Loading...
HomeMy WebLinkAboutOrdinance 4156 ORDINANCE NO, 415 6 AN ORDINANCE ALLOWING THE UNIVERSITY OF ARKANSAS TO USE FIREWORKS FOR THE SINGULAR OCCASION OF THE CELEBRATION OF THE THIRD ANNIVERSARY OF THE OPENING OF THE BAUM BASEBALL STADIUM. WHEREAS, Fayetteville Code of Ordinances, §94.04 Sale and Use of Fireworks allows the use of fireworks within the City only on certain dates in July; and, WHEREAS, the Athletic Department of the University of Arkansas wishes to celebrate the third anniversary of the opening of the Baum Baseball Stadium with fireworks; and, WHEREAS, the City of Fayetteville wishes to join with the University of Arkansas in the celebration of the third anniversary of the opening of the Baum Baseball Stadium and allow fireworks in a safe and proper manner to commemorate that event. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section1. That §94.04 of the Code of Fayetteville, Sale & Use of Fireworks is hereby amended for the singular occasion of the third anniversary of the Baum Baseball Stadium and the use of fireworks by the University of Arkansas Athletics Department on Friday, May 7, 1999 (May 8, 1999 should adverse weather cancel the May 7, 1999 event) is hereby allowed at the Baum Baseball Stadium, 15th Street and Razorback Road in Fayetteville, Arkansas between the hours of 7:00 p.m. and 11 :00 p.m. Section 2. That the City of Fayetteville joins with the University of Arkansas in celebrating the third anniversary of the Baum Baseball Stadium and congratulates the 1999 Razorback Baseball team on their accomplishments. {/e PASSED AND APPROVED this day ofrin •l 1999. APPROVED: ; � A�� .; _ • � By: llaa f Fr Hanna, Mayor a . I s r G•,,� • ATTEST: " By: Heather Woodruff, City e oeo yr szo STAFF REVIEW FORM y Agenda Request Contract Review Grant Review FOR THE FAYETTEVILLE CITY COUNCIL MEETING OF Apr i 1 6 , 1999 FROM: Jerry E _ Rose Legal Name Division Department ACTION REQUESTED: An ordinance allowing the University of Arkansas to use fireworks for the singular occasion of the celebration of the third anniversary of the opening of the Baum Baseball Stadium - COST TO THE CITY: $ n $ Cost of this request Category/Project Budget Category/Project Name Account Number Funds used to date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: A counting Manage Date Internal Auditor Date ? 9 CitAttolney Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: Division Head Date Department Director Date Administrative Services Director Date Mayor Date MAR. 17. 1999 2 : 00PM N0. 065 P . 2/2 ORDINANCE NO. ANO ORDINANCE ALLOWING THE UNIVERSITY OP ARKANSAS TO USE FIREWORKS FOR THE SINGULAR OCCASION OF THE CELEBRATION OF THE THIRD ANNIVERSARY OF THE OPENING OF THE BAUM BASEBALL STADIUM. WHEREAS, Fayetteville Code of Ordinances, 94.04 Sale and Use of Fireworks allows the use of fireworks within the City only on certain dates in July; and, WHEREAS, the Athletic Department of the Univ city of Arkansas wishes to celebrate the second anniversary of the openinj of the Baum Baseball Stadium with fireworks; and , WHEREAS, the City of Fayetteville wishes to join with the University of Arkansas in the celebration of the second anniversary of the opening of the Baum Baseball Stadium and allow fireworks in a safe anc proper manner to commemorate that event. NOW, THEREFORE, IT BE ORDAINED BY THE CI rY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That 94.04 of the Code of Fayetteville, Sale & Use of Fireworks is hereby amended for the singular occasion of the second anniversary of the Baum Baseball Stadium and the use of fireworks by the University of Arkansas Athletics Department on Friday, y 7 ( May 8, 1999 should adverse weather cancel the May 71 1999 event ) is I ereby allowed at the Baum Baseball Stadium, 15th Street and Razorback Road In Fayetteville, Arkansas between the hours of 7:00 p.m. and 11:00 p.m. Section 2. That the City of Fayetteville joins with i he University of Arkansas in celebrating the third anniversary of the Baun k Baseball Stadium and congratulates the 1999 Razorback Baseball team on th 4r accomplishments. PASSED AND APPROVED this day of. 1999. APPROVED gy . Fred Hanna Mayor ATTEST: By- -- --- --- - MAR-17-1999 0130 P . 