HomeMy WebLinkAboutOrdinance 5320 ORDINANCE NO. 5320
AN ORDINANCE TO AMEND CHAPTER 94 FIRE PREVENTION OF THE
FAYETTEVILLE CODE BY AMENDING §94.05 SALE AND USE OF
FIREWORKS AND BY ENACTING A NEW §94.09 SALE OF
FIREWORKS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby amends
§94.05 by changing its title to Use of Fireworks, repealing subsection (A) in its entirety and
relettering all the following subsections appropriately.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter 94 Fire Prevention of the Fayetteville Code by enacting a new §94.09 Sale of
Fireworks as follows:
"§94.09 Sale of Fireworks
"(A) No person shall sell or distribute any firecrackers, sky rockets, bottle
rockets, sparklers, roman candles, or any other explosive used for amusement
purposes, or any other device or composition used to obtain visible or audible
pyrotechnic display, all commonly known as fireworks, except as specifically set
out herein.
(B) Fireworks which are not prohibited under state or federal law and which are
considered consumer fireworks as defined under federal law and regulations (27
C.F.R. § 555.11) may be sold between June 28th and July 5th of each year, subject
to the provisions set out herein. Any person desiring to sell fireworks must obtain
a permit. The fee for each permit shall be $5.00.00 per location. One-half of the
permit fee ($250.00) shall be placed in a revenue account of the Fayetteville Fire
Department to cover the cost of fire inspections of locations where fireworks are
sold. Before a permit to sell fireworks is issued, the person applying for the
permit must show proof that such location will be insured by a licensed insurance
company for $1,000,000.00 premises liability. A vendor must contact the
Fayetteville Fire Department and arrange for an inspection to ensure compliance
with this Code and any other applicable fire code requirements,prior to the sale of
fireworks.
Page 2
Ordinance No. 5320
(C) No fireworks shall be sold or stored within a permanent structure.
Furthermore, no fireworks stand shall be located at any place other than one in
full compliance with all provisions of law.
(D) Fireworks stands shall not be located within 250 feet of a fuel dispensing
facility and must be set back at least 50 feet from the nearest portion of the street
or highway.
(E) Fireworks shall not be sold to a person less than sixteen(16)years of age.
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PASSED and APPROVED this 18th day of May, 2010. 0.�``�G00;e0.G s
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By: By:
IO LD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/18/2010
City Council Meeting Date
Agenda Items Only
Fire Chief David Dayringer Fire
Submitted By Division Department
Action Required:
Amend and approve a City Ordinance allowing fireworks sales within the City limits of Fayetteville.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
4/26/2010 Previous Ordinance or Resolution#
Department Dire for Date
Original Contract Date:
Original Contract Number:
CitoWorney Date
G, .-.� fit' Z8-X)0
Finance and Internal Services Director Date Received in City
Clerk's Office
10L_ e/
Chie of S aff Date
Received in
` Mayor's Office Y Z�
M or e
Comments:
Revised January 15, 2009
01 l THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
- r r
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
From: David Dayringer, Fire Chief
Date: April 26, 2010
Subject: Revise City ordinance Title IX Chapter 94.05 Sale and Use of Fireworks
PROPOSAL: The City of Fayetteville Fire Department has determined that the City could recover some of its
cost for providing fire protection and prevention services during the time frame of the annual Independence Day
holiday by amending the fireworks ordinance. Currently, citizens are buying fireworks on the City's borders
and bringing them into the City for use. Due to the current availability of fireworks,there should be no increase
in the number of fires caused by fireworks if the City allows them to be sold and used within City limits. The
City could benefit from the revenue gained by regulating and allowing the sale of lawful fireworks within the
City limits. Amending the ordinance would make the purchase of fireworks more convienient for Fayetteville
citizens.
RECOMMENDATION: Staff recommends an amendment to City Code Chapter 94 Fire Prevention repealing
94.05 Sale and Use of Fireworks and enact 94.09 Sale of Fireworks. This would mirror the Springdale
ordinance and provide for cost recovery of providing fire protection services.
