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HomeMy WebLinkAboutORDINANCE 5860113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5860 File Number: 2016-0110 AMEND § 97.082 (B), § 94.05 (D) AND TO ENACT A NEW § 94.05 (G): AN ORDINANCE TO AMEND § 97.082 (B), § 94.05 (D) AND TO ENACT A NEW § 94.05 (G) OF THE FAYETTEVILLE CODE TO AUTHORIZE THE MAYOR TO ISSUE A PUBLIC FIREWORKS DISPLAY PERMIT FOR AN ANNUAL DISPLAY BY THE BOTANICAL GARDEN OF THE OZARKS AT LAKE FAYETTEVILLE WHEREAS, § 97.082 (B) incorrectly refers to § 94.04 instead of correctly to § 94.05; and WHEREAS, § 94.05 should be amended to authorize the Mayor to issue a public fireworks display permit normally issued as part of the special events permit process for the Botanical Garden of the Ozarks fireworks display no more than once a year. 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 corrects and amends § 97.082 Fires, Fireworks and Explosives (B) by changing the cited code section from "§ 94.04" to "§ 94.05 (G)." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 94.05 Use of Fireworks by enacting a new (G) as shown below: "(G) It shall be lawful for the Botanical Garden Society of the Ozarks to conduct an annual public fireworks display if approved by the Mayor and Fire Chief and in accordance with (B) (1) and (3), (C) and (D)." Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 94.05 (D) to correct the referenced code section within this subsection from § 94.04 (E) to (E). Page 1 Printed on 3116116 File Number: 2016-0110 Ordinance: 5860 PASSED and APPROVED on 3/15/2016 Page 2 Attest: Sondra E. Smith, City Clerk00, At lt't3lfltrfer Printed on 3116116 City of Fayetteville, Arkansas 113 West Mountain Street A Fayetteville, AR 72701 (479) 575-8323 ! Text File —� File Number: 2016-0110 Agenda Date: 3/15/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: D. 4 AMEND § 97.082 (B), § 94.05 (D) AND TO ENACT A NEW § 94.05 (G): AN ORDINANCE TO AMEND § 97.082 (B), § 94.05 (D) AND TO ENACT A NEW § 94.05 (G) OF THE FAYETTEVILLE CODE TO AUTHORIZE THE MAYOR TO ISSUE A PUBLIC FIREWORKS DISPLAY PERMIT FOR AN ANNUAL DISPLAY BY THE BOTANICAL GARDEN OF THE OZARKS AT LAKE FAYETTEVILLE WHEREAS, § 97.082 (B) incorrectly refers to § 94.04 instead of correctly to § 94.05; and WHEREAS, § 94.05 should be amended to authorize the Mayor to issue a public fireworks display permit normally issued as part of the special events permit process for the Botanical Garden of the Ozarks fireworks display no more than once a year. 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 corrects and amends § 97.082 Fires, Fireworks and Explosives (B) by changing the cited code section from "§ 94.04" to "§ 94.05 (G)." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 94.05 Use of Fireworks by enacting a new (G) as shown below: "(G) It shall be lawful for the Botanical Garden Society of the Ozarks to conduct an annual public fireworks display if approved by the Mayor and Fire Chief and in accordance with (B) (1) and (3), (C) and (D)." Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 94.05 (D) to correct the referenced code section within this subsection from § 94.04 (E) to (E). City of Fayetteville, Arkansas Page 1 Printed on 311612016 Legistar ID No.: AGENDA REQUEST FORM FOR: Council Meeting of March 15, 2016 FROM: City Council Member Justin Tenant ORDINANCE OR RESOLUTION TITLE AND SUBJECT: 2016-0110 AN ORDINANCE TO AMEND § 97.082 (B) AND TO ENACT A NEW § 94.05 (G) OF THE FAYETTEVILLE CODE TO AUTHORIZE THE MAYOR TO ISSUE A PUBLIC FIREWORKS DISPLAY PERMIT FOR AN ANNUAL DISPLAY BY THE BOTANICAL GARDEN OF THE OZARKS AT LAKE FAYETTEVILLE APPROVED FOR AGENDA: City C uiil Member Justin Tenant Date City Attorney Kit Williams Date (as to form) DEPARTMENTAL CORRESPONDENCE OFFICE OF "THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Chief Dayringer Connie Edmonston, Parks & Recreation Director FROM: Kit Williams, City Attorney 0� DATE: February-23, 2016 Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal RE: Fayetteville Code corrections {§ 97.082 (B) and § 94.05 (D)} and permitting a public fireworks display by the Botanical Garden Society of the Ozarks Alderman Justin Tenant asked me to draft an ordinance to allow the Botanical Garden Society of the Ozarks to conduct a public fireworks display this year. Reviewing the Fayetteville Code sections relevant to this change, I noted that both § 97.082 (B) and § 94.05 (D) refer mistakenly to § 94.04 rather than § 94.05 Use of Fireworks. As part of this ordinance to grant permission (through the Mayor and Fire Chief) for the'Botanical Garden to conduct a public fireworks display, I also corrected those two mistaken code references. As I drafted this proposed ordinance, I did NOT limit this possible public fireworks display to July 1st - 4th. Rather the permission is similar to that given the U of A to set off an annual public fireworks display not at a definite date, but at the end of the Razorbacks' last regular season home game. The City Council is free to remove this leeway, specify the date when a public fireworks display would be allowed or even turn down this request. This proposed change would not authorize private citizens to set off fireworks in the park at any time. It simply would authorize a professional with a valid state fireworks permit to request the Mayor and Fire Chief to okay a