HomeMy WebLinkAboutOrdinance 1435 ORDINANCE N0 . J/ �� SCANNED
AN ORDINANCE TO BE KNOWN AS THE FIRE PREVENTION ORDINANCE OF THE CITY
OF FAYETTEVILLE , ARKANSAS : ADOPTING REGULATIONS GOVERNING FIRE HAZARDS
AND FIRE PREVENTION : PROVIDING PENALTIES FOR VIOLATIONS OF SUCH REGU"
LATIONS : REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH AND FOR OTHER PURPOSES .
WHEREAS , the City Council of the City of Fayetteville , Arkansas ,
caused a notice to be published in a newspaper of general circulation in
the City of Fayetteville , advising that it had under consideration the
adoption of an Ordinance relating to fire hazards and fire prevention as
set forth in a pamphlet entitled "State of Arkansas , Fire Prevention Code ,
Regulations governing Fire Hazards and Fire Prevention " , 1958 Edition ,
issued by Herman E . Lindsey , Director , Department of Arkansas State Police
and State Fire Marshal , as amended by said officer ' s order of August 15 ,
1963 ; and as set forth in a pamphlet entitled "State of Arkansas , State
Code , Liquified Petroleum Gas Containers and Equipment " , May 1964 Edition ,
issued by the LiquEfied Petroleum Gas Board ; and as set forth in Act 224
of 1961 , Acts of Arkansas , as amended by Act 34 of 1963 and
WHEREAS , three ( 3 ) copies of the above named materials are kept
on file in the office of the City Clerk of the City of Fayetteville ,
Arkansas , as provided by Act 267 of 1949 , Acts of Arkansas , and
WHEREAS , the City Council of the City of Fayetteville , Arkansas ,
finds that it is to the best interest of the City of Fayetteville that
the pamphlet entitled "State of Arkansas , Fire Prevention Code , Regu-
lations Governing Fire Hazards and Fire Prevention " , 1958 Edition ,
issued by Herman E . Lindsey , Director , Department of State Police and
State Fire Marshal , as amended by said officerts order of August 15 ,
1963 ; and the pamphlet entitled "State of Arkansas , State Code , Liqui-
fied Petroleum Gas Containers and Equipment " , May 1964 Edition , issued
by the Liquified Petroleum Gas Board ; and the provisions of Act 224 of
1961 , Acts of Arkansas , as amended by Act �34 of 1963 , be adopted .
1 .
NOW , - THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FAYETTEVILLE , ARKANSAS :
SECTION 1 . Adoption by reference .
There is hereby adopted by the City Council of the City of
Fayetteville , Arkansas , by reference thereto the provisions set forth
in the pamphlet entitled , "State of Arkansas , Fire Prevention Code ,
Regulations Governing Fire Hazards and Fire Prevention" , 1958 Edition ,
issued by Herman E . Lindsey , Director , Department of State Police and
State Fire Marshal , as amendedby said officerts order of August 15 ,
1963 ; and as set forth in the pamphlet entitled " State of Arkansas ,
State Code , Liquified Petroleum Gas Containers and Equipment " , May 1964
Edition , issued by the Liquified Petroleum Gas Board ; and as set forth
in Act 224 of 1961 , Acts of Arkansas , as amended by Act 34 of 1963 , save
and except such portions of said pamphlets and Act as are hereinafter
deleted , modified , or amended , and the provisions contained in said
pamphlets and Act are hereby adopted and incorporated as fully as if
set out at length herein , and the provisions thereof shall be controlling
within the corporate limits of the City of Fayetteville , Arkansas .
MICROFILMED
DATE
REEL �� 3
Ordinance No . - 2 - February 1965
SECTION 2 . Amendments , deletions and Modifications .
( 1 ) That Article XV of the Arkansas Fire Prevention Code be
amended by deleting Sections 1500 through 1503 and adding the following :
Section 1500 . Explosion of Fireworks .
( a ) It shall be unlawful for any person , firm or corporation
to explode or cause to be exploded any fire crackers , roman
candles , skyrockets , or any other fireworks within the cor-
porate limits of the City of Fayetteville , without having
first obtained the prior written consent of the Mayor speci -
fying the time , place and duration of such explosions or
pyrotechnical exhibitions .
( b ) Any person , firm or corporation violating any part of
subsection ( a ) of this Section shall be deemed guilty of a
misdemeanor , and upon conviction thereof be fined in any
not less than Five Dollars ( $ 5 . 00 ) , nor more than Twenty-
five Dollars ( $ 25 . 00 ) .
Section 1501 . Compliance with Act 224 of 1961 as amended .