BUDGET IMPACT: The exact amount of revenue is difficult to estimate. However, based on the history of
sales in neighboring cities, a local fireworks distributer estimates sales of approximately $900,000 the first year
with the City realizing $18,000 in sales tax and an additional $7,000 in permit fees.
ORDINANCE NO.
AN ORDINANCE TO AMEND ARTICLE I GENERAL
PROVISIONS OF CHAPTER 94 FIRE PREVENTION OF THE
FAYETTEVILLE CITY CODE BY REPEALING § 94.05 SALE
AND USE OF FIREWORKS AND ENACTING A NEW § 94.09
SALE OF FIREWORKS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the
Fayetteville City Code, Article I General Provisions of Chapter 94 Fire Prevention by
repealing § 94.05 Sale and Use of Fireworks in its entirety and enacting a new § 94.09 Sale of
Fireworks as follows:
"(A) No person shall sell or distribute any firecrackers, sky rockets, bottle
rockets, sparklers, roman candles, or any other explosive used for amusement
purposes, or any other device or composition used to obtain visible or audible
pyrotechnic display, all commonly known as fireworks, except as specifically set
out herein.
(B) Fireworks which are not prohibited under state or federal law and which are
considered consumer fireworks as defined under federal law and regulations (27
C.F.R. § 555.11)may be sold between June 28th and July 5th of each year, subject
to the provisions set out herein. Any person desiring to sell fireworks must obtain
a permit. The fee for each permit shall be $500.00 per location. One-half of the
permit fee ($250.00) shall be placed in a revenue account of the Fayetteville Fire
Department to cover the cost of fire inspections of locations where fireworks are
sold. Before a permit to sell fireworks is issued, the person applying for the
permit must show proof that such location will be insured by a licensed insurance
company for $1,000,000.00 premises liability. A vendor must contact the
Fayetteville Fire Department and arrange for an inspection to insure compliance
with this Code and any other applicable fire code requirements,prior to the sale of
fireworks.
(C) No fireworks shall be sold or stored within a permanent structure.
Furthermore, no fireworks stand shall be located at any place other than one in
full compliance with all provisions of law.
(D) The sale of any aerial fireworks attached to a stick shall not be permitted.
(E) Fireworks stands shall not be located within 250 feet of a fuel dispensing
facility and must be set back at least 50 feet from the nearest portion of the street
or highway.
(F) Fireworks shall not be sold to a person less than sixteen(16)years of age.
(G) At all locations where fireworks are sold a sign shall be conspicuously
posted, visible to the public, which states, "THE DISCHARGE OF BOTTLE
ROCKETS OR FIREWORKS THAT TRAVEL ON A STICK IS PROHIBITED
IN THE CITY OF FAYETTEVILLE."
PASSED and APPROVED this 18th day of May, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
2
Chief,
had a discussion today with Andy Clark. He is a resident of Fayetteville and is the owner of
Uncle Sam's Fireworks in Hindsville. Uncle Sam's has been selling fireworks in Northwest
Arkansas for over twenty years. Mr. Clark is available on request for more detailed discussion if
needed.
The focus of our discussion was about selling fireworks within the City limits of Fayetteville and
what the City could expect in revenue. If an ordinance could be worked out similar to
Springdale's, Uncle Sam's would try to have about five locations. Mr. Clark said there would be
about five other companies capable of starting a similar number of locations if they could secure
the property. So the estimate on the number of locations would be about 30. Estimated sales,
depending on location, would average around $30,000 per. That would be around $900,000 in
total sales. This would result in $18,000 sales tax revenue for the City. This total does not include
the"independent"sellers that may open.
called Assistant Chief Kevin McDonald of the Springdale Fire Department. I also looked up
Springdale's fireworks ordinance and attached a copy. Springdale has allowed fireworks sales for
about 5 years now. They were like Fayetteville in that they were surrounded by fireworks
locations just outside of their City limits. People in and around Springdale were buying fireworks
within site of the City limits with no sales tax money going to Springdale.
