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Home My WebLink AboutOrdinance 5463 ORDINANCE NO. 5463 AN ORDINANCE TO AMEND §94.05 USE OF FIREWORKS OF THE FAYETTEVILLE CODE BY AMENDING (F) TO REPLACE "FIRST NIGHT FAYETTEVILLE" WITH "CREATIVE ECONOMY ACTION GROUP, INC. D/B/A LAST NIGHT FAYETTEVILLE" WHEREAS, First Night Fayetteville has for years been permitted to conduct an annual fireworks display in Fayetteville on December 31 st; and WHEREAS, "Creative Economy Action Group, Inc. d/b/a Last Night Fayetteville" has now replaced First Night Fayetteville and seeks to continue this traditional New Years fireworks display celebration. NOW, THEREFORE 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 of the Fayetteville Code by amending (F) to change the name of the organization permitted to conduct the annual New Years Eve public fireworks display from "First Night Fayetteville" to "Creative Economy Action Group, Inc. d/b/a Last Night Fayetteville." PASSED and APPROVED this 6d'day of December, 2011. APPROVED: ATTEST: By L NELD J AN, Mayor LISA BRANSON, Deputy City Clerk >a®a`avtenrr000y'o� ooG��RaVTR�s,,' ®V ® �a ® o -FAYETTEVILLE a 0 %psy'9�'AANSQ.OJ�e'` N ®® �" df.'dEdd,nSaAB '. AGENDA REQUEST FOR: COUNCIL MEETING OF DECEMBER 6, 2011 FROM: MATTHEW PETTY, ALDERMAN MAYOR JORDAN ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §94.05 Use Of Fireworks Of The Fayetteville Code By Amending (F) To Replace"First Night" With"Last Night" APPROVED FOR AGENDA: Matthew PettyDate Alderman 1�j U Zai - City Attorney Date (as to fo ) yor Dafe 11/29%2011) Kit Williams- Lastht Ni Fayetteville Seite 1 9 Y From: Matthew Petty - Fayetteville Ward 2 <citycouncil@matthewpetty.org> To: Kit Williams<kwilliams@ci.fayetteville.ar.us> Date: 11/29/2011 11:45 AM Subject: Last Night Fayetteville Hi Kit- I got this message from the organizer for the New Year's celebration on the square. If she needs help, I'll sponsor the ordinance change. Her message is below; can you advise? Hi Matt! really need your help with a city matter...Last Night Fayetteville was awarded $$from the Fayetteville A&P to have a fireworks show from the Town Center. There's a problem with the ordinance, however-it lists First Night Fayetteville as the exclusive organization to do the show, and we need to change that to CEAG. I spoke with Mark Stevens, assistant fire marshal, who said we have to have an alderman petition Kit Williams to have this ordinance changed. We need to move on this ASAP-is this something you can help us out on??? It's ordinance#94.05, section F. Please let me know! THANKS! Lauren -M • Taye evl e Departmental Correspondence ARKANSAS LEGAL www.accessfavetteville.orgDEPARTMENT Kit Williams City Attorney TO: Mayor Jordan Jason B.Kelley City Council Assistant City Attorney CC: David Dayringer, Fire Chief Don Marr, Chief of Staff Sondra Smith, City Clerk FROM: Kit Williams, City Attorney(fk `' L-4-- DATE: November 30, 2011 RE: Ordinance to change group allowed to conduct public display of fireworks on New Years Eve goes into effect when passed Prior to Act 1552 of 2005 approved on April 5, 2005 (and effective immediately because of its emergency clause) all ordinances would not go into effect until at least 30 days after passage unless they contained an emergency clause. Act 1552 did not change this effective date "for ordinances of a general or permanent nature ...." A.C.A. §14-55-203 (c)(1)(A). The Act did change the "effective date of an ordinance that is not of a general or permanent nature... (to) the date of passage ...." A.C.A. §14-55-203 (c)(2). Changing only the designated group that will be allowed to conduct a fireworks display on New Years Eve is certainly of a specific rather than a general nature. This ordinance only affects a single group's ability to conduct a public fireworks display on a single day of the year. It does not affect nor is it applicable to the public at large nor to any time except New Years Eve. Thus, I believe that it is fair to give this ordinance immediate effect so that a fireworks permit may be issued by the Fire Marshall if Creative Economy Action Group, Inc. d/b/a Last Night Fayetteville complies with the remaining unchanged parts of the City Code. The ordinances waiving competitive