( a ) Any person , firm or corporation securing written consent
of the Mayor for the explosion of fireworks as provided in
Section 1500 ( a ) of this Article , shall in the use or explo -
sion of or possession of said fireworks fully comply in all
respects with the provisions of Act 224 of 1961 , Acts of
Arkansas , as amended by Act 34 of 1963 , adopted by reference
in this Ordinance , including but not limited to the provisions
of said Act prescribing the type and kind of fireworks permis-
sible .
( b ) Except to the extent modified by Section 1500 and
Section 1501 ( a ) of this Article , the provisions of Act
224 of 1961 , Acts of Arkansas , as amended by Act 34 of
1963 , adopted by reference in this Ordinance , shall govern
in all respects the sale , possession , display , offering for
sale , and use of fireworks or pyrotechnics , and govern all
matters pertaining thereto as provided in said adopted act ,
in the City of Fayetteville , Arkansas .
( c ) Any persons , firms or corporations violating any of the
provisions of said adopted Act shall be subject to the penal -
ties and punishments prescribed in said Act .
( 2 ) That the provisions of Act 224 of 1961 , Acts of Arkansas , as
amended by Act 34 of 1963 , be amended by adding the following Section
after Section 14 of said adopted Act :
Section 15 . Legislative Intent .
It is the intention of the City Council of the City of
Fayetteville , Arkansas , in respect to the provisions of
Ordinance No . - 3 s February ' , 1965
this adopted Act relating to the use of fireworks and pyro -
technics , that such provisions shall a ly only in the event
written consent of the Mayor for the use or explosion of fire -
works or pyrotechnics is first obtained as provided in the
amendment contained in this Ordinance to Section 1500 of
Article XI of the Arkansas Fire Prevention Code ; it being
the express intention of the City Council in adopting said
amendment to Section 1500 to prohibit the use or explosion
of fireworks or pyrotechnics in the City of Fayetteville ,
Arkansas , unless written consent of the Mayor is first
received as provided in said amendment .
( 3 ) That Section 1900 of Article XIX of the Arkansas Fire Pre -
vention Code should be amended to read as follows :
Section 1900 General .
The storange and handling of liquified petroleum gasses shall
be as prescribed by the "State of Arkansas , State Code , Liqui -
fied Petroleum Gas Containers and Equipment " , May 1964 Edition ,
issued by the Liquified Petroleum Gas Board , and adopted by
reference in this Ordinance .
( 4 ) That Section 2602 of Article XXVI of the Arkansas Fire Pre-
vention Code should be amended to read as follows :
Section 2602 . Burning of Trash .
( a ) No person or persons shall kindle or maintain a bonfire ,
or burn trash , lumber , leaves , straw , or any other conbustible
material in any street or alley , or on any premises or vacant
lot , unless burning be done in a covered receptacle of not
more than one-fourth inch wire mesh , or of metal , without
first having obtained and having in full force and effect
written permission to do so from the Chief of the Fire
Department . No such permit shall be issued to kindle ,
build , maintain or use a fire within fifteen ( 15 ) feet of
a fire hydrant , or within two ( 2 ) feet of any concrete curb
or the surface of any permanent pavement , except for the
purpose of repairing , removing or constructing the same .
Burning under permit as provided for in this paragraph shall
also be subject to such additional proper safeguards as the
Chief of the Fire Department may prescribe . All burning of
materials permitted by this paragraph shall be conducted on
still days , during daylight , with an adult in constant attend-
ance , and shall be done in a location at least twenty-five
feet from any building or structure , and where standing
grass or weeds will not communicate fire to nearby property .
Section 3 . Penalties .
( a ) Any person , firm or corporation violating the Regu-
lations of the State Liquified Petroleum Gas Board adopted
herein , shall be guilty of a misdemeanor , and upon conviction
Ordinance No . - 4 - February 1865
shall be fined in a sum not less than twenty-five dollars
( $25 . 00 ) nor more than one thousand dollars ( $1 , 000 . 00 ) ,
and in addition , may be imprisoned for not more than one
( 1 ) year or both .
( b ) Any person , firm or corporation who violates any of
the provisions of this Ordinance for which the punishment
or penalty is not otherwise provided for in this Ordinance ,
shall be deemed guilty of a misdemeanor , and upon conviction
thereof , shall be punished by imprisonment not exceeding one
( 1 ) year or by fine not exceeding two hundred and fifty
dollars 4250 ) , or by fine and imprisonment both .
SECTION 4 . Ordinances Repealed .
