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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. TR ►►N�nniNr�S / PASSED and APPROVED this 18th day of May, 2010. 0.�``�G00;e0.G s •cam' APPROVED: :FAYETTEVILLE: ATTEST: 5 �-= vs,(.9,4,KANSP.J2�.` .COs✓''7/a'e e..'�O ````, 'VG TON c `Adeae a►►►► ' c 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.