31-155.   Bottle rockets; sale or use prohibited; exceptions. (a) Except as provided in subsection (c):

      (1)   It shall be unlawful to sell, offer to sell, or to possess with intent to sell or offer for sale a bottle rocket; and

      (2)   it shall be unlawful to ignite, fire, set-off or otherwise use a bottle rocket.

      (b)   Any person violating the provisions of subsection (a) shall be guilty of an unclassified misdemeanor punishable by a fine of not more than $100.

      (c)   The provisions of this section shall not prohibit the possession or transportation of bottle rockets by a manufacturer or wholesaler thereof for sale outside this state if such manufacturer or wholesaler is currently registered with the state fire marshal pursuant to K.S.A. 31-156.

      (d)   As used in this act, "bottle rocket" means any pyrotechnic device which:

      (1)   Is classified as a class C explosive by the United States department of transportation under 49 C.F.R. 173.100 (1977);

      (2)   is mounted on a stick or wire; and

      (3)   projects into the air when ignited, with or without reports, and includes any device with the same configuration, with or without reports, which may be classified as a pipe or trough rocket. "Bottle rocket" does not include helicopter-type rockets.

      History:   L. 1981, ch. 142, § 1; Jan. 1, 1982.