The first year Springdale sold 14 location permits at$500 each. In 2009, over 30 permits were
sold. We could probably expect a similar start and progression in Fayetteville.
Suggestions
1. Develop an ordinance similar to Springdale's
2. Include a$500 permit fee.
3. Look at adding an additional 2% sales tax just for fireworks. This would result in a total sales
tax of 11.25%. 4% of that would be City tax. This would be a similar situation as the 2%
hotel/motel/restaurant(HMR)tax that Fayetteville charges.Would result in $36,000 sales tax
revenue for the City when using the$900,000 sales estimate.
4. Look at ways some of the permit money might be dedicated to the fire department budget.
Ordinance suggestions that are not in Springdale's ordinance
1. Consider the possibility of a mandatory set up time for locations as well as not allowing
set up after a set date. This would allow the fire marshal to schedule inspections at a set
date.
ISec.46-66.-Fireworks.
(a) (1)
No person shall sell or distribute in the city any firecrackers, sky rockets, bottle rockets, sparklers,
roman candles, or any other explosive used for amusement purposes, or any other device or
composition used to obtain visible or audible pyrotechnic display, except as specifically set out
herein.
(a) (2)
Fireworks which are not prohibited under law(Ark. Code Ann. §20-22-701, et seq.)and which
are considered consumer fireworks as defined under federal law(27 C.F.R. § 555.11) may be
sold in the city between June 28th and July 5th of any year, subject to the provisions set out
herein. Any person desiring to sell fireworks within the city must obtain a permit through the city
clerk's office. The charge for each permit shall be$500.00 per location. One-half of the permit fee
($250.00) shall be placed in the revenue account of the city fire department to cover the cost of
fire inspections of locations where fireworks are sold. Before a permit to sell fireworks is issued by
the city clerk, the person applying for the permit must show proof that such location will be
insured by a licensed insurance company for$1,000,000.00 premises liability. A vendor must
contact the Springdale Fire Department and arrange for an inspection by the fire marshal to
ensure compliance with city ordinance and fire code requirements prior to the sale of fireworks.
(a) (3)
No fireworks shall be sold or stored within a permanent structure of the city. Further, no fireworks
stand shall be located anywhere within the city, except in a C-2, C-5 or A-1 zone provided the A-1
property has frontage on a federal or state highway. All locations where fireworks are sold must
comply with all Arkansas and federal law, as well as the 2000 International Fire Code and the
2002 Arkansas Fire Prevention Code, as adopted by the city.
(a) (4)
No person selling fireworks within the city shall be allowed to sell any fireworks which travels on a
stick, as these particular fireworks are prohibited to be discharged within the city.
(a) (5)
No fireworks stand shall be located within 250 feet of a fuel dispensing facility and all fireworks
stands must have at least 50-foot setback from the street or highway.
(a) (6)
No person under the age of 16 shall be allowed to purchase fireworks within the city.
(a) (7)
All locations where fireworks are sold within the city shall post a sign, visible to the public, which
states, "The discharge of bottle rockets or fireworks that travel on a stick are prohibited in the City
of Springdale."
(b) (1)
No person shall discharge at any place, public or private, within the city boundaries, any aerial
firework(s)which travels on a stick, except a permit may be obtained for a public display of
fireworks, as more particularly set out in this section.
(b) (2)
The fire chief shall permit the use of fireworks for outdoor public display when all provisions of
NFPA 1123 are met and after all necessary permits have been issued. If any such permit is
issued, any such display shall be handled by a competent operator approved by the fire chief,
and shall be of such character and so located, discharged or fired so as not to be hazardous to
property or endanger any person. No such permit shall be authorized except for the following:
A.
Between the hours of 8:00 a.m. and 11:00 p.m. on July 1st through July 4th of any year; or
B.
At professional sporting.events in a P-1 zone provided that the property adjacent to the P-1 zone
is commercial or agricultural, between the hours of 6:00 p.m. and 11:00 p.m. on April 1st through
September 30th of any year; or
C.