02 t ORDINANCE NO._ 1 j AN ORDINANCE ALLOWING THE UNIVERSITY OF ARKANSAS TO USE FIREWORKS FOR THE SINGULAR OCCASION OF THE CELEBRATION OF THE FIRST ANNIVERSARY OF THE OPENING OF THE BAUM BASEBALL STADIUM. WHEREAS, Fayetteville Code of Ordinances, §94.04 Sale and Use of Fireworks allows the use of fireworks within the City only on certain dates in July; and, WHEREAS, the Athletic Department of the University of Arkansas wishes to celebrate the first anniversary of the opening of the Baum Baseball Stadium with fireworks; and, WHEREAS, the City of Fayetteville wishes to join with the University of Arkansas in the celebration of the first anniversary of the opening of the Baum Baseball Stadium and allow fireworks in a safe and proper manner to commemorate that event. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That § 94.04 of the Code of Fayetteville, Sale & Use of Fireworks is hereby amended for the singular occasion of the first anniversary of the Baum Baseball Stadium and the use of fireworks by the University of Arkansas Athletics Department on Friday, May 9, 1997 (May 10, 1997 should adverse weather cancel the May 9, 1997 event) is hereby allowed at the Baum Baseball Stadium, 15th Street and Razorback Road in Fayetteville, Arkansas between the hours of 6:00 p. m . and 11 p.m . Section 2. That the City of Fayetteville joins with the University of Arkansas in celebrating the first anniversary of the Baum Baseball Stadium and congratulates the 1997 Razorback Baseball team on their accomplishments. MSED AND APPROVED this 1st day of April 1997. E ' APPROVED: i By: red Hanna, Mayor ATTf STc• By: Traci Paul, City Clerk FIRE PREVENTION, PROTECTION, AND SAFETY 20-22-701 SUBCHAPTER 7 — FIREWORKS ' r - 1 I ce�T SECTION. V-701 . Definitions. 20-22-709. Labeling. 22_ (y2. Public displays excepted. 20-22-710. Location, display, sale, etc. ] 703. Other exceptions. 20-22-711. Times of � Perip Ibe les. V.7 Powemunicipalities unaf- 20-22-712ted. . Sales to certaineopaprohi b-Cer �I 1 ited. g{405. Violation of subchapter — 20-22-713. Place of explosion or ignition. � I j Penalties.� 20-22-714. Seizure of contraband fire- 22.7o6. License required — Penalty. works. (� i .• .yX' XPP 22.707. License — Application and is- 20-22.715. Notice of violation — Hear- nuance. x}22-708. Possession, sale, and use un- Ing' lawful — Exceptions. rgeetive Dates. Acts 1963, No. 34, be in effect from and after the date of its , t { 5; Feb. 8, 1963. Emergency clause pro- passage and approval." I 1 �� : " • ' "It is hereby found and determined Acts 1977, No 504, § 7: July 1, 1977. b ill,, General Assembly that the use of Acta 1985, No. 1041 , § 3: Apr. 17, 1985* .halal Fireworks" id beneficial in cer- Emergency clause provided: "It is hereby' l ' Wa Agricultural and industrial opera- ,*,A and determined by the General As• IiAatl and that under the present law of sembly that the increased license fees Aja 8tute much fireworks may not be provided by this Act should o into effect Ally used for such purposes; that it is i tho Im.4t interests of the agricultural at the next renewal date which is July 1 , �atl Industrial programs of this State that 1985; that unless this emergency is Ilp IAw be revised immediately to permit adopted that this Act might not go into • effect until after July 1, 1985. herefore, 00 ism, of such fireworks for such Aur LSA and that this can be accomplished an emergency is hereby declared to exist, I Ii 11 . inly fly giving this act effect immediately. and this Act being immediately necessary Nrefuro an emergency is hereby de• for the preservation of the public peace, If 4lerod to exist and this act being neves- health and safety, shall be in full forceI, e ory for the immediate preservation of and effect from and after its passage and cc 0 public peace, health and safety shall approval." 'I � I ��� 1 ' �3 � • r ` x RESEARCH REFERENCES Am. Jur. 31A Am. Jur. 2d, Explos., I II ( 109 et seq. C.J.S. 35 C.J.S., Explos., § 10 et seq. • Illi i 20.22-70.1. Definitions. As used in this subchapter, unless the context otherwise requires: (1) "Distributor" means any person engaged in the business of mak- tog sales of fireworks at wholesale in this state to any person engaged I " the business of making sales of fireworks either as a jobber ora retailer or both; (2) "Jobber" means any person engaged in the business of making " • l ri' t a , Isles of fireworks at wholesale to any other person engaged in the i I li �y II,I ' I pct . c 20-22-702 PUBLIC HEALTH AND WELFARE 43$ <} «J 439 } business of making sales at retail. The word "wholesaler" shall have � ' ' of the Ir the same meaning as "jobber'; ` and sha. (3) 'Retailer" means any person engaged in the business of making bombs, t sales of fireworks at retail to