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Home My WebLink AboutOrdinance 5096 ORDINANCE NO. 5096 AN ORDINANCE TO AMEND § 94.05 SALE AND USE OF FIREWORKS OF THE FAYETTEVILLE CODE TO ALLOW FIRST NIGHT FAYETTEVILLE TO SET OFF A PUBLIC FIREWORKS DISPLAY NEAR MIDNIGHT OF DECEMBER 31sT WHEREAS, First Night Fayetteville seeks permission to use fireworks around midnight of December 31 " to celebrate the New Year; and WHEREAS, the Fayetteville Fire Marshall has approved using the roof of the Town Center for a limited public fireworks display. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : The City Council of the City of Fayetteville, Arkansas hereby amends § 94.05 Sale and Use of Fireworks of the Fayetteville Code by enacting a new subsection (G) as shown below: "(G) It shall be lawful for First Night Fayetteville to conduct an annual public fireworks display to celebrate New Year's if approved by the Fayetteville Fire Marshall and if in full compliance with all applicable regulations and laws of the State of Arkansas." PASSED and APPROVED this 27 day of December, 2007. ��; .,•1•'•r.lf9s ''% ��;•'G\ZY Oc'•GP •• APPROVED: ATTEST: E ; FAYETTEVILLE ; :9S'9'QKANSP�J�'~• By: By: Ce AN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer AGENDA REQUEST FOR: COUNCIL MEETING OF SEPTEMBER 27, 2007 FROM: KIT WILLIAMS, CITY ATTORNEY Ordinance Or Resolution Title And Subject: An Ordinance To Amend § 94.05 Sale And Use Of Fireworks Of The Fayetteville Code To Allow First Night Fayetteville To Set Off A Public Fireworks Display Near Midnight Of December 3151 APPROVED FOR AGENDA : Mayor Date C� Z Crfy Attorney Date FAYETTEVILLE THE CITY OF FAYETTEVILLE,ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO : Dan Coody, Mayor City Council FROM : Kit Williams, City Attorney DATE: December 27, 2007 RE : Fireworks Display from City Property First Night Fayetteville has presented a fireworks display annually to celebrate the New Year. I believe this display was set off from a University parking lot. As you know many City ordinances are not enforceable on University property . This morning I read in the paper that the First Night Fayetteville fireworks display will be set off from the roof of the Fayetteville Town Center. Our current Fayetteville Code prohibits such a fireworks display . Therefore, I have drafted a new proposed subsection (G) to §94.05 Sale and Use of Fireworks. This needs to be presented and passed in a Special City Council meeting today (before or after the Agenda session). Since it is a very specific (as opposed to general) ordinance relating only to First Night Fayetteville and the New Year's celebration, this ordinance will take effect immediately and allow the public fireworks display planned for next Monday night. ORDINANCE NO, AN ORDINANCE TO AMEND § 94.05 SALE AND USE OF FIREWORKS OF THE FAYETTEVILLE CODE TO ALLOW FIRST NIGHT FAYETTEVILLE TO SET OFF A PUBLIC FIREWORKS DISPLAY NEAR MIDNIGHT OF DECEMBER 31ST WHEREAS, First Night Fayetteville seeks permission to use fireworks around midnight of December 3151 to celebrate the New Year; and WHEREAS, the Fayetteville Fire Marshall has approved using the roof of the Town Center for a limited public fireworks display. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : The City Council of the City of Fayetteville, Arkansas hereby amends § 94.05 Sale and Use of Fireworks of the Fayetteville Code by enacting a new subsection (G) as shown below: "(G) It shall be lawful for First Night Fayetteville to conduct an annual public fireworks display to celebrate New Year's if approved by the Fayetteville Fire Marshall and if in full compliance with all applicable regulations and laws of the State of Arkansas." PASSED and APPROVED this 27`h day of December, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE CODE OF ORDINANCES _ TITLE IX GENERAL REGULATIONS it immediately, and if such person shall refuse, neglect 94.06 Flammable And Combustible or fail to do so, any organized fire suppression force Liquids; Liquefied Petroleum Gases may summarily abate the nuisance thus constituted by controlling or extinguishing the fire, and the cost thereof (q) Adoption of NFPA 30 and NFPA 30A. may be recovered from such person by civil action. (Code 1965, §9-13; Ord. No. 1379, 12-9-63; Code 1991 , §94.03) (1 ) The requirements contained in this section shall be applicable to all aboveground tanks Cross reference(s)-Penally, §94.99. used for the outside storage and dispensing of flammable and Class II combustible liquids 94.05 Sale And Use Of Fireworks within the city. Such installations shall comply with the applicable requirements of National (A) It shall be unlawful for any person to offer fireworks Fire Association Protection Standard (NFPA) for sale at retail within the city. 30-1993 and NFPA 30A-1993, except as modified herein. Refineries that comply with (B) It shall be unlawful for any person to use fireworks NFPA 30 and the applicable sections of the within the city at any time except on the dates of Standard Fire Prevention Code adopted by the July 3 and 4; provided that public displays pursuant city shall be exempt from this section. to §3308 of the Arkansas Fire Prevention Code (2000 Edition) may be permitted on any date (B) Definitions. between July 1st and July 6th, inclusive. ( 1 ) In addition to the definitions contained in NFPA (C) It shall be unlawful for any person to use the 30 and NFPA 30A, the following definition shall following fireworks at any time except at a public apply: display pursuant to § 2002.2 of the Arkansas Fire Prevention Code (1991 Edition): Premises: A parcel of land, which may include one or more contiguous platted lots, occupied or intended for (1 ) Skyrockets; and occupancy for a particular use or set of uses, including buildings together with accessory buildings, the yard (2) Firecrackers, or any other exploding fireworks. area, and parking spaces. (D) The fire chief or mayor shall be authorized to (C) Outside aboveground flammable and combustible declare an emergency and prohibit all use of liquid tanks. fireworks upon a determination that such use would 1 aboveground tanks used for the outside create a fire hazard due to dry conditions. ( ) All e9 storage of flammable and Class II combustible (E) The fire chief or mayor shall be authorized to liquids in quantities in excess of 200 gallons approve an alternate dale for any lawful public shall comply with the following: display which is canceled due to adverse weather conditions or pursuant to §94.04(E). (a) Such tanks shall be fire resistant tanks as defined in NFPA 30A and shall comply (F) It shall also be lawful for the University of Arkansas with all the requirements for fire resistant to conduct the annual 'Fireworks NghC to tanks in NFPA 30A in addition to any celebrate and congratulate the Razorback Baseball applicable requirements specified herein, Team at its last home game of the year in or near or Baum Baseball Stadium. Said fireworks display shall comply with all applicable regulations and (b) Such tanks shall be installed in vaults that laws of the State of Arkansas. meet all the applicable requirements of NFPA 30A. (Code 1985, §9-9. 1; Ord. No. 1705, 10-8-69; Ord. No. 1807, 8- 2-71: Ord. No. 2156, 10.21-75: Ord. No. 3359, 6-7-88; Ord. No. (2) The fire official may impose additional 3553. 6-18.91 ; Ord. No. 3706, §7 , 6-1-93. Ord. No. 4195, 10- requirements to reduce the level of hazard for 19-99; Ord No. 4306, 4-17-01: Code 1991, §94.04) a proposed installation where. In hisjudgmenl, the circumstances warrant such action. Cross reference(s)--Penalty, §94 99. Stale law mference(s)-Publicdisplayseimpled, A.0 A. (3) Aboveground tanks having an individual §20-22-702. Powerof muniapalities unaffected, A.C.A. §20-22- capacity of 200 gallons or less shall be allowed 704: Violation of subchapter, A.C.A. §20-22-705; Possession, on the same premises as fire resistant tanks or sale and use unlawful-Exceptions, A.C.A. §20-22-708. tanks in vaults provided the total cumulative CD94:4 (1 .3.08) Clarice Pearman - Ord. 5096 Page 1 From: Clarice Pearman To: Williams, Kit Date: 1.3.08 2:35 PM Subject: Ord. 5096 Attachments: 5096 Amend 94.05 Sale & Use of Fireworks.pdf CC: Audit Kit: Attached is a copy of the above ordinance passed by City Council, December 27, 2007 signed by the mayor and city clerk. Please let me know if there is anything else needed for this item. Have a good afternoon. Thanks. Clarice RECEIVED LE ee .��''^^ {},� JAN 042008 A&jmm Demo= o=tte CITY OF FAY'S OFFICE 1(.0 CITY CLERK'S OFFICE Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: City of Fayetteville Ordinance 5096 Was inserted in the Regular Editions: January 4, 2008 Publication Charge: $ 58 . 02 Subscribed and sworn to before me Thisq'r�day of' 2008. Notary Pu lic loniae Devoe NoWy Pubk SUM of Air My Commission Expires: ` k5 I \ womm " Mawb ' lm" Do not pay from Affidavit, an Invoice will be sent RECEIVED JAN 0 4 2008 CITY OF FAYETTEV I LLE CITY CLERK'S OFFICE OIIOIMYICa NO. man AN awMUHef TO AMEND s Stas BALE AHo USE OFFl OF THE FAYE7TEVRLECODE TO ALLOW d fMW PAYBfTEM ro:1 sET - OFF- /t p JO ARN�O,RN$ OI>IPL�Y NFM MI6 H SKI" i' - AIIRANSAS edplq�pfp�fMfi�J nnyy�b�puMyy .+w s iahlr - � II PUI�iNF 0 1dwn�k'N rn. rcaoPwApq .FINE w�rory MM70YaL0. •AfAl10� my11� amOOOMOL M7Mt�f a rd �brMe HnrMllfflF RYNMdf/!M {Y10Un/Ii pp�pPpNhMpp& cable ngStNioM ah4lMn,dYr� - A - '44k ," . , - PM�� MlMI�yAlcDOFMYdOeoMOgti90T. •.;, • - i APPHOVEO: BY: OOINOLOMPgWROMwr