Small test firing to determine the feasibility of the discharge site for future public display, provided
no salute shells are discharged and provided that any such test firings shall be between the hours
of 6:00 p.m. and 10:00 p.m., between April 1st and June 30th of any year.
No fireworks, including firecrackers, sparklers, or Roman candles may be discharged within the
city except as set out as follows:
(c)(1)
All legal fireworks, except aerial fireworks that travel on a stick, may be discharged on private
property between the hours of 8:00 a.m. and 10:00 p.m. on July 1st through July 4th of any year,
provided that the owner of the private property consents to such discharge of the fireworks; and
(c) (2)
A person of at least 21 years of age shall supervise the discharge of any fireworks if any person
participating in the activity is under the age of 16.
(Code 1973,§ 11-6; Ord. No. 2464, §§ 1-3, 3-12-96; Ord. No. 3210, 5-14-02; Ord.
No. 3339, § 1, 6-10-03;Ord. No. 3689, 5-24-05; Ord. No.4131, 11-13-07; Ord. No.
4317, § 1, 5-12-09; Ord. No.4369, § 1, 9-17-09)
04/19/2010 16:25 4792673805 CITY OF FARMINGTON PAGE 01/04
ORDINANCE NO. 2007-27
AN ORDINANCE TO AMPM ORDINANCES 1988-
3.1
988-
3.1 AND 2002-3.3, (A) RRMUM O THE SALE;
AND USE OF FIREWORKS IN THE CITY OF
FARMINGTON, ARKA'N'SAS
WHEREAS, ordinances 18883 .7, and 2002-3.1 (A) contain,
regulations pertaining to the sale and use of fireworks in
the City of Farmington; and
WHEREAS, the Farmington Planning Commission and the
Farmington City council have reviewed the existing
ordinances in an effort to provide for the Sale of
fireworks in, certain areas of the city and to regulate the
sale and use of fireworks £or .the safety of the citizenry;
NOW, THEREFORE, BE IT ORDAINED 8Y THE CITY COUNCIL, FOR THE
CITY OF FARMINGToN, AnxmsAs:
SECTION 1z Sales of Fireworks:
(a) No individual, partnership, corporation, or other
entity sball sell or distribute fireworks, bottle rockets,
roman candles, sky rockets or any other explosive or
combustible device used for amusement and visible or
audible pyrotechnic display, except as specifically set
forth herein..
(a) (1) Firewoarks which, are defined as consumer
fireworks under federal law, 27 C.F.R. 9555.11 and which
are not prohibited under Arkansas law in A.C.A. 920-22-701,
et seq. , may be Sold in areas of the city zoned C-1, C-2,
A-1 and I-1 after meeting the following requirements:
(2) Individuals, partnerships, corporations or any
other organization or entity must first acquire a
conditional use permit each yaar at a cost of $250 . One-
half (1/2) Of the permit fees shall be placedin the
04/1912010 16:25 4792673805 CITY OF FARMINGTON PAGE 02/04
revenue account of the Farmington Fixe Department for the
cost to perform its enforcement procedures described
herein.
(3).Tndividuals, partnerships, corporations or any
other organization or entity must provide proof of premises
liability insurance covering the named ,insured for bodily
injury and/or property damage arising out of the use and
maintenance of the insured premises with $1, 000,000 in
coverage for each, occurrence and a minimum of $3,000, 000 in
general aggregate coverage.
(4)The Farmington Fire Department must approve the
location of the fireworks stand in accordance with the
following requirem.enta
(.A)The fireworks are not being stored or sold in
a permanent structure In, the city, and
(B)The fireworks stand is in compliance with
Arkansas and federal law and the 2000 International Fire
Code, and approved by the Farmington Fire Department.
(C)No fireworks stand shall be located within 250
feet of a fuel dispensing facility and all fireworks stands
must have a setback of a minimum of 50 feet from the
nearest street or highway and 200 feet from school grounds.