consumers or to persons other than a (b)( 1) distributor or jobber; Y, pervisioi { (4) "Person" means any corporation, association, copartnership ar' ' . shall ha, one (1) or more individuals; the Dire • (5) "Sale" means barter, exchange, gift, or offer therefor, and each (2) AE such transaction made by any person, whether as principal, proprietor, 4' writing agent, servant, or employee; ' "'A. the appl: (6) "Manufacturer" means any person engaged in the making or and supe t construction of fireworks who ships or causes to be shipped, or trans -. :�t 4 (3) If t + ports or causes to be transported, any items of fireworks into the State M ity, the { of Arkansas; the chief ' (7) "Importer" means any person who imports, brings in, or causes to municip; A be brought in any fireworks from outside the geographical limits of the (c)( 1) . State of Arkansas into this state; and sha; (8) "Permit" means the written authority of the Director of the State (2) On Police issued without charge under the authority of this subchapter ' purchase (9) "I .C.C. Class C common fireworks" means all articles of fire' • resale tc ' works classified as "I.C.C . Class C common fireworks" as defined in " '' § 20-22-708 and in the regulations of the Interstate Commerce Como N,'t�t04o mission for the transportation of explosives and other dangerous arti. ' ) , cies; ( 10) "Special fireworks" means all articles of fireworks that are clae: 10.22-70 t ; sifted as Class B explosives in the regulations of the Interstate Como (a) No i merce Commission and shall include all articles other than those clas• , mnnufac sifted as Class C but shall not include such dangerous items of commer. operatioi i cial fireworks as cherry bombs, tubular salutes, repeating bombs, ae. lion or of rial bombs, torpedoes, and fireworks containing more than fifty (50) the milit milligrams of explosive powder; peace off ( 11 ) "License" means the written authority of the Director of the remoni State Police issued under the authority of this subchapter to a distribu. cecer monj tor, jobber, wholesaler, manufacturer, importer, or retailer for a fee as § 20-22-' atior provided in § 20-22-707. agriculte History. Acts 1961 , No. 224, § 7; 1977, cures a c No. 379, § 1 ; A.S.A. 1947, § 82-1707. tural or (1) No 20-22-702. Public displays excepted. issued b) (a) Nothing in this subchapter shall be construed as applying to the county a; p shipping, sale, possession, and use of fireworks for public displays by be used. holders of a permit for a public display to be conducted in accordance (2) All l ' with the rules and regulations promulgated by the Director of thd' agriculte State Police. Such items of fireworks which are to be used for public , possessio 1 • display only and which are otherwise prohibited for sale and use transfers within the state shall include display shells designed to be fired from (b) An. t mortars and display set pieces of fireworks classified by the regulations I i agricultu ii LLLLLLLL 1 . . it FIRE PREVENTION, PROTECTION, AND SAFETY 20-22-703 of the Interstate Commerce Commission as Class B special fireworks s,d shall not include such items of commercial fireworks as cherry lbs, tubular salutes, repeating bombs, aerial bombs, and torpedoes. a (bXI ) Public displays shall be performed only under competent su- Zon and after the persons or organizations:making the displays have applied for and received a permit for/ the displays issued by Ibe pirector of the State Police. i (2) Applications for permits for public displays shall be made in writing at least two (2) days in advance of the proposed display, and ill , I application shall show that the proposed display is to be so located Acid supervised that it shall not be hazardous to life, limb, or property. i (3) If the display is to be performed within the limits of a municipal- My, the application shall so state and shall bear the signed approval of l; l the chief supervisory officials of the fire and police departments of the ,,Ounicipality. i F Permits issued shall be limited to the time specified therein i 'o' shall not be transferable. I , i (2) Only licensed distributors who are licensed importers or who purchase from licensed importers may possess special fireworks for i male to holders of a permit for a public fireworks display. I 1 , Ilhtory. Acts 1961 , No. 224, § 6; 1985, 1(e, 1040, § 1 ; A.S.A. 1947, § 82-1706. 40.22.703. Other exceptions. 