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HomeMy WebLinkAboutOrdinance 1537 J ti �• . ORDINANCE N0. 1537 AN ORDINANCE AMENDING THE FIRE PREVENTION ORDINANCES OF THE CITY OF FAYETTEVIILE, ARKANSAS ( FAYETTEVILLE CODE OF ORDINANCES SECTIONS 9-26 through 9-28) , AND FOR OTHER RELATED PURPOSES . WHEREAS , consistent with the policy of the Board of Directors of the City of Fayetteville, Arkansas , of up-dating and improving the ordinances of the City, the Board of Directors has caused a notice to be published in the Northwest Arkansas Times , a newspaper of general circulation in the City of Fayetteville, Arkansas , advising that the Board of Directors has under con- sideration the passage of an ordinance adopting by reference the provisions set forth in a pamphlet entitled "State of Arkansas , Fire Prevention Code, Regulations Governing Fire Hazards and Fire Prevention", 1965 Edition, issued by Herman E. Lindsey, Director, Department of Arkansas State Police and Fire Marshall; and adopting by reference the provisions of Act 31 of 1965 , Acts of Arkansas , known as the Liquefied Petroleum Gas Board Act ; 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 Board of Directors of the City of Fayetteville, Arkansas, finds that it is to the best interest of the City of Fayetteville, that the Code of Ordinances of the City of Fayetteville, be amended to adopt by reference the provisions contained in the pamphlet entitled "State of Arkansas, Fire Prevention Code, Regulations Governing Fire Hazards and Fire Prevention, " 1965 Edition, as aforesaid, and provisions of Act 31 of 1965, Acts of Arkansas, as aforesaid. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS : SECTION 1 . That Section 9-26 of the Fayetteville Code of Ordinances is hereby amended to read as follows : Sec . 9-26 . State of Arkansas Fire Prevention Code- Adopted by reference . There is hereby adopted by the Board of Directors of the City of Fayetteville, Arkansas , by reference thereto the pro- visions set forth in the pamphlet entitled "State of Arkansas , Fire Prevention Code, Regulations Governing Fire Hazards and Fire Protection", 1965 Edition, issued by Herman E. Lindsey, Director, Department of State Polcie and State Fire Marshall; and as set forth in Act 31 of 1965 , Acts of Arkansas , known as the Liquefied Petroleum Gas Board Act ; and as set forth in the pamphlet entitled "State of Arkansas , State Code, Liquefied Petroleum Gas Containers"and Equipment ", May 1964 Edition, issued by the Liquefied Petroleum Gas Board , except to the extent the provisions of said pamphlet are amended or other- wise affected by the provisions of Act 31 of 1965 , Acts of Arkansas ; 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 Acts as are hereinafter deleted, MICROFILMED DATE "rT 1 '0 1978 REEL ,sf —2— modified or amended, and the provisions contained in said pamphlets and Acts 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 . SECTION 2. Section 9-27 of the Fayetteville Code of Ordinances is hereby amended to read as follows : Sec . 9-27 . Same- Amendments , deletions and modifications . ( 1) Article XV of the Arkansas Fire Prevention Code shall be amended by adding the following Sections : Section 1502. Explosion of Fireworks . (a) It shall be unlawful for any person, firm or corpn oration to explode or cause to be exploded any firecrackers , roman candles , skyrockets , or any other fireworks within the corporate limits of the City of Fayetteville , without having first obtained the prior written consent of the Mayor specifying 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 an amount not less than five dollard ($5 . 00 ) nor more than twenty-five dollars ($25 .00) . Section 1503 • 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 1502 (a) of this article, shall in the use or explosion 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 article, including but not limited to the provisions of said act prescribing the type and kind of fireworks permissible . (b ) Except to the extent modified by section 1502 and section 1503 (a ) of this article, the provisions of the Arkansas Fire Prevention Code and Act 224 of 1961, Acts of Arkansas , as amended by Act 34 of 1963 , adopted by reference in this article , 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 person, firms or corporations violating any of the provisions of said adopted act shall be subject to the penalties and punishments prescribed in said act . -3- (2) 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 Board of Directors of the City of Fayetteville, Arkansas , in respect to the provisions of this adopted act relating to the use of fireworks and pyrotechnics , that such provisions shall apply only in the event written consent of the Mayor for the use or explosion of fireworks or pyrotechnics