HomeMy WebLinkAboutOrdinance 5329 ORDINANCE NO. 5329
AN ORDINANCE TO AMEND §94.05 USE OF FIREWORKS OF THE
CODE OF FAYETTEVILLE
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 Use of Fireworks by repealing sections (A) and (B) {previously (B) and (C) before the
passage of Ordinance No. 5320) and by enacting replacement sections (A) and(B) as follows:
"94.05 Use of Fireworks
The use of any fireworks in Fayetteville is prohibited and constitutes a violation of law
punishable for §94.99 except as provided below:
(A) Consumer fireworks. Fireworks which are not prohibited under state or
federal law and which are considered consumer fireworks as defined by federal
law and regulations may lawfully be discharged within Fayetteville only as
prescribed below:
(1) Fireworks may only be discharged upon private property with the
consent of the property owner and between the hours of 10:00 a.m. until
10:00�.m. on July 1St, 2nd, and 3rd and from 10:00 a.m. until 11:00 p.m. on
July 4t and at no other time or date.
(2) If any person less than the age of 16 years is present, an adult (at least
21 years of age)must supervise the discharge of all fireworks.
(3) No skyrockets or aerial fireworks attached to a stick may be
discharged.
(B) Public display of fireworks. Public displays of fireworks may be allowed
upon the application and granting of a public fireworks display permit by the
Mayor or his designee subject to the following conditions:
Page 2
Ordinance No. 5329
(1) An applicant must possess a valid state fireworks permit and comply
with all applicable state and federal laws and regulations and requirements
of NFPA 1123 to apply for a Fayetteville public fireworks display permit.
(2) Public fireworks display permits may be issued for the dates allowed
pursuant to subsections (D), (E), and (F) below, and for the hours of 10:00
a.m. through 11:00 p.m. on July 1St, 2na, 3�a, and 4tn
(3) Public fireworks display permits may be issued as a part of any special
event permit issued by the City.
PASSED and APPROVED this 0 day of June, 2010.
APPROVED: ATTEST:
By: �-�._. By:
L O ELD JOYS , Mayor SONDRA E. SMITH, City Clerk/Treasurer
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rr AGENDA REQUEST
FOR: COU CIL MEETING OF JUNE 1, 2010
FROM:
FIRE CHIEF DAVID DAYRINGER
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND §94.05 USE OF FIREWORKS OF THE CODE OF
FAYETTEVILLE
APPROVED FOR AGENDA:
IZ2�
David Dayringer, Fie Chief Date
Don Marr, Chief of Staff Date
L' neld J , Mayor Kate
Kit Wil isms, City Attorney Date'
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(.,/2512010) Kit Williams- Use of Fireworks
Seite 7'1
From: David Dayringer
To: Williams, Kit
CC: Jordan, Lioneld; Jordan, Lioneld; Marr, Don
Date: 5/24/2010 11:40 AM
Subject: Use of Fireworks
Attachments: Use of Fireworks proposed ordinance.pdf
Hello Kit,
Attached you will find the proposed amendment previously prepared by your office for the "Use of
Fireworks". This language should work for us. However, in section B, I would like to be authorized to
grant a permit for public display for any special event that meets the requirements of that section. And
not restricted to sporting events. This language also appears to exclude the use of bottle rockets, which
is in line with our position. Will this language be 94.10 or will it be the new 94.05?
David C. Dayringer
Fire Chief
Fayetteville Fire Department
303 W Center St
Fayetteville, AR 72701
Office 479-575-8365
Mobile 479-841-5970
The U.S. Census takes place during March and April of this year. BE COUNTED! Your community is
counting on you!
TDD (Telecommunications Device for the Deaf): (479) 521-1316
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY �fll
DAVID WHITAKER,ASST.CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
City Council
Don Marr, Chief of Staff
David Dayringer, Fire Chief
,s
FROM: Kit Williams, City Attorney
DATE: May 25, 2010
RE: Amendment to Use of Fireworks Ordinance
Last week the City Council passed Ordinance No. 5320 which
authorized the sale of fireworks within Fayetteville, but left unchanged
restrictions upon fireworks use within Fayetteville. The Administration
and Fire Chief Dayringer are now bringing forward an ordinance which
would affect the permitted use of fireworks in Fayetteville.
The use of consumer fireworks by our citizens would be expanded to
allow the use of firecrackers and other exploding fireworks which are now
banned. This ordinance proposes to continue to ban skyrockets and aerial
fireworks attached to a stick. Citizens would be authorized to discharge
fireworks from 8:00 a.m. until 10:00 p.m. on July 1St, 2nd, and 3rd, and from
8:00 a.m. until 11:00 p.m. on July 4th.
Public fireworks displays (professional, nonconsumer fireworks)
remain authorized, for the period of July 1St, 2nd, 3rd, and 4th (8:00 a.m. until
11:00 p.m.) Our current law would allow public displays also on July 5th
and 6th.
The Administration also proposes that a public fireworks display
permit may be issued by the Mayor "for any special event." This is a new
and broad authority for the Mayor to authorize a public fireworks display.
I have incorporated this proposal in subsection (3) of subsection (B) Public
display of fireworks.
The current subsections (C), (D), (E) and (F) remain unchanged.
Attached is Ordinance No. 5320 and the current code sections.
ORDINANCE NO.