(D)The Farmington Fire Chief shall have the
authority to inspect firework stands at any time. Should a
firework stand be out of compliance with applicable state
and federal law or the 2000 International Fire Code, the
Fixe Chief shall have the authority to discontinue the
further gale of fireworks. In, the event the Farmington
Fire Chief discontinues the sale of fireworks, the
individual, partnership, corporation or other entity shall
be required to reapply for a renewal of the permit and be
approved by the Farmington Planning Commission for a
conditional use permit to continue the sale of fireworks in
the city.
(b) Fireworks may be sold on June 21 through Uuly 7 and
December 21 through t7anua,ry 3 of each year, provided the
conditional use permit for the fireworks stand has been
approved by the Farmington Planning Commission and the
location has been approved by the Farmington. Fire
Department.
04/1912010 16:25 4792673805 CITY OF FARMINGTON PAGE 03104
SECTION 2 : Use and Display or Fireworks:
(a) It shall, be unlawful to bring ia, possess,
explode, discharge or cause to be discharged or burn any
fireworks, including but not limited to firecrackers,
skyrockets, bottle rockets, roman, candles or other devices
or explosives or flammable materials on city property.
(b) Fireworks may be discharged in the city on July
3rd and July 5th from, 10:00 a.m. to 10: 00 p.m. ; from 10:00
a.m. to 12:00 midnight on July 4th; from, 10: 00 a.in. to 10:00
p.m. on December 24th and December 25th; and from 10:00 a.m.
on December 318t (New Years Rre) to 1: 00 a.m. on January 10t
(New Years Day) . No fireworks may be discharged during the
remainder of January 3.at, New Years Day. The dates and
times prescribed . hearein shall not apply to fireworks
displays sponsored or approved by the City of Farmington.
(c) All debris caused by and remaining after the
discharge of fireworks shall be removed from the city
streets within 24 hours after the time with which the
discharge was allowed. All freestanding tents and
structures used to seal fireworks and any resulting debris
shall be removed within 72 hours from the premises on which
fireworks were sold.
(d) The Farmington Fire Chief or Mayor shall be
authorized to declare an emergency and prohibit all, use of
fireworks upon a determination that such use would create a
fare hazard due to dry conditions.
SECTION 3 : Penalties:
(a) 'Whoever violates any provision of this ordinance
for which no specific penalty is otherwise provided skull
be punished by a fine of not more than $50 for each
Violation. If the violation of this ordinance is
continuous in respect to time, the penalty for allowing the
continuation thereof $hall not exceed $250 for each day
that the same is unlawfully continued; provided, no penalty
shall_ be greater or less than the penalty provided for the
same or similar offense under the Laws of the State of
Axkansas.
04/19/2010 16:25 4792673805 CITY OF FARMINGTON PAGE 04/04
(b) The Farmington Fire Chief shall, be authorized to
issue a citation to any person violating any provision of
this Ordinance.
SECTION 4: Repealing Clause. All other ordinances and
parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5: Severability Clause. In, the event any
Portion of this ordinance is declared inoperative or
invalid as a reouit of a statute or judicial, decision, then
Only that portion expressly so declared to be inoperative
or invalid shall be affected, thereby and all other
Provisions hereof shall remain in full, force and effect.
PASSED, APPROV-RD
February, 2008
and IN EFFECT this 1.1th day of
APPROVED:
BY:
Ernie Penn, Mayor
ATTEST:
BY.- -i�-1•r�+�Q
Kelly Th M City Clerk
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Lioneld Jordan, Mayor
City Council
CC: David Dayringer, Fire Chief
FROM: Kit Williams CityAttorney
A�-
Y `---W--_—
�— C
.._ M-
DATE: May 13, 2010
RE: Modification of §94.05
Pursuant to the Administration's and City Council's request during the
Agenda Session, I have slightly modified the proposed ordinance to allow the sale
of fireworks, but no longer repeal the current code limitations on the use of
fireworks within Fayetteville. Instead of repealin.g all of §94.05, I propose only
repealing subsection (A).
"It shall be unlawful for any person to offer fireworks for
sale at retail within the city."