is first obtained as provided in the amendment contained in this article to Section 1500 of Article XI of the Arkansas Fire Prevention Code ; it being the express intention of the City Board of Directors 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 ) Section 1900 of Article XIX of the Arkansas Fire Prevention Code should be amended to read as follows : Section 1900 . General The storage and handling of liquefied petroleum gases shall be as prescribed by Act 31 of 1965, Acts of Arkansas, adopted by reference in this Article, and as provided in the "State of Arkansas , State Code, Liquefied Petroleum Gas Containers and Equipment". May 1964 Edition, issued by the Liquefied Petroleum Gas Board, and adopted by reference in this Article, except to the extent the provisions of said pamphlet are amended or othen•rise affected by the provisions of Act 31 of 1965 . (4) Section 2802 of Article XXVII of the Arkansas Fire Prevention Code shall be amended to read as follows : Section 2802. Burning of trash . (a ) No person or persons shall kindle or maintain a bonfire, or burn trash , lumber, leaves , straw, or any other combustible 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 per- manent 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 -4- paragraph shall be conducted on still daps, during daylight, with an adult in constant attendance, and shall be done in a location at least twenty-five (25 ) feet from any building or structure, and where standing grass or weeds will not communicate fire to nearby property. SECTION 3 . That Section 9-28 (a) of the Fayetteville Code of Ordinances should be amended to read as follows : (a) Any person, firm or corporation violating Act 31 of 1965, Acts of Arkansas , and the regulations of the State Liquefied Petroleum Gas Board, adopted herein, shall be quilty of a misdemeanor, and upon conviction 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. SECTION 4. That it is the express intention of the Board of Directors of the City of Fayetteville, Arkansas, in adopting the foregoing amendments to the Fayetteville Code of Ordinances , to adopt by reference to the extent stated in this Ordinance , the provisions of "State of Arkansas , Fire Pre- vention Code, Regulations Governing Fire Hazards and Fire Prevention", 1965 Edition, and the provisions of Act331 of 1965 , Acts of Arkansas, known as the Liquefied Petroleum Gas Board Act . SECTION 5 . If any section, sub-section, paragraph , sentence, clause or phrase of this Ordinance (including the provisions adopted by reference herein) shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining provisions, and shall remain in full force and effect ; and to this end, the provisions of this Ordinance (and the provisions adopted by reference herein) are hereby declared to be severable . SECTION 6. This Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED this 17th day of April, 1967 . APPROVED: ATTEST : DON TRUMB09 MAYOR GEORGE JVD4111S , CITY CLERK STATE of ARKANSAS 1 JP ss. County of Washington or "ith I, ._. .. �.. ________.__.___, hereby certify that I ER am the Gen6 Mana 0g r) of THE NORTHWEST ARKANSAS TIMES, thePolC y the Boaayetd of Directors o a daily newspaper having a second class mailing privilege,the p-d of Fayetteville torp . Arkansas, ge, and being not of up-dating and - Improving the less than four pages of five columns each, published at a fixed place of ordinances of the City, the no ird of Directors has caused a notiee to business and at a fixed (daily) intervals continuously in the City of be Published in the Northwest Ar- Fayetteville, County of Washington, Arkansas for more than a period kansas Times, a newspaper of gen- eral circulation in the City of Fay- of twelve months, circulated and distributed from an established place of ettethe vBoarti of Director s n s under general) of 'all classes in the Cit business to subscribers and readers y y consideration the Passage of an or- & County for a definite price for each copy, or a fixed price per annum, d1��ance adopting by reference the pit,vlslons act forth In a Pamphlet which price was fixed at what is considered the value of the publication, entitled Prevention Code,of illaaticout cove based upon the news value and service value it contains, that at least fifty ventng Fire Ham pep Etre percent of the subscribers thereto have paid cash for their subscriptions erddn nF 19Ha p Herman E. Lin to the newspaper or its agents or through recognized news dealers over a partment of At and Fire Marsha period of at least six months ; and that the said newspaper publishers an reference the pro - o Act 31 average of more than forty percent news matter. of 1965, Acta of Arkansas' ]mown : Board ALctnanda Petroleum cad I further certify that the legal notice hereto attached in the matter of WHEREAS, three (3) copies of the ill"in tthe office of'the City Clerk /�37 are P Of the City of Fayetteville, Arkan- - "a, as provided by Act 267 of 1949 —'SF '." L'T•Q/___—__—_ Acts of Arkansas; and WHEREAS, the Board of Direc- tors of the City of_Fayettevtlle, .At- was published in the regular daily issue of said newspaper for___- kansas, finds that it is to the best interest of the City of Fayetteville, ceaeeeWeive insertion/ as follows: that the Code of Ordinances of the City .. y reference a the provisimeftdedons to contained reteher Pa the pro entitled The first insertion on the ______ _`_ -- day of ___ "State Arka pamphlet entitled ) "State of Arkansas, Fire Proven- i 'tion Cala, Regulations Governing the second insertion on the __. day of ___—___------ 19_ F¢�re Hazards and ire Prevention," . 1%5 Edition; as aforesaid, and pro- visions s. Act r ai 1965, Acta o( ' the third insertion on the __________. _______ d8 Arkansas as aforesaid. ------ y of NOW, THEREFORE. BE 1T OR- DAINED BY THE BOARD RECTORS OF THE rears 77T hILL •ThatSection toFr oa and the fourth insertion on the .. __.________ y-oY __.______. __ _ 18__. as follows: 26 of C r, _ V�j_ ,�\`y1t� the flows'Fayetteville Code of Ordi _ f --------- See. -------Sec. 9-26. State of Arkansas Fire '} ----rTTlllr Prevention Code-eAdopted ' bylWC reference. - Sworn to and subscribed before me on this _.... --------- da of _ There is hereby adopted by the ------- Y Board of Directors of the City of Fayetteville, Arkansas, by ref- erence thereto the prorlabga delf forth in the Pamphlet', ' entitled .______—_____._*00—L-4-0-444, _ .___ 18_ !_ ' State of Arkansas, FirePreven- tion Code, Regutationa GOVetning Fire Hazards and Fire Pr e roles- N¢ tion 1965 Edition, rissued by _ __ Herman E. Lindseit, Director, Dem No Publicry partment of State Police . and State Fire MarshalC and as set forth in Act 31 of 1965, Acts of Arkansas, known as the Liquefied M (:ommis$ion Expires: Petroleum Gas Board Act; and as Y p set forth in the pamphlet en- titled 'State of Arkansas, State Code, Liquefied Petroleum Gas ' Containers and Equipment", May --- 1954 Edition, issued by the Lique- fied Petroleum Gas Board, except to the extent the provisiona..of avid pamphlet are amended or , Fees for Printing ___ $__yQ-f� otherwise affected by the provi- Atom of Act 31 of 1965, Acta of Arkansas; snd as act forth m Act Cost of Proof __.__._ $_____ M4 of 1941. Acts of Arkaruas. as �"/""""""""'""-- amended by Act 34 of 1963; save I and exceppt such portions of said pWnphlets and Acts as are here- Total $___ ._ Ilnafter deleted, modified or amended, and the provisions con- , I tamed in said pamphlets and Acts , are hereby adopted and incur- ' porated as fully as if set out at length herein, and the Provisions thereof shall be tvntrolling with_ in the corporate iuw., cf the Citi of Fayetfe.ille Arkansas. K Section I9W. General The storage and handling of liquefied petroleum gases shall be . as prescribed by Act 31 of 1965, 1 FaySECTION C Section din c the as of Arkansas, adopted by � herette amsrtHe Code of ad as olio s. , reference in this Article, and as . hereby amended to read as nts, de- provided In the "State of Arkan- Sec. m and de- soar State Code, Liquefied Pe-� title antl mod ifl Arkansas (11 re troleum Gas Containers and tide XV of the Arkansas Fire Equipment", May 1964 Edition, Prevention Code shall be issued by the Liquefied Pe- amended by adding the follow- ] troleum Gas Board, and adoptedii,, ing Sections: by reference in this Article, exro -1 Section 1502. Explosion Of Fire- [ cept to the extent the pvisional) works of said pamphlet are amended or (a) It shall be unlawful for any otherwise affected by the provi- person, firm or corporation W ex- j sions of Act 31 of 1965. place or cause to be exploded any 1 (4) Section 2802 of Article XXVII firecrackers, roman candles, sky- of the Arkansas Fire Prevention rockets, or any other fireworks Code shall be amended W read as within the corporate limits of the follows: City of Feyettteville, without Section 2802. Burning of trash. having first obtained the prior written consent of the Mayor , (a) No person or persons shall specifying the time, place and kindle or maintain a bonfire, or duration of such explosions or py- burn trash, lumber, ]sable, sttrr aw, or any other combustible mate- ro(b) A cal exhibitions. rial in any street or alley, or any fb) Any person, firm or cox- premises or vacant lot, unless potation violating any part of burning be done in a covered ra- subsection (a) of this section shall ceptacle of not more than one be deemed guilty of a misde- fourth inch wire mesh, or of meanor, and upon conviction metal, without first having ob- thereof be fined in an amount tained and having in full force not less than five dollars ($5.09) and effect written permission to nor more