The URL can be used to link to this page

Home My WebLink AboutOrdinance 3359 FILED FOR RECORD 0088 JUN 10 Pfd 3 46 WASHINGTON CO AR A. KOLLMEYER ORDINANCE NO . 3359 AN ORDINANCE AMENDING SECTION 9 - 9 . 1 OF THE FAYETTEVILLE CODE OF ORDINANCES TO REGULATE THE USE OF FIREWORKS . WHEREAS , the Fayetteville Board of Directors hereby deter - mines that the use of fireworks within the City should be regu- lated to protect the public health , safety and welfare . NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Section 9 - 9 . 1 of the Fayetteville Code of Ordinances is hereby amended to read as follows : ( a ) It shall be unlawful for any person to offer fireworks for sale at retail within the City . ( b ) It shall be unlawful for any person to use fire - works within the City at any time except on the dates of July 3 and 4 . ( c ) It shall be unlawful for any person to use the following fireworks at anytime except at a public display pursuant to section 409 . 7 of the Rules and Regulations for the Arkansas Fire Prevention Code ( 1983 Edition ) . ( 1 ) skyrockets ; and ( 2 ) firecrackers , or any other exploding fire - works . ( d ) It shall be unlawful for any person to use fire - works within the City except on the person ' s own property ; provided , public displays. pursuant to Section 409 . 7 of the Rules and Regulations for the Arkansas Fire Prevention Code ( 1983 Edition ) shall be permitted . ( e ) The Fire Chief or City Manager shall be authorized to declare an emergency and prohibit all use of fireworks upon a determination that such use would create a fire hazard due to dry conditions . LIBER 1273PAGE 606 TA ' i . 2 - Section 2 . That the Board of Directors hereby determines that the use of fireworks should be regulated to protect the public safety and hereby determines that the immediate passage of this ordinance is necessary to regulate the use of fireworks . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public health , safety and welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 7th day of June , 1988 . APPROVED V �, By : ICL.ij. p. ) _ Mayor ATTESTa it Clerk 4r \roUci37 Lim 1273 PAGE UU 1 CERT a'it_A e "c Cr RECORD I, Alm Kollmeyer, Circuit Clark and Ex-officio Recorder for Washington County, State of Arks ' eas SS Arkansas, do hercSy certify that this In- C; Cf 1 a}rEtt C:ii2 strumant was filed for record in my office I, Suzanne C. 1NiC:M^thy, City Ciera: and as indicated hereon and the same is now E0 rciorrier for tae City Of Fayetteville, duly recorded with the acknowledgement JP, hereby C8:".ity tf tat t to annexed or fore- and certificate thereon in Record Book and $O:nV i5 of Zec'ord 1:1 my OffiC: and the same ap- Pago as indicated thereon. j%y-"a i?T V:�...1' I :i�_' & ItcBUOi�ltltal hOC-�C IN WITNESS WHEREOF, I have borassO _.... :ti la - 3?.�jr I= sat my hand and affixod tlw wild of 5Wd i € - I iA .trey:: my Court on the date indicated herpM hand and seal th:, . o?�StYday of pp Alma Kottmeyor Cmsuit Clark said City Cl K and E.:-L fFci'v R -order i (e) Fireworks offered for retail sale must be so shelved or stored as to make them inaccessible, directly, to patrons. (f) All licenses under this code must have a fire extinguisher of a type approved by the Director of State Police in an area readily accessible to any point of storage or sale of fireworks. In lieu of such extinguisher, retailers may maintain a minimum of fifteen ( 15) gallons of water or a common type of hose connected to a water system, either or both to be readily available to any area where fireworks are stored or sold. C 409.6 — MINIMUM AGE OF CONSUMERS It shall be unlawful to offer for retail sale or to sell any fireworks to children under the age of twelve ( 12) years or to any person known to be intoxicated or irresponsible. It shall be unlawful to explode or ignite fire- works within six hundred (600) feet of any church, hospital, asylum, public school, or within two hundred (200) feet of where fireworks are stored, sold, or offered for sale. No person shall ignite or discharge any permissi- ble article of fireworks within or throw the same from a motor vehicle while therein, nor shall any person place or throw any ignited article of fireworks into or at such a motor vehicle, or at or near any person or group of people. 