bidding and awarding contracts for the Fayetteville Senior Center and the Fayetteville Boys and Girls Club would be effective immediately upon passage for the same reason. I did amend the code amendment to designate the nonprofit corporation, Creative Economy Action Group, Inc. d/b/a Last Night Fayetteville, rather than just Last Night Fayetteville. Attached is the amended version. Please amend the ordinance before I read it during the meeting so it will be absolutely clear which group is being authorized to apply for a public display of fireworks permit. ORDINANCE NO. AN ORDINANCE TO AMEND §94.05 USE OF FIREWORKS OF THE FAYETTEVILLE CODE BY AMENDING (F) TO REPLACE "FIRST NIGHT FAYETTEVILLE" WITH "CREATIVE ECONOMY ACTION GROUP, INC. D/B/A LAST NIGHT FAYETTEVILLE" WHEREAS, First Night Fayetteville has for years been permitted to conduct an annual fireworks display in Fayetteville on December 31 st; and WHEREAS, "Creative Economy Action Group, Inc. d/b/a Last Night Fayetteville" has now replaced First Night Fayetteville and seeks to continue this traditional New Years fireworks display celebration. NOW, THEREFORE 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 Use of Fireworks of the Fayetteville Code by amending (F) to change the name of the organization permitted to conduct the annual New Years Eve public fireworks display from "First Night Fayetteville" to "Creative Economy Action Group, Inc. d/b/a Last Night Fayetteville." PASSED and APPROVED this 6th day of December, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer c6p FAYETTEVILLE CODE OF ORDINANCES O TITLE IX GENERAL REGULATIONS it immediately,and if such person shall refuse, neglect or fail to do so, any organized fire suppression force (D) The fire chief or mayor shall be authorized to may summarily abate the nuisance thus constituted by approve an alternate date for any lawful public controlling or extinguishing the fire,and the cost thereof display which is canceled due to adverse weather may be recovered from such person by civil action. conditions or pursuant to§94.04(E). (Code 1965, §9-13; Ord. No. 1379, 12-9-63; Code 1991, §94.03) (E) It shall also be lawful for the University of Arkansas Cross reference(s)--Penalty,§94.99. to conduct the annual "Fireworks Night" to celebrate and congratulate the Razorback )to 94.05 Use Of Fireworks Team at its last home game of the year in Baum Baseball Stadium. Said fireworks shall comply with all applicable regulatio (A) Consumer fireworks. Fireworks which are not laws of the State of Arkansas. prohibited understate or federal law and which are considered consumer fireworks as defined by (F) It shall be lawful fo Fir i ht F ettfederal law and regulations may lawfully be conduct an annual pu is flrewores is discharged within Fayetteville only as prescribed celebrate New Year's if approved by" the below: Fayetteville Fire Marshall and if in full compliance with all applicable regulations and laws of the State (1) Fireworks may only be discharged upon of Arkansas. private property with the consent of the property owner and between the hours of (Code 1965,§9-9.1;Ord.No.1705,10-6-69;Ord.No.1807,8- 10:00 a.m.until 10:00 p.m.on July 151,2"d,and 2-71;Ord.No.2156,10-21-75;Ord.No.3359,6-7-88;Ord.No. 3`d and from 10:00 a.m. until 11:00 p.m. on 3553,6-18-91;Ord.No.3706,§1,6-1-93,Ord.No.4195,10- July 4th and at no other time or date. 19-99;Ord.No.4308,4-17-01;Code 1991,§94.04;Ord.5096, 12-27-07;Ord.5320,5-18-10;Ord.5329,6-1-10) (2) If any person less than the age of 16 years is present, an adult (at least 21 years of age) Cross references)--Penalty,§9x.99. must supervise the discharge of all fireworks. State law reference(s)--Public displays excepted,A.C.A. §20-22-702;Power of municipalities unaffected,A.C.A.§20-22- (3) No skyrockets or aerial fireworks attached to a 704;Violation of subchapter,A.C.A.§20-22-705;Possession, stick may be discharged. sale and use unlawful-Exceptions,A.C.A.