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HomeMy WebLinkAboutOrdinance 1705 r - R ORDINANCE NO . Ile J . AN ORDINANCE TO REGULATE AND CONTROL THE RETAIL SALE OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE , ARKANSAS . WHEREAS , the Board of Directors of the City of Fayetteville has determined that the unregulated retail sales of fireworks with - in the City ' s corporate limits has been a significant and contri - buting factor and cause of certain violations of law connected with the use of fireworks , and that it is necessary for the preservation of the health , safety and welfare of the community at large to enact certain controls over said retail sales . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : SECTION 1 . DEFINITIONS . ( a ) Person - includes any corporation , association , co - partner - ship , or one ( 1 ) or more individuals . ( b ) Sale - includes barter , exchange , or gift or offer there - fore , and each such transaction made by any person , whether as principal , proprietor , agent , servant or employee . ( c ) Retail Sale - a sale to consumers or to the public generally . ( d ) Fireworks - ( 1 ) Roman Candles , with no handle or spike affixed thereto , not exceeding ten ( 10 ) balls spaced uniformly in the tube , total pyrotechnic composition not to exceed twenty ( 20 ) grams each in weight . The inside tube diameter shall not exceed 3 / 8 inch . ( 2 ) Sky Rockets , with sticks , total pyrotechnic composition not to exceed twenty ( 20 ) grams each in weight . The inside tube diameter shall not exceed 1 / 2 inch . The rocket sticks must be securely fastened to the tubes . ( 3 ) Helicopter type rockets , total pyrotechnic composition not to exceed twenty ( 20 ) grams each in weight . The inside tube diameter shall not exceed 1 / 2 inch . ( 4 ) Cylindrical fountains , total pyrotechnic composition not to exceed seventy - five ( 75 ) grams each in weight . The inside tube diameter shall not exceed 3 / 4 inch . ( 5 ) Cone fountains , total pyrotechnic composition not to exceed fifty ( 50 ) grams each in weight . MICRO"WA 2 197t DATE REEL_ ( 6 ) Wheels , total pyrotechnic composition not to exceed sixty ( 60 ) grams or ( for ) each driver unit or two hundred and forty ( 240 ) grams for each com - plete wheel . The inside tube diameter of driver units shall not exceed 1 / 2 inch . ( 7 ) Sparklers and dipped sticks , total pyrotechnic composition not to exceed one hundred ( 100 ) grams each in weight . Pyrotechnic composition containing any chlorate or perchlorate shall not exceed five ( 5 ) grams . ( 8 ) Mines and shells of which the mortar is an in - tegral part , total pyrotechnic composition not to exceed forty ( 40 ) grams each in weight . ( 9 ) Firecrackers and salutes with casings , the ex - ternal dimensions of which do not exceed one and one - half ( 1 - 1 / 2 ) inches in length or one - quarter ( 1 / 4 ) inch in diameter , and other items designed to produce an audible effect , total pyrotechnic composition not to exceed two ( 2 ) grams each in weight . SECTION 2 . DATES OR SALE OF FIREWORKS . Fireworks may be sold in the City of Fayetteville only on the days of June 20 through July 5 of any calendar year . Provided , it shall be unlawful for any person to sell fireworks , at retail , with - in the corporate limits of the City , on any other day of the calendar year than the dates above named . Any person violating the above provision shall be guilty of a misdemeanor , and upon conviction shall be punished by a fine of not less than fifty ( $ 50 . 00 ) or more than two hundred dollars ( $ 200 . 00 ) , or imprisoned for not more than ninety ( 90 ) days or both , in the discretion of the court . SECTION 3 . This ordinance shall be in full force and effect from and after its passage and approval , and publication . PASSED AND APPROVED thisf�day of6.1 , 1969 . APPROVED : GARLAND MELTON , JR . , M i TR_ ATTEST : 114, �LxJ 99'1 M I M00/ , CITY CLERK Nil. Ilii 1 ] ORDI-NANCF. TO REOI'I,ATI: AND tOSTROL THE RETAIL SAIA'. of H It IANRRS alTn6 911RF. (TIRPP RaTt. IJ.Mrr� r ILa oWE OF FAY- STATE of ARKANSAS 1 I TTEi'11f.E:, xRRAYFAIS. J as. WDERDAS, tht4,Odasit of nileclp of County of Washington the 'C(ly o[ Faye elle has delermiued work Withinegueled retain tales of tilts n worts Within the "ally's nrparate limits, has been e 'slIDlfacant and contributno < factor and MU66 of certain violations of I --- hereby certify that I faw• connected with the use of fireworks. r ._____. __ .. _.._......_..