409.7 — PUBLIC DISPLAYS Nothing in this code shall be construed as applying to the shipping, sale, possession, and use of fireworks for public displays by holders of a permit- for a public display to be conducted in accordance with the rules and regu- lations promulgated by the Director of State Police. Such items of fire- works which are to be used for public display only and which are otherwise prohibited for sale and use within the state shall include display shells designed to be fired from mortars and display set pieces of fireworks classi- fied by the regulations of the Interstate Commerce Commission as "Class B Special Fireworks", and shall not include such items of Commercial fireworks as Cherry Bombs, Tubular Salutes, Repeating Bombs, Aerial Bombs, and Torpedoes. Public displays shall be performed only under competent supervision, and after the persons or organizations making such displays shall have _ applied for and received a permit for such displays issued by the Director / of State Police. Applications for permits for such public displays shall be (` made in writing at least two (2) days in advance of the proposed display, and the application shall show that the proposed display is to be so located and supervised that it shall not be hazardous to life, limb or property. If the said display is to be performed within the limits of a municipality, the application shall so state and shall bear the signed approved of the Chief Supervisory Officials of the Fire and Police Departments of such munici- pality. Permits issued shall be limited to the time specified therein, and shall not be transferable. Possession of Special fireworks for re-sale to holders of a permit for a Public Fireworks Display shall be confined to holders of a distributors permit only. 16 STATE of ARKANSAS as. County of Washington -ORDINANCENo. 3359 AN ORDINANCE AMEN- I I, ✓ �� ' `'� ( '1"x - + ��e ' % ! 1 f %t A hereby certify that I _ DING SECTION am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper THE FAYETTEVILLE P L + Y _ CODE OF ORDINANCES having a second class mailing privilege, and being not less than four pages of TO REGULATE THE USE five columns each, published at a fixed place of business and at a fixed (daily) OF FIREWORKS. . . Intervals continuous) y y y g WHEREAS, the Fayet- yin the Cit of Fayetteville, Count of Washington, Arkansas teviue Board of DlrecTors for more than a period of twelve months, circulated and distributed from an hereby determines that The established lace of business to subscribers and readers generally of all classes use of fireworks Within the P g y City should be regulatetl to In the City and County for a definite price for each copy, or a fixed price per protect the public health, annum, which price was fixed at what is considered the value of the publication, safety and welfare. NOW, THEREFORE, BE based uponthe news valueand servicevalue itcontains, that at least fiftypercent RESOLVED BY THE B of thesubscribers theretohave paidcash for their subscriptions tothe newspaper BOARD OF DIRECTORS _ OF THE CITY OF FAYET- Or Its agents Or through recognized news dealers over a period of at least six TEVILLE, ARKANSAS: Imonths: and that the said newspaper publishes an average of more than forty ' Section 1. That section 9- percent news matter. 9.1 of the Fayetteville Code Pe of Ordinances is hereby amended to read as follows: I further certify that the legal notice hereto attached in the matter of (a) It shall be unlawful for any person to offer i�� [1/ C : � /% of fireworks for sale at retail Within the City. - - � (b) It shall be unlawful for / any person to use fireworks within the city at any time except onthetlatesofJuly 3 was published In the re ulardaily issue of said newsp perfor -- and a. consecutive insertions as follows: (c) It shall Ix unlawful for any person to use the follow- ing fireworks at anytime ex- The first Insertion on the day of - ''��( -r(4- 19 CKL— cept at a public display pur- suant to section 409.7 of The , Rules and Regulations for the second Insertion on the day of 19 the Arkansas Fire Preven- .tion Code (1983 Edition). (1 ) skyrockets: and the third Insertion on the day of 19 ,: (2) , firecraekers; or any other It shallb unlawful and the fourth insertion on the day 19� (d) a shall be unlawful for any person usefireworks Within the except on the Person's own Property: pro- vided, Public displays pur- suant suant to Section ratio of me S to to and subscribed before me o his �0 day of Rules and Regulations for the Arkansas Fire Preven- c; tion Code ( 1983 Edition)' shall be permitted. i/ jrl�/�`r ( `1j`7�,(\l� (e) The Fire Chief or city V . Manager shall be authorized a declare prohi it emergency and prohibit all use determine. tat'}' Publ c fireworks upon a Use create at such ux would M Commission Expires, create a fire hazard tlu.1 to Yl Ory n Section 2. That the Board of Directors hereby 9 mines that the use of / fireworks protect be public Iatetl to prated the public safety and hereby deter- mines that the immediate passage of this ordinance Is Fees for Printing _ S 1 /1, necessary to regulate the use of fireworks.,Therefore, an emergency is hereby Cost of Proof — S declared to exist and This or. dinance being necessary for the public health, safety and -rOlal welfare shall be in full force and effect from and atter Its passage and approval. PASSED AND APPROV- ED this 7th day off June, 1986. " ` APPROVED _ BY : Marilyn Johnson ATTEST . d Mayor 141 , \ 1 By: Suzanne C. MCWethy C\\ 1 City Clerk