The URL can be used to link to this page

Home My WebLink AboutOrdinance 5509 ORDINANCE NO. 5509 AN ORDINANCE TO AMEND §94.05 USE OF FIREWORKS OF THE FAYETTEVILLE CODE TO ALLOW CONSUMER FIREWORKS TO BE DISCHARGED ON LABOR DAY IF A BURN BAN HAS PROHIBITED THE DISCHARGE OF ANY CONSUMER FIREWORKS DURING THE NORMAL JULY 1 sT, 2ND, 3RD,AND 4TH PERIOD WHEREAS, Washington County and the City of Fayetteville have had to issue Burn Ban Orders because the severe drought conditions have made discharging fireworks during July first through fourth, 2012 too dangerous; and WHEREAS, Fayetteville citizens should be able to enjoy the fireworks they purchased on Labor Day if it is safe to discharge them. 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 (A) Consumer fireworks by enacting a new subsection(4) as shown below: "(4) If the Mayor has issued a Burn Ban Order such that no citizen can legally discharge consumer fireworks during the entire July 1St through July 4th normally permitted period, then the citizens may discharge their consumer fireworks from 10:00 a.m. until 11:00 p.m. on Labor Day. PASSED and APPROVED this 3`d day of July, 2012. APPROVED: ATTEST: r �� ° ®ai9iYFBiiiVBpy6 By: By: LIO ELD J RD , Mayor SONDRA E. SMITH, City Clerk/Tre ,�{` ac)® 0 /o m FAYETTEVI LLE o ® Q pyC., AGENDA REQUEST FOR: COUNCIL MEETING OF JULY 3, 2012 FROM: LIONELD JORDAN, MAYOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §94.05 Use Of Fireworks Of The Fayetteville Code To Allow Consumer Fireworks To Be Discharged On The First Saturday After A Burn Ban That Has Prohibited The Discharge Of Any Consumer Fireworks During The Normal July 1St, 2nd, 3rd, And 4d' Period APPR VED FOR AGENDA: F ayor ate City Attorney Date (as to form) 07-02-1 2 X11 0:08 RCVD PASSED and APPROVED this 3`d day of July, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ORDINANCE NO. AN ORDINANCE TO AMEND §94.05 USE OF FIREWORKS OF THE FAYETTEVILLE CODE TO ALLOW CONSUMER FIREWORKS TO BE DISCHARGED ON LABOR DAY IF A BURN BAN HAS PROHIBITED THE DISCHARGE OF ANY CONSUMER FIREWORKS DURING THE NORMAL JULY 1sT, 2ND, 3', AND 4'PERIOD WHEREAS, Washington County and the City of Fayetteville have had to issue Burn Ban Orders because the severe drought conditions have made discharging fireworks during July first through fourth, 2012 too dangerous; and WHEREAS, Fayetteville citizens should be able to enjoy the fireworks they purchased on Labor Day if it is safe to discharge them. 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 (A) Consumer fireworks by enacting a new subsection(4) as shown below: "(4) If the Mayor has issued a Burn Ban Order such that no citizen can legally discharge consumer fireworks during the entire July 1St through July 4t"normally permitted period, then the citizens may discharge their consumer fireworks from 10:00 a.m. until 11:00 p.m. on Labor Day. PASSED and APPROVED this 3`a day of July, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ORDINANCE NO. AN ORDINANCE TO A END §94.05 USE O FIREWORKS OF THE FAYETTEVILLE CODE T ALLOW CONS ER FIREWORKS TO BE DISCHARGED ON THE FIR SATURDAY AFTER A BURN BAN THAT HAS PROHIBITED THE DISC RGE OF Y CONSUMER FIREWORKS DURING THE NORMAL JULY sT, 2ND RDS AND 4TH PERIOD AND TO ENACT AN EMERGENCY CLAD WHEREAS, Washington County an th City of Fayetteville have had to issue Burn Ban Orders because the severe drought con tions ave made discharging fireworks during July first through fourth, 2012 too dangerous; a,d WHEREAS, Fayetteville citiz s should be abl to enjoy the fireworks they purchased as soon as it is safe to discharge the NOW, THEREFORE B IT ORDAINED BY E CITY COUNCIL OF THE CITY OF FAYETTEVILLE, NSAS: Section 1: That the ity Council of the City of Fayette 'lle, Arkansas hereby amends 94.05 (A) Consumer firewor, by enacting a new subsection(4) as s own below: "(4) If the Mayor has issued a Burn Ban Order such that no citi n can legally discharge consumer fireworks dur' g the entire July 1"through July 4th normally p mitted period, then the citizens may dischg their consumer fireworks from 10:00 a.m. until :30 p.m. on the first Saturday after the;M7" / or has dissolved or lifted the Burn Ban Order. Section 2,- /Emergency Clause. In order to ensure theeace, hea h and safety of p Y Fayettevill/whe 'ens, this ordinance needs to go into effect immediately to en ure there is no confusion our citizens are permitted to discharge fireworks after the Burn an Order is lifted. Th , the City Council of the City of Fayetteville, Arkansas hereb finds these conditionstute an emergency situation and determines that to preserve the peace, health and safety, citizens, this Ordinance will go into immediate effect upon its approval. NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OFSPRINGDALE THE MORNING NEWS OF ROGERS NEWSPME16LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1479442-1700 ( WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION RECEIVED I, Karen Caler, do solemnly swear that I am the Legal Clerk of the J U L 2 6 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 5509 ORDINANCE N0.5509 Afd,ORDINANCE TO AMEND§94 05 USE OF Q • Was inserted In the Regular Editions On: FIREWORKS OF THE FAYEjT_1EV LLE OODE �� ,[ TO ALLOW CONSUMER FIREWORKS TO BE 11 VVV��111 July 12, 2012 DISCHARGED ON LABOR DAY IFA BURN BAN neKnNsns ' HAS-RROMIBITED THE DISCHARGEOF'ANY 'CONSUMER FIREWORKS`DURI4b THE NORMAL JULY 1ST 2ND,3RD,AND 4TH PE9D, ,_ WHEREAS;Washington County and the City of Fayetteville have had to issue Bum Publication Charges: 90.79 'Ben Orders because the sever@ droudht'condtions have m6de:disdhargir3g fire -Work's during July first.through:fourth,2012 too dangerous;and HEREAS,'Fayetteville c tizbhs,should be able to enjoy the.fi[eworks the chased on Labor Day rf it is safe to discharge them' Y Pur- ' W NOW;THEREFORE BE IT'ORDAINED BY THE CITY COUNCIL OF THE CITY t OF FAYETTE 11LLE AgItANSAS k Section 7 That the Crty Counbil of the City of Fayettev1Ile Arkansas hereby amends' n 94 05(A)Consumef,fireworks by enacting a neve sutsection.(4).as shown`:belNW Karen CaleT (4) If the,Mayor has issued a Bum Ban Ord er.such that noacftizen oan.tegally,di' C�arge.eonsumer fireworks during the entire,luly 1st -through July,,th.riormally pei m(ed Wod,then the citizen§,may,discharge their consumer firew0, s from 10:00. a m unto'11 00 p.P'on Labor;Day .Subscribed and sworn to before me � �'and APPROVED this 3rd day of July 2012 This day of , 2012. APPRD ATTEST � > L IOINELD RDAN Ma or y S y ONDRA E SMITH City Ierk[Treasurer,1 Notary Public) My Commission Expires: W2b/,x0I4 GATMY J.WILES gD1AHYBenton County * Poe My commission Expires February 20,2014 **NOTE* Please do not pay from Affidavit. Invoice will be sent.