11 lq 1 (11) Nothing in this subchapter shall be construed as applying to the p1enufacture, storage, gale, or use of signals necessary for the safe *rlttion of railroads or other classes of public or private transporta- got, or of illuminating devices for photographic use; nor as applying to {ho military or naval forces of the United States or of this state or to peace officers; nor as prohibiting the sale or use of blank cartridges for ceremonial, theatrical, or athletic events; nor as applying to the trans- i n �ation, sale, or use of permissible fireworks as defined in 20.22-708 or special fireworks as defined in § 20-22-701 solely for j Agricultural or industrial purposes, provided the purchaser first se- gr e- tures a written permit to purchase and use the reworks fora tcul- fi tural or industrial purposes from the Director of the State Police. , .(1) No permit for use of fireworks for agricultural purposes shall be baued by the Director of the State Police except after approval of the county agricultural agent of the county in which the fireworks are to co ! (2) All fireworks purchased under permit as authorized herein forit agricultural or industrial purposes shall at all times be kept in the illi possession of the permit holder. The permits and fireworks shall not bel , I transferable. . , 3 l 1 ! 11 .(b) Any person holding a permit to purchase and use fireworks for agricultural or industrial purposes as provided in this section who 20-22-704 PUBLIC HEALTH AND WELFARE FIRE F i , shall sell, give away, or otherwise transfer such fireworkst rs, importers, i shall use or permit the use of the fireworks for any purpose r five from and t • agricultural or industrial purposes as stated on the t be valid thro, guilty of a misdemeanor and upon conviction thereforapplication by i ished by a fine of not less than fifty dollars ($50.00) nor sa, of the license Edf hundred dollars ($200) or imprisoned for not more than 'State Police of ; . days, or ffoth, in the discretion of the court. iaess conducte ` History. Acta 1961, No. 224, § 9; 1963, � � (A) 1Manufact(B) Importer NImpo q + l ! ( o. 34, $ 1 ; A.S.A. 1947, 3 82-1709. Impr ter ( (c) y 20-22-704. Power of municipalities unaffected. (D) Jobber W (E) Retailer { This subchapter shall not affect the power of any mu 1 However, r( regulate or prohibit the sale or use of fireworks. � swhich inclu History. Acts 1961 , No. 224, § 9; 1963, - OO tatters' licenses No. 34, 4 1 ; A.S.A. 1947, § 82-1709. ndors in books 1 . - F@ teeord the sales c a e It . j� l 20-22-705. Violation of subchapter — Penalties. � Director of tt �1 of each year. 1 Any person violating any of the provisions of this subchapter enth period. V � . ' 0 20-22-706, shall be guilty of a misdemeanor and upon co � ascy at no chat shall be punished by a fine of not less than fifty dollaro ($4g. abler licenses more than two hundred dollars ($200) or imprisoned for not R10te perm shall be j : ninety (90) days, or both, in the discretion of the court. 1' x(1,)( 1 ) Renewa history. Acts 1961, No. 224, 4 10; Works as a mam A.S.A. 1947, 0 82- 1710. bo wade effectiv i. floe (u) of this i ' • 20-22-706. License required — Penalty. ' prknnsas, on or f , pony postmarks (a) No person shall do any act for which a license is requlrutl bz (' r - (2) An initial wnalty in an ar, subchapter or by local authorities acting pursuant to it unless I ha the proper state and local license. a01Qo , sot forth in sal (b) Whoever violates subsection (a) of this section shall be putj a Irate penalty it by a fine of not less than one hundred dollars ($ 100) nor more than QYU fortin this ss thousand dollars ($5,000). fort All funds History. Acts 1961 , No. 224, 4 10; t State Police, in, �• A.S.A. 1947, 5 82-1710. the State Treas i are to be used • 20.22-707. License — Application and issuance. z r (d) The Dire( "I each license is (a)(1) An applicant, in order to engage in the sale of fireworke eil'tl whom such lic manufacturer, importer, distributor, wholesale jobber, or retailer, mot manufacturer, submit to the Director of the State Police an application on atf01n► (e)(1) It shat r ' provided by the Director of the State Police, before April 1 of h �. fA eac p }�t or for an Ark: iF setting forth such facts and information as the Director of the tltatd distributor, im d • " ' Police may determine necessary and proper, considering the requltti. Arkansas unle t}ei ments of public health, safety, and welfare. The license for•manttlhaa proof that the: ( � ff ` 1, I : to - / I : oil 1 ni 1 . I : 1 I . 1 11 1 ski _ 1 r ..1 u