§20-22-708. (B) Public display of fireworks. Public displays of 94.06 Flammable And Combustible fireworks may be allowed upon the application and Liquids; Liquefied Petroleum Gases granting of a public fireworks display permit by the Mayor or his designee subject to the following (A) Adoption of NFPA 30 and NFPA 30A. conditions: (1) An applicant must possess a valid state (1) The requirements contained in this section shall be applicable to all aboveground tanks fireworks permit and comply with all applicable used for the outside storage and dispensing of state and federal laws and regulations and flammable and Class II combustible liquids requirements of NFPA 1123 to apply for a within the city. Such installations shall comply Fayetteville public fireworks display permit. with the applicable requirements of National Fire Association Protection Standard (NFPA) (2) Public fireworks display permits may be issued 30-1993 and NFPA 30A-1993, except as for the dates allowed pursuant to subsections modified herein. Refineries that comply with (D), (E), and (F) below, and for the hours of NFPA 30 and the applicable sections of the 10:00 a.m.through 11:00 p.m.on July 1st,2 Standard Fire Prevention Code adopted by the 3`d, and 4 . city shall be exempt from this section. (3) Public fireworks display permits may be issued (B) Definitions. as a part of any special event permit issued by the City. (1) In addition to the definitions contained in NFPA (C) The fire chief or mayor shall be authorized to .30 and NFPA 30A,the following definition shall apply: declare an emergency and prohibit all 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 CD94:4 ORDINANCE NO. AN ORDINANCE TO AMEND §94.05 USE OF FIREWORKS OF THE FAYETTEVILLE CODE,BY AMENDING (F) TO REPLACE "FIRST NIGHT" WITH"LAST NIGHT" fiE WHEREAS, First Night Fayetteville has for years been permitted to conduct an annual fireworks display in Fayetteville on December 31 st; and' WHEREAS, "Last Night Fayetteville" ha�'now replaced First Night Fayetteville and seeks to continue this traditional New Years frew p'rks display celebration. \`, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: f Section 1: That the City Counci /of the City�of Fayetteville, Arkansas hereby amends §94.05 Use of Fireworks of the Fayetteville Code by amending (F) to change the name of the organization permitted to conduct the'annual New Years Eve public fireworks display from "First Night Fayetteville"to "Last Night Fayetteville." PASSED and APPROVED this 61"day of December, 2011. APPROVED: ` ATTEST: By: / By: LIONELD J AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NEWSPAa-DERLLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION RECEIVED I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the JAN 0 4 2012 Northwest Arkansas Newspapers, LLC, printed and published in CITY OF FAYETTEVILLE Washington and Benton County, Arkansas, bona fide circulation, CITY CLERK'S OFFICE that from my own personal knowledge and reference to the files of said publication, the advertisement of- City of Fayetteville Ordinance 5463 Was inserted in the Regular Editions on: AN'"ORDINORDINONAMEND December 15, 2011 FIREWORKS OF THE,,;FAYETTI,LLE CODE BY'AMENDING (F) TO REPLACE"FIRST NI HT _ 1 'FAYETTEVILLO WITH CREATIVE ECONOMYACTION -QR -INC D/B/A LAST-NIGHT FAYEfTEVJLLE" ARK9N,".s__ WHEREAS,4st,Night Fayettev111e has for`years been _ a pemjtted to conouctan anrival fireworks display in Fayetteville'on December 31st;'and, Publication Charges: � 58.36 WHEREAS Creative Economy Acton.�roup,Inc.;d/b/a Last-Night Fayetteville°has`now ropIsJoed First N ht Fayettev lie;and seeks to continue this traditional New Yeerslreworks -display celebr,416r NOW;TREREFQRE BE IT ORDAINED BY THE;CITY•COUNCIL OF;THE CITY OF FAYETTEVILLE ARKANSAS Section 1.That tie pit Council of the City of fayetteville Arkansas Jlerebyamends,§94;05 r Use of.Fireworks;of the Fayetteville Code by amending,(F)to change the name;of.the;o[ga Nation permitted to oon ative Economy nomy(New Years Eve public a Last,ks,display from First, NightrFayetteville"to Creatroe Economy Action Group Inc d/b/a Last Night Fayetteville,". PAS,$ED and APPROVED this 6th day of December,2011, APPROVED ATTEST:, Cath Wiles ey. By Cathy LIONELD JORRAN,Mayor LISA BRANSON Deputy City Clerk Subscribed and sworn to before me This /0 day of OkeMbkz!2011. a#gzg,��d Notary Public QJU My Commission Expires: -2&OIT CATHERINE 7AGGS Washington County °•j" "= My Commission Expires FebrUM 27,2015 **NOTE** Please do not pay from Affidavit. Invoice will be sent. -L