__. __ _________________________-_ and that it is necessary toe the preservva- am the (G eral Manager) of THE NORTHWEST ARKANSAS TIMES, oaon f thefthe communtywat large to°en til ren` a daily newspaper having a second class mailing privilege, and being not tam conerols over said retail sales. less than four pages of five columns each, published at a fixed place of NOW. THEREFORE, RE IT OR. PINED BY THE HOARD OF DIRFC- business and at a fixed (daily) intervals continuously in the City of TORS OF THE CITY of FAYETrE-VILLE, ARKANSAS: Fayetteville, County of Washington, Arkansas for more than a period pECTION 1. Definitions. of twelve months, circulated and distributed from an established place of la) Person—includes any cooperation, business to subscribers and readers y y association, co-partnership, or ons general. of all classes in the Cit `u or more individuals. & County for a definite price for each copy, or a fixed rice (b) .ale-includes barter, exchange, or p per annum, gift or offer therefore. and each which price was fixed at what is considered the value of the publication, such transaction as mad, w' any cell based upon the news value and service value it contains, that at least fifty whether as principal, y per, P y tor, agent, servant or employee. percent of the subscribers thereto have paid cash for their subscriptions (r) Retail Sale- a sale to consumers nor to the Public generally. to the newspaper or its agents or through recognized news dealers over a (it) Fireworks— period of at least six months; and that the said newspaper ublishers an rt, Roman Candles, with no hop P er P P P We or spike arpned thereto. not average of more than forty percent news matter. exceeding ten ,101 bells spaced unifotechnic composition in the tube, total pylar I further certif that the le r y !itthnot ot exrllad y gal notice hereto attached in the matter ..f twenty, (g0) grams esch m wNgbt. •roe nano talks dYIDMK Qn9 n a exceed % hich. (1) Sir Retdi with sucks, filo! PymtacOme_skinoaaam�et b aft• _._._-_.___-----------________________. ago :' 1 anti •(tel omm Whir weight The inside tube dismate sha I lint expect 4< inch. , was published in the regular daily issue of said newspaper for____. rocket sticks must be aalmebi fastened to the woes. eenseeDtiva insertions as follows : 43, Helicopter type rackets, to / pyrotechnic composition not to est _---__ day of __- Oct/—L— 19rag cera .twentyThe (M) grams nen The first insertion on the ______ shall . ex inside lose dlameler sM1el1 not exceed 14 inch. (T Cylindrical founts in.s, tont the second insertion on the - __-__- day of _________________ 19__ Pyrotechnic composition not to elal reed seyenl.-five (Ta) grams rare in weight. The, inside tube diame4' the third insertion on the -_---------------------------- day of ------------- 19— et shall rel nceed "i inch. t5i Cone fQmnin¢, total mrry technic cOMI)MRIOO, nGt to exceed fifty ,601 grate "Ch� � � �rA �weight. and the fourth insertion on the ____________ ___(-'_� _ da f _. (_'__(_r_�j_�_ 1 _ 461 span n . .itE� y spin- Uf/ pip � • L" .• `� .grams not ttqq tlgN Baty (W) _.— grams or rest a �Si jently fit or two huor,edclanDirt9 CHOougeL --The inside(of 'foala imeterh wheel, The hlobe altimeter in driver units shall not exceed h IMh. (]) Sparklers and lipped sticks, Sworn to and subscribed before me on this ________s________ day of _- total pyrotechnic composition not emceed one haat grams each In weigh[t. Pyrotechnic Pyrotechnic ram- posllion containing any chlorate or Perchlorate shall col. exceed five hill prams. ,g1 unties and shells of which the *� markup is an integral pert, totel cepidforty composition not to ex seed luny leo) grams nen in NOW Public ht Op Firecrackers(n , Frecrackers dna salutes wins external casings, e external dimensions of which do not exceed one and My Commission Expires : one-half (ly) Inches In length or ne"auarYer Oj$ Inch in diamehi, and other items designed to D4w- dufe an audible effect, total icrn- — - /Qr129-7-2. :thetins nomination not to exceed two 42) grams each in weight. SECTION 2. DATES OR SALE OF FIROWORRS. Fie" flea raay be sold in the City of Fees for Printing Fayetteville only on the days of June 20 through July 5 of any calender year. Provided. it shall be unlawful for any Coat of Proof __.____— $_____ ------------------ Person sell fireworks, hretell, whin ot the corporate to 4mwe ile of e CIU'. an any in day of the calendar year than the Total dales above named. $ Any person violating we above pro visionstall be guilt)' a misdemeanor. And nupon conviction shall be Punished by - a fine of not less than fitly fE50.00, or more than two hundred dollars n ninety r imprisoned for lint more than ninety the days or Eoth, in the distinction of he court. SECTION 3. This effect fro a shall be in fall torte end rov from dna after its passage and approval, and publication. PASSED AND APPROVED this 6th der of October. 190. 4PPROVEel Garland Mellon. Jo, >te)or ATI'F.Cr. !.ta;,h"n 61oore, up ( erk nf 13