The following ordinances or parts of ordinances , together
with all other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance , are hereby repealed :
Section Ordinance No . Passed and Approved
961 December 5 , 1949
Section 1 and 2 979 September 11 , 1950
1033 October 2$ , 1952
SECTION 5 Severability .
If any section , subsection , paragraph , sentence , clause ,
or phrase in this Ordinance shall be declared invalid for any reason
whatsoever , such decision shall not affect the remaining portions of
this Ordinance , which shall remain in full force and effect ; and to
this end the provisions of this Ordinance are hereby declared to be
severable .
SECTION 6 . * .
Idf FEREAB' s - e
ro� -s£ frr�--}rates-ate ' " ' --F�+evew�iraa7�or�� rn prnro � i - -
W40"" is Ordinance shall be i X11 Force and effect from and after
its passage' approval r�ti�����
PASSED AND APPROVED this oqday of February , 1965 •
APPROVED :�(}Llod6�R
GUY E BRO , MAYOR
ATTEST : '
GEORG J AVIS , CITY CLERK
Av
STATE of ARKANSAS
• County of Washington
q . C1 �'U�
hereby certify that I
am the General Manager) of THE NORTHWEST ARKANSAS TIMES,
a daily newspaper having a second class mailing privilege, and being not
t ' less than four pages of five columns each, published at a fixed place of
tt business and at a fixed (daily) intervals continuously in the City of
Fayetteville, County of Washington, Arkansas for more than a period
of twelve months, circulated and distributed from an established place of
' 1 • business to subscribers and readers generally of all classes in the City
& County for a definite price for each copy, or a fixed price per annum,
which price was fixed at what is considered the value of the publication,
based upon the news value and service value it contains, that at least fifty
percent of the subscribers thereto have paid cash for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months ; and that the said newspaper publishers an
average of more than forty percent news matter.
I further certify that the legal notice hereto attached in the matter of
� I
was published in the regular daily issue of said newspaper
ooxseeutiue insertion) as follows :
a The first insertion on theday of
the second insertion on the ---------------- day of ------- 19--
the third insertion on the _____________
----------- day of ------- 19—
and the fourth insertion on the ___________._____. day of
Sworn to and subscribed before me on this __�_____ day of
lY a
Noigry Public
• '� My Commission Expires :
VA
Fees for Printing — $_
Cost of Proof
Total $_J LS
STATEMENT FOR ADVERTISING
N art4west Arkansas 0tmrs
Daily 1Evenin9l Except Sunday
Wire
Leased �T ire of —PUBLISHED BY— Circulation
Associated Press I DEMOCRAT PUBLISHING COMPANY Where It Pays
CORNER EAST AND MEADOW
Fayetteville, Ark., 196—
I
Advertiser Rete
Month of
' a
Date— 1 2 3 4 5 6 7 8 9 10 11 12 1 13 1 U 1 15 16 17
Number Inches PH
Number Lines- I
Amount
To Balance Account Rendered S
18 19 20 Z1 22 23 24 25 26 27 28 29 30 31
TOTAL
INCHESS
TOTAL
LINESS
TOTAL $
.ALL ACCOUNTS DUE NOT LATER THAN toTH OF MONTH. YOUR CREDIT IS VALU.
ABLE. PROTECT IT AND ACCOMMODATE US BY REMITTING PROMPTLY.
ORDINnNCE NO. 1435
"RnINAN(. b Tu HE KNOWN,
7111: FIRF PREVENTION OR- I , � It :! . •,� unlawful for Section G61i Burning of
' I NAN' 1F: OF THF. CITY OF FAY- am• per, firm or corpora. Trash
"1 TE\"II LE ARKANSAS; ADOPT- rW
INC. REGCLA S AN GOVERNING : ion to rn ,,' Ida or cause k be UI No person or Persona shall
FRSE HAZARDS AND FIRF. PRE- roman
"n, firecrackers,r kindle or maiash. lumber,
bonfire,
roman candles. skyrockets, or or burn trash, lumber, leaves,
7IF TION: PROVIDING F SUCH
any other fireworks within straw, or any other combusti-
. IFS FOR ONS; R VIOLATIONS OF SUCH the corporate limits of the ble material in any street or
ORDINANCES
REPEALING ALL , City of Fayetteville, without alley, or on any premises or
ORDINAES I OR PARTS OF OR- ' having first obtained the vacant lot, unless burning be
Di rH, AN IN CONFLICT HERE- prior written consent of the done in a covered receptacle
POSE AND FOR OTHER PUR-) Mayor specifying the time, of not more than one-fourth