then twenty-five dol- do so from the Chief of the Fire . lars ($25.00). Department. No such permitII Section 1503. Compliance with ) shall be issued to kindle, build. Act 224, of 1%1, as amended. maintain or use a fire within (a) Any person, firm or corpora- fifteen (15) feet of a fire hydrant, tion securing written consent of or within two (2) feet of any con- the Mayor for the explosion of trete curb car the surface of any fireworks as provided in section permanent pavement, except for 1502 (a) of this article, shall in the purpose of repairing, remov- the use or explosion of or posses- ing or constructing the same. : Sion of said fireworks fully com- ' Burning tmtler permit as pro- 'i ply in all respects with the provi- vided for in this paragaph shall sions of Act 224 of 1%1, Acts of also be subject to such additional Arkansas, as amended by Act 34 proper safeguards as the Chief of of 1965, adopted by reference in the Fire Department may pre- this article, including but not scribe. All burning of materials j limited W the provisions of said act prescribing the type and kind permitted this paragraph shall of fireworks permissible. be conducted still a , tori (b) Except to the extent modified ing daylight, with an adult ult in bd y section 1503 (a) of this article, constant attendance, and shall be the provisions of the Arkansas donee in a location at least twen- , � Fire Prevention Code and Act 224 ty-five (251 feet from any buine , ing or structure, and where of t%1. Acta of Arkansas, as `standing grass or NMd9 will not amended b}' Act 34 of 1%3, communicate fire to nearby prop_ .adopted by reference in this arti- cle, shall govern in all respects arty the sale, possession, display, of SECTION 3. That Section 9-28 (a) of the Fayetteville Code of Ordi- I - — trances should be amended to read b-ring for sale, and use of fire- as follows: arks or py'wtechniw. and gov- (io Any person, firm or 965, ern all matters pertaining thereto Acts f rk nti s, Act 31 of egu. as provided o Fay adopted act, Acts o[ Arkansas, and the reqqu- k the City of Fayetteville, Ar- lotions of the State Liquefied Pe- k (e) A troleum Gas Board, adopted here- Ira Any person, firms or core in. shill be guilty of a misde- poratforis violating any of the mean nr. and upon conviction provisionsof said adopted set shall he fined in a sum not less ahall be subject to the penalties than twenty-five dollars B25.0 and punishments prescribed in nor more than one thousand dol- said act. lays be imprisoned and 1n atltl more 19 The provisions of Act s. of may be imprisoned for not more 1%L Acts of Arkansas. as , than one 4. year or both. amended by Act $4 0[ 1963, be SECTION 4. That it is the express amended by adding the following ,sad of the y the Board it Directors action after section 14 of said gas. the City of Fayetteville,foregoadopleing act. soar in adopting the foregoing Section la. Legislative Intent. amendments to the Fayetteville It is the intention Ct the Board Code of Ordinances,extent adopt by of Directors of the City of Far- reference a the extent stated in toe rills. Arkansas. in respect tai this Ordinance, the provisions of the provisions of this adopted act ) 'State of Arkansas, Fire n- a9a to the use n( fireworks , tion Cotler Regulations Governiverning , anpyd pyrotechnics. that such pro-he Fire Hazard, and Fire Prevention", , event shall apply only in the Act Edition, and the provisions s, even[ written consent of the pct 381 of 1965, Acta of Arkansas, Mayor for the use explosion of known as the Liquefied Petroleum fireworks or pyrotechnics n first Gas Board Act. amenobtainedm as provided in the SECTION g If any section, sub- amendment amendment contained o this are sr phrase paragraph, sentence, clause . bele to Section IW of Article el phrase o[ this Ordinance lin- ! XI of the Arkansas Fire express clueing the provisions adopted eby d tion Code; it being the expreof reference herein) shall whatsoever,er, fntentor of the City Boardd ams of invalid for any reason affectthe Directors a ti o 15C said amend- such remaining r shall not affect the meat to Section 15W to prohibit main lin g provisions, and shat] re- the use to explosion of fireworks main in full force and effect and or pyrotechnics k the City of Ordinance this end, the prate pr of this Fayetteville. Arkansas, unless lopted (and the provisions written consent p the Mayor is herebvd cl reference herein) are Lest received as provided in said hereby declared tobe amendment. SECTION 0. Thisis Ordinance shall ' 131 Section 1900 of Article XIX be in full force and effect from and i oi the Arkansas Fire Prevention atter its passage, approval antl j C . ; sh"uld be amended to read ( publication, PASSED AND APPROVED this ' lith cOf April, 1967. A)'PROVED: DON TRVSIBO, Mayor ATTEST: GEORGE J. DAVIS. Cite Clerk 25-Its .