AN ORDINANCE TO AMEND §94.05 USE OF FIREWORKS
OF THE CODE OF FAYETTEVILLE
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 Use of Fireworks by repealing sections (A) and (B) {previously (B) and (C)before the
passage of Ordinance No. 53201 and by enacting replacement sections (A) and(B) as follows:
"94.05 Use of Fireworks
The use of any fireworks in Fayetteville is prohibited and constitutes
a violation of law punishable for §94.99 except as provided below:
(A) Consumer fireworks. Fireworks which are not prohibited under state
or federal law and which are considered consumer fireworks as defined by
federal law and regulations may lawfully be discharged within Fayetteville
only as prescribed below:
(1) Fireworks may only be discharged upon private property with
the consent of the property owner and between the hours of 8:00 a.m.
until 10:00 p.m. on July 1St, 2nd, and 3`d and from 8:00 a.m. until
11:00 p.m. on July 4th and at no other time or date.
(2) If any person less than the age of 16 years is present, an adult(at
least 21 years of age)must supervise the discharge of all fireworks.
(3) No skyrockets or aerial fireworks attached to a stick may be
discharged.
(B) Public display offireworks.
Public displays of fireworks may be allowed upon the application and granting
of a public fireworks display permit by the Mayor or his designee subject to the
following conditions:
(1) An applicant must possess a valid state fireworks permit and
comply with all applicable state and federal laws and regulations and
requirements of NFPA 1123 to apply for a Fayetteville public
fireworks display permit.
(2) Public fireworks display permits may be issued for the dates
allowed pursuant to subsections (D), (E), and (F)below, and for the
hours of 8:00 a.m. through 11:00 p.m. on July 1St, 2na, 3ra, and 4th
(3) Public fireworks display permits may be issued as a part of any
special event permit issued by the City.
PASSED and APPROVED this 1St day of June, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
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 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 28`x'and July 5`h 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 18d'day of May,2010. ���Y p;�•SG�%�
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LD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTE-VILLE 004.E 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 suprQssiorl:forc.a 12-27-07)
may summarily abate the nuisance thusrconstituted by
tvto,>t controlling or extinguishing the fire,and the cost thereof Cross reference(s)—Penalty,§94.99.
1 may be recovered from such person by civil action.
(Code 1965, §9-13; Ord. No. 1379, 12-9-63; Code 1991, State law references)--Public displays excepted,A.C.A.
§94.03) §20-22-702;PoWer of municipalities unaffected,A.C.A.§20-22-
9-'
Violation of subchapter,A.C.A.§20-22-705;Possession,
Cross refs►ence(e)—Penalty,§94.99. sale and use unlawful-Exceptions,A.C.A.§20-22-708.
A tr' 94.06 Flammable And Combustible
94.0 Sale And Use Of Fireworks Liquids; Liquefied Petroleum Gases
(A) It shall be unlawful for=the
=offerworks (A) Adoption of NFPA 30 and NFPA 30A.
--'� for sale at retail within
rCA"4 (1) The requirements contained in this section
(B) It shall be unlawful for any person to use fireworks shall be applicable to all aboveground tanks
/ within the city at any time except on'the dates of used for the outside storage and dispensing of
July 3 and 4;provided that public displays pursuant flammable and Class II combustible liquids
to §3308 of the Arkansas Fire 'Prevention Code within the city. Such installations shall comply
(2000 Edition) may be permitted on'any date with the applicable requirements of National
Nk
between July 1 st and July 6th, inclusive. Fire.Association Protection Standard(NFPA)
30-1993 and NFPA 30A-1993, except as
(C) It shall be unlawful for any person to use the modified herein. Refineries that comply with
c f following fireworks at any time except at a,.public NFPA 30 and the applicable sections of the
r f�jetv / display pursuant to§2002 2 of the Atkansas Fire Standard Fire Prevention Code adopted by the
Prevention Code'(1901 Edition): city shall be exempt from this section.
S f (1) Skyrockets;and (B) Definitions.
(2) Firecrackers,or any other exploding fireworks. (1) In addition to the definitions contained in NFPA
�I30 and NFPA 30A,the following definition shall
A (D) The fire chief or mayor shall be authorized to apply:
Lr declare an emergency and prohibit ail use of
fireworks upon a determination that such use would Premises:A parcel of land,which may include one
create a fire hazard due to dry conditions. or more contiguous platted lots,occupied or intended for
occupancy for a particular use or set of uses,including
(E) The fire chief'or mayor shall be authorized to buildings together with accessory buildings, the yard
l approve an alternate data for any lawful public area,and parking spaces.
display which is canceled due to adverse weather
conditions or pursuant'to 994.04(E). (C) Outside aboveground flammable and combustible
liquid tanks.
(F) It shall also be lawful for the University of Arkansas
to conduct the'annual Fireworks. Night" to (1) All aboveground tanks used for the outside
celebrate and congratulate the Razorback Baseball storage of flammable and Class 11 combustible
Team at its last home game of the year in or near liquids in quantities in excess of 200 gallons
Baum Baseball Stadium. Said fireworks display shall comply with the following:
shall comply with all applicable regulations and
laws of the State of Arkansas . (a) Such tanks shall be fire resistant tanks as
defined in NFPA 30A and shall comply
(G) It shall be lawful for First Night Fayetteville to with all the requirements for fire resistant
conduct an annual public fireworks' display to tanks in NFPA 30A in addition to any
celebrate New Year's if approved by the applicable requirements specified herein,
Fayetteville Fire Marshall and if in full-compliance or
with all applicable regulations and laws-of the State
of Arkansas. (b) Such tanks shall be installed.in vaults that
meet all the applicable requirements of
(Code 1965,§9-9.1;Ord.No.1705,10-6-69:Ord.No.1807,8- NFPA 30A.
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- (2) The fire official may impose" additional
CD94:4
RECEIVE
JUN 2 4 2010
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
NORTHWEST ARKANSAS
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Fayetteville —Ordinance 5329
June 10, 2010
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Subscribed and sworn to before me
This PSday of , 2010.
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M Commission Ex iNotary Public-Arkansas
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