POSES place and duration of such inch wire mesh, or of metal,
WHEREAS, tiro Clty Council ofi explosions or
the City of Fayette Hie. Arkansas, . D pyrotechnical without first having obtained
used a notice N be pu ltahed in a ', exhibitions. and having in full (ogee and
newspaper of.y![ieral fl ulatton In (b) Any person, firm or cor- effect written permission to j
the City o[ ails l - advising ' poration violating any part of do so from the Chief of the
that it had under 4atg1 If the subsection (a) of this Section Fire Department. No such
adoption of an, crdhiemee rlelatingshall be deemed guilty of a permit shall be issued to kin-
Io fire hazards and fire �appaeWvarif1tion misdemeanor. and upon eon- dle, build, maintain or use a
rt forth in a pamph INIVI titled viction thereof be fined in an fire wthin. fifteen (15) feet of
' state of Arkansan, F{pIo1 M%en- amount not Iw than Five a fire hydrant, or within two ,
ti,+n Code, Regulations GoverningDollars (5.00) nor more than (2) feet of any concrete curb )
Fire Hazards and Fl* Prevention." I Twenty-Five Dollars ($25.00). or the surfac` of any perma-
t �,a Fdltion. Woad ) enryR,$. 1 Section 1501. Compliance with nent pavement, except for
Llndscy. Dlttt���caa''6 rtme of Act 724 of 1%1, as amended the purpose of repairing, re-
Lindsey,
15({gl tun, n e ; (a) Any person, firm or cor- moving or constructing thel
Arkamr Y poration securing written same. Burning under per-
Ltr:hal, u mende6 D va o - consent of the Mayor for the mit as provided for in this
ccr's ofd I�pguat 1 I nd . explosion of fireworks as pro- paragraph shall also be sub-
;s ret fo -alp8ln t vided In Section 1500 (a) of jest to such additional
"`Sate O A erfFas, 3 to C�d�. ' pOOp- '
I'.iq Ue this Article, shall hltpe' We er safeguards as the Chief of
or explosion of or pooss�session the Fire Department may
ar: and Fou M4" I. d - P
of said fireworks fully come prescribe. All burning of ma-
! rt,levMGea nA s PIY in all respects with the terlala permitted by this pere-
,� Act 834 r - 1 provisions of Act 224 of 1961graph shall be conducted on I
m
ek• Acts of Arkansas, as eended still days, during daylight, I
WIIEREA 4 ( by Act 34 of 1963, adopted by with an adult in constant at-
n,m•e ry nyt reference in this Ordinance.
rny at-
tendance. and shall be done
c s, ! Including but not limited to in a location at least twen[y-
:n
,11e L it the provisions of said Act pre- '' five feet from any building or
re .5 0! scribing the type and kind of structure. and where standing
-'�f Af fireworks permissible. grass or weeds will not com-
R'SILRL-AS- fn t. ca (b) Excent to the extent modi- munfcate fire to nearby prop-
thc L:sRCl y tied by Section 1500 and Sec arty.
the
N t si firm 1501 (a) of this Article, Sections penalties
findii of the the provisions of Act 224 of (a) Any person, firm or cor-
pamphlet ensitl 000 of r n- 1961. Acts of Arkansas, as ! poration violating the Regula-
sas. Fire Prev Is _ amended by Act 34 of 1963, ' tions of the State Liquified
lions Governing I re s n adopted by reference in this Petroleum Gas Board adopted
Fire Prevention.' 1 -A nn. 1s- Ordinance, shall govern in herein, shall be guilty of a
sued by Herman E Cy; 7M1ef- all respects the sale, posses- mcdemcanor, and upon con-
' tor. Department of to Police and sion, dislRay, offering for viction shall be fined In a
Stater Plee M a amended by sale and use of fireworks or sum not les than twenty-five
said officer's order ..a{, li. pyrotechnics, and govern all dollars (62500) nor more than
r[hDR matters pertaining thereto as ' One Thousand Dollars (61:
"SIA and the W lab a lode.
"Sime Petroleum as C Code. provided in said adopted act. 000.00). and in addition, may
errandLiquefied Petroleum Gas Contain- in the City of Fayetteville. Ar- than
imprisoned for not more
ars and Fgnipmatte May fie Edi- kansas. than one (I) year or both.
tion. issued by the Liquefied the
Pe- (c) Any person, firms or cor- poration
Any person, firm or cor-
iroleom Gas Board: and the pm- Pmationsrovision violating a id any of the poration who violates any of
visions of Act 224 a by Acts of Provisions of salt adopters Act the provisions of this dish.