The remainder of §94.05 {subsections (B) through (G)I control the use, but not the
sale of fireworks. They shall be relettered (A) through (F), but there will be no
change whatsoever in the current city law relating to the use of fireworks in the
City.
The Administration may bring forward a proposal to change our use
regulations, but it is not included or affected by this ordinance. The only change
this ordinance makes is to allow limited sales of fireworks within Fayetteville
subject to permits and regulations.
I request that prior to my reading of the ordinance at the City Council
meeting, a motion be made to amend what was presented in your packet to the
ordinance attached to this memo. Then, I can read the correct version. so our
citizens will have a clearer understanding of what is being proposed.
FAYETTEVILLE CODE OF ORDINANCES
TITLE IX GENERAL REGULATIONS
it immediately, and if such person shall refuse. neglect 19-99; Ord. No. 4308, 4-17-01; Code 1991. §94.04; Ord. 5096,
or fail to do so, any organized fire suppression force 12-27-07)
may summarily abate the nuisance thus constituted by
MA� controlling or extinguishing the fire, and the cost thereof Cross reference(s)—Penalty, §94.99.
�t may be recovered from such person by civil action.
(Code 1965, §9-13; Ord. No. 1379, 12-9-63; Code 1991, State law referf municipalities
is unaffected,
excepted, A.C.A.
§94.03) §20-22-702; Power of municipalities unaffected, A.C.A. §20-22-
704 %/ lat' f b h t A C A 20 22 70
Cross reference(s)—Penalty, §94.99.
94.0 Sale And Use Of Fireworks
(A) It shall be unlawful for any person to offer fireworks
---� for sale at retail within the ci .
(B) It shall be unlawful for any person to use fireworks
/ within the city at any time except on the dates of
July 3 and 4; provided that public displays pursuant
to §3308 of the Arkansas Fire Prevention Code
(2000 Edition) may be permitted on any date
between July 1st and July 6th, inclusive.
\, (C) It shall be unlawful for any person to use the
following fireworks at any time except at a public
Ycf display pursuant to § 2002.2 of the Arkansas Fire
Prevention Code (1991 Edition):
(1) Skyrockets; and
L(2) Firecrackers, or any other exploding fireworks.
Ar��J (D) The fire chief or mayor shall be authorized to
�Lp^ declare an emergency and prohibit all use of
fireworks upon a determination that such use would
create a fire hazard due to dry conditions.
'r . • (E) The fire chief or mayor shall be authorized to
approve an alternate date for any lawful public
display which is canceled due to adverse weather
conditions or pursuant 694.04(E).
(F) It shall also be lawful for the University of Arkansas
to conduct the annual "Fireworks. Night" to
celebrate and congratulate the RazorbackBaseball
Team at its last home game of the year in or near
Baum Baseball Stadium. Said fireworks display
shall comply with all applicable regulations and
laws of the State of Arkansas.
r (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.
(Code 1965, §9-9.1; Ord. No. 1705,10-6-69:Ord. No. 1807, 8-
2-71; Ord. No. 2156, 10-21-75; Ord. No. 3359, 6-7-88; Ord. No.
3553, 6-18-91; Ord. No. 3706, §1, 6-1-93, Ord. No. 4195, 10-
CD94:4
io ion o su c ap er, . . . § - - 5, Possession,
sale and use unlawful -Exceptions, A.C.A. §20-22-708.
94.06 Flammable And Combustible
Liquids; Liquefied Petroleum Gases
(A) Adoption of NFPA 30 and NFPA 30A.
(1) The requirements contained in this section
shall be applicable to all'aboveground tanks
used for the outside storage and dispensing of
flammable and Class II combustible liquids
Within the city.Such installations shall comply
With the applicable requirements of National
Fire Association Protection Standard (NFPA)
30-1993 and NFPA 30A-1993, except as
modified herein. Refineries that comply with
NFPA 30 and the applicable sections of the
Standard Fire Prevention Code adopted by the
city shall be exempt from this section.
(B) Definitions.
