or likely to cause or permit the outbreak of fire or the spreading of fire. Any situation or condition conducive to the outbreak of or spreading of fire, is declared to be a fire hazard. The violation of or failure to comply with any law pertaining to the storage, handling or use of inflammable oils, explosives, liquefied petroleum gases, or fertilizers and all wires and other conductors Charged with electricity, is declared to be a fire hazard. The placing of stools, chairs or any other obstruction in the aisles, hallways, doorway, or exit of any theater, public hall, auditorium, church or other place of indoor public assemblage, or the failure to provide any such place of public assemblage with sufficient, accessible and unobstructed fire exits and escapes is also declared to be a fire hazard. The obstruction of any street, avenue, alley, fire hydrant or any other condition that might delay the fire department in fighting fire is declared to be unlawful.

(Code 1984)

Whenever any officer or member of the fire department shall find or discover any fire hazard or shall find in any building or upon any premises combustible or explosive material or dangerous accumulation of rubbish or unnecessary accumulation of paper, boxes, shavings or any other inflammable material, so situated as to endanger property by the probability of fire, or shall find or discover any violation of this chapter or any other law hazardous to public safety from fires, the fire chief shall order the fire hazard or danger from the fire forthwith abated and remedied and such order shall be complied with immediately by the owner or occupant of such buildings or premises. If the hazard or condition ordered abated and remedied is a violation of, or a failure to comply with any law, the fire chief shall report the matter to the city attorney and he or she shall, if he or she deems it advisable, prosecute the offender.

(Code 1959, 8-207; Code 1984)

Any order made under section 7-112 shall be in writing and may be served personally upon the owner or occupant of the premises or by leaving it with any person in charge of the premises or if the premises are unoccupied and the owner is a nonresident of the “city, then by mailing a copy to the owner’s last known post-office address. One notice to either the occupant or owner shall be sufficient. The fire chief shall keep a record of and copies of all such orders and notices and shall follow up such notices at the expiration of the time for compliance therewith and when complied with make proper entry, and if not complied with, file complaint with the municipal court against the delinquent.

(Code 1959, 8-208; Code 1984)

(a)   The manufacture, sale and discharge of fireworks in the city shall be governed by the Rules of Regulations of the State Fire Marshal, as set out in the Kansas Administrative Regulations at 11-6-1 through 22-6-16. Such Rules and Regulations are hereby incorporated by reference as if set out in full herein.

(b)   Section 22-6-5 of the Rules and Regulations of the State Fire Marshal incorporated in subsection (a) above is hereby amended to read as follows: The sale, offering for sale, and shooting or firing of fireworks of every nature, shall be conducted only in accordance with a permit issued as provided by sections 7-115 or 7-117 herein.

(Ord. 1249, Sec. 4; Code 1984)

(a)   Fireworks may be discharged within the city except as otherwise provided by section 7-117 herein, on July 4th during the hours of sunrise to 12:00 a.m. (midnight) by persons in their own yard, or in the yard of other persons by agreement with such person or in an area in the public park system designated for discharging fireworks. All fireworks shall be discharged in a safe and prudent manner under the supervision of an adult who must be present when the fireworks are being discharged.

(b)   It shall be unlawful to discharge fireworks from a vehicle, whether moving or not moving.

(c)   It shall be unlawful to discharge bottle rockets, cherry bombs, or to discharge firecrackers which are longer than one and one-half inches, or any other fireworks that when discharged will travel outside the yard or public park area set aside for discharging fireworks.

(Ord. 1249, Sec. 1:3)

It shall be unlawful for any person, firm or corporation to sell, keep, store or display for the purpose of sale any fireworks within the city.

(Code 1959, 8-402)

The governing body may issue permits to responsible persons, firms, or corporations to keep or store for the purpose of providing fireworks displays for Fourth of July or other celebrations, and may issue permits for the persons, organizations or agents of the city to discharge fireworks at Fourth of July or other celebrations at times and places designated by the governing body.

(Code 1959, 8-404)