shalt be subject to the penal- mance for which the other-
Arkansas. az amended by Act 34 or Lice and punishments pre- meet or smolt b no other-
tee he THEEadoptA. scribed in said Act. wise provided for In this Or-
NOW THEREFORE. RE IT OR- (?) That the provisions of Act 2241 dinancce, shall be deemed guil-
ya1NED BY THE CITY TEVILCOXTNI . of 1961. Acts of Arkansas. as amend
It THE CITY OF FAYETT£V1LLF., ty of a eanre and all
. "il( AN$AS: ed in Act he of1963,
amendSection
a by bepuishedconviction thereof, shell
sf:CTION 1. Adption by Refer. adding the following Section atter ' be punished by Ins(1) year,
or
edce Section 14 of said adopted Act.: not exceeding one ed year, or
':here is hereby adopted by the Section 1i LebonLegislof
Intent by fine not exceeding two
City Council of the City of Fay- I[ is the intention of the City hundred and fifty dollars
etteville. Arkansas, by reference Council of the City of Fayetteville. (6250.00) or by fine and im-
thereto the provisions set forth in Arkamaa, In respect to the provf- prisonment both.
-he pamphlet entitled "State M Ar- cions of this adapted Act relating Section 4. Ordinances Repealed
e, Fire Prevention Code. Regu- to the we of fireworks and pyro- The following ordinances or parts
1 ti,ns Governing Fire Hazards and technics, that such provisions of ordinances, together with ate
fire p1
Prevention." 1958 Edition. is- shall app only in the event other ordinances or parts of ordi-
sued by Herman X. Lindsey. Direct- written consent of the Mayor nancts to conflict with the provi-
tor. Department of Slate Police and for the use or explosion of sione of this Ordinance. are hereby
fireworks or pyrotechnics b
State Fire Ms' order
Augustmended by ps provided in $actioetl:
said officer's fort f[ he pa h. flet obtained as ¢action 1 end 2 Ordinance ce Per
let and as set forth of the Pamph- the amendment contained M Passed and Approved December
let entitled "State of Arkansas, this Ordinance to Section 1500 5.4646
State Code. Liquefied Petroleum mleum Fire
Article nt of the Arkansas S Passe 1 and 2 Ordinance to 979
Cas Containers and Fed bvethe Fire Prevention Code: It being P . 1950 and Approved September
May lied Petroleum
issued by the the express intention of the Il . 1950
City dm Council in adopting said $ectlon, 1 2 Ordinance No. 1033
Liquefied Petroleum Gas Rd by amendment he Section 1500 ' � agpd d�Arsproved October 26,
and ea set forth in Act 24 0/ 1961.
Acta of Arkansas, as amended such
to prohibit the use or <zplo- tgg,'
Act io of f said
save and except acts tion is fireworks or pyro- s�eag y section.
sNHy
portions of said pamphlets and Acts technics in the City of Fay- f any section, subsection, para-
as are hereinafter deleted. nodi- etteville, Arkansas. unlessMayor ggrrayp sentence, clause or phrase
fled or •ndet, and the 9rovi- written consent of the Mayor in this Ordinance shall be whatsoever,if first received t. provided invalid for an r
cions . fined in salt pamphlets Y reason whatsoever,
and A, ' � pare hereby- adooted and in said amendment. ruck decision
po sons not effect the
131 That Section 1900 of Article remaining onions a this Orull
incorr� � d as fully az if act out XIX of the Arkansas Fire Proven- P
at ler ' herein, and the prnvi- nonce, which shall remain in full
cions 1 : a,f shall be controlling read Code should be amended to force and effect; and to this end the
within the corporate limits of the read az follows: hereby
de of this be seance are
Section age General hereb
CIM of Fayetteville, Arkansas Y decleretl to be severable.
SECTION ?. Amendments. Dela- The storage and handling ex Section 6. Thu Ordinance from
tions and Modifications liquefied petroleum goatee be In full force and effect from
shall be as prescribed by the and atter ibossa e. a rowel and
publication.
(1) That Article XV of the Ar- "State of Arkansas, State p g Vp
kansas Fire Prevention Code be .
amended by deleting Sections 1300 Code, Liquefied Petroleum PASSED AND APPROVED this
Gas Containers and Equip- fifteenth day of February, 1
through 15n3 and nddine the fol Leto- meet;' May 1961 Edition, b- Y. 9fu.
APPROVED:
^g' Y.NI sued the Board.
a Pe-
GUY E.Sroe �on 1Explosion Fe- troleum Gas Board. andd adopt- MAYOR BROWN,
werar ed by reference in this Ordt-
ATTEST'
Hance. GEORGE T. DAVIS. CITY CLERK
(O That Section 2602
than of the Arkansas Fire
Article Mar 2 ]tc
re even-
tion Code should be amended to
' read as follows'