(1) In addition to the definitions contained in NFPA
30 and NFPA_30A, the following definition shall
apply:
Premises: A parcel of land, which may include one
or more contiguous platted lots, occupied or intended for
occupancy for a particular use onset of uses, including
buildings together with accessory buildings, the yard
area, and parking spaces.
(C) Outside aboveground flammable and combustible
liquid tanks.
(1) All aboveground tanks used for the outside
storage of flammable and Class I I combustible
liquids in quantities in excess of 200 gallons
shall comply with the following:
(a) Such tanks shall be fire resistant tanks as
defined in NFPA 30A and shall comply
with all the requirements for fire resistant
tanks in NFPA 30A in addition to any
applicable requirements specified herein,
or
(b) Such tanks shall be installed in vaults that
meet all the applicable requirements of
NFPA 30A.
(2) The fire official may impose additional
ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 94 FIRE
PREVENTION OF THE FAYETTEVILLE CODE BY
AMENDING §94.05 SALE AND USE OF FIREWORKS AND
BY ENACTING A NEW §94.09 SALE OF FIREWORKS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
§94.05 by changing its title to Use of Fireworks, repealing subsection (A) in its entirety and
relettering all the following subsections appropriately.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
Chapter 94 Fire Prevention of the Fayetteville Code by enacting a new §94.09 Sale of
Fireworks as follows:
"§94.09 Sale of Fireworks
"(A) No person shall sell or distribute any firecrackers, sky rockets, bottle
rockets, sparklers, roman candles, or any other explosive used for amusement
purposes, or any other device or composition used to obtain visible or audible
pyrotechnic display, all commonly known as fireworks, except as specifically set
out herein.
(B) Fireworks which are not prohibited under state or federal law and which are
considered consumer fireworks as defined under federal law and regulations (27
C.F.R. § 555.11) may be sold between June 28t' and July 51h of each year, subject
to the provisions set out herein. Any person desiring to sell fireworks must obtain
a permit. The fee for each permit shall be $500.00 per location. One-half of the
permit fee ($250.00) shall be placed in a revenue account of the Fayetteville Fire
Department to cover the cost of fire inspections of locations where fireworks are
sold. Before a permit to sell fireworks is issued, the person applying for the
permit must show proof that such location will be insured by a licensed insurance
company for $1,000,000.00 premises liability. A vendor must contact the
Fayetteville Fire Department and arrange for an inspection to ensure compliance
with this Code and any other applicable fire code requirements, prior to the sale of
fireworks.
(C) No fireworks shall be sold or stored within a permanent structure.
Furthermore, no fireworks stand shall be located at any place other than one in
full compliance with all provisions of law.
(D) The sale of any aerial fireworks attached to a stick shall not be permitted.
(E) Fireworks stands shall not be located within 250 feet of a fuel dispensing
facility and must be set back at least 50 feet from the nearest portion of the street
or highway.
(F) Fireworks shall not be sold to a person less than sixteen (16) years of age.
(G) At all locations where fireworks are sold a sign shall be conspicuously
posted, visible to the public, which states, "THE DISCHARGE OF BOTTLE
ROCKETS OR FIREWORKS THAT TRAVEL ON A STICK IS PROHIBITED
IN THE CITY OF FAYETTEVILLE."
PASSED and APPROVED this 18t' day of May, 2010.
APPROVED:
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
RECEIVED
JUN 15 2010
NORTHWESTARKANSAS CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
NEWSPAPERS,.:
Northwest Arkansas Democrat Gazette
The Morning News of Springdale
The Morning News of Rogers
Northwest Arkansas Times
Benton County Daily Record
212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest
Arkansas Newspapers LLC. Printed and published in Benton County,
(Lowell), Arkansas and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville — Ordinance 5320
May 27, 2010
Publication Charge : $ 103.76
0"4Signed:--------- v'__
Subscribed and sworn to before me
This l l day of Tjfn,t , 2010.
Notary Public
Washington County
Commission Number 12374647
Notary Public - Arkansas
Av Commission Expires Jan. 20, 2020
My Commission Expires:
Do not pay from Affidavit, an invoice will be sent