public fireworks display permit for the Botanical Gardens. FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS 97.081 Intoxicating Beverages (a) No person in a park shall bring into or consume alcoholic beverages within a city park, nor shall any person enter a park when under the influence of intoxicating beverages. (b) Notwithstanding the above prohibition, the Botanical Garden Society of the Ozarks may allow alcoholic beverages to be served on the premises they have leased within the Lake Fayetteville park area for fundraisers, wedding receptions and other special events as long as they fully comply with all Alcohol Beverage Control requirements. (Code 1965, §17A-23; Ord. No. 1594, 4-1-68; Code 1991. §97 081; Ord. No. 4865, 05-16-06) Cross reference(s)--Penalty, §97 999 97.082 Fires; Fireworks And Explosives (A) No person in a park shall build or attempt to build a -fire except in fireplaces or facilities so designed for such use, nor leave any fire unattended. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes, or cigars, tobacco papers or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto. (B) No person in a park shall bring in, explode or cause to be exploded, discharge or burn any firecrackers, torpedoes, skyrockets, roman candles or other fireworks, explosives or inflammable materials without having first obtained prior written consent pursuant to the requirements of §9 p 04, (Code 1965, §§17A-24, 17A-26; Ord No 1594. 4-1-68: Code 1991. §97 082) Cross reference(s)--Penalty, §97.999, Sale and use of Fireworks, §94 04(B) 97.083 Soliciting Alms No person in a park shall solicit alms or contributions for any purpose, whether public or private. (Code 1965. §17A-25; Ord No 1594, 4-1-68; Code 1991, §97 083) Cross reference(s)--Penally, §97.999. 97.084 Entering Closed Areas No person in a park shall enter an area posted as "Closed to the Public", nor shall any person use, CD97:9 or abet the use of, any area in violation of posted notices. (Code 1965, §17A-27; Ord No 1594, 4-1-68; Code 1991, §97,084) Cross reference(s)--Penally, §97.999 97.085 Going Onto Ice No person in a park shall go onto the ice on any of the waters except such areas as are designated as skating fields, and provided a safety signal is displayed. (Code 1965, §17A-28; Ord_ No 1594, 4-1-68; Code 1991, §97.085) Cross reference(s)--Penalty, §97.999 97.086 Vending And Peddling (A) General prohibition of selling or offering to sell items in city parks. No person or business shall, within a city park, display, offer for sale, or sell any article, thing or service, nor place any stand, cart or vehicle for the display, sale or transportation of any such article. (B) Exemptions The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). Nonprofit organizations which have obtained a special events permit may sell nonalcoholic beverages and food during an annual event. Gulley Park Concert sponsors may sell food and nonalcoholic beverages during the concerts when specifically permitted by the Parks and Recreation Department Director The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit A. FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS it immediately, and if such person shall refuse, neglect or fail to do so, any organized fire suppression force (3) Public fireworks display permits may be may summarily abate the nuisance thus constituted by issued as a part of any special event permit controlling or extinguishing the fire, and the cost thereof issued by the City. may be recovered from such person by civil action. (Code 1965, ' 9-13; Ord No 1379. 12-9-63; Code 1991, (C) The fire chief or mayor shall be authorized to §94.03) declare an emergency g y and prohibit all use of Cross ref aran ce(s)--Penalty, ' 94 99. fireworks upon a determination that such use would create a fire hazard due to dry conditions. 94.05 Use Of Fireworks (A) Consumer fireworks. Fireworks which are not prohibited understate 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 p.m. on July 151, 2nd and 3rd and from 10:00 a.m. until 11:00 p.m. on July 41h 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. (4) If the Mayor has issued a Burn Ban Order such that no citizen can legally discharge consumer fireworks during the entire July 15' through July 41h normally permitted period, then the citizens may discharge their consumer fireworks from 10:00 a.m. until 11:00 p.m. on Labor Day, (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: (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 V' 2r0 3`d, and 4"' C D94:4 (D) 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 to ' 94.04(E). (E) It shall also be lawful for the University of Arkansas to conduct the annual FFireworks Night@ to celebrate and congratulate the Razorback Baseball 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. (F) It shall be lawful for Creative Economy Action Group, Inc. d/b/a Last 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- 19-99, Ord. No 4308. 4-17-01; Code 1991, §94 04; Ord 6096, 12-27-07:Ord. 5320, 5-16.10; Ord. 5329, 6-1-10; Ord. 5463, 12-6-11; Ord 5509, 7-3-12) Cross references) --Penalty, ' 94 99 State law reference(s)--Public displays excepted, A C.A ' 20-22-702; Power of municipalities unaffected, A.C.A ' 20-22- 704; Violation of subchapter, A.C.A ' 20-22-705; Possession, sale and use unlawful -Exceptions, A C A ' 20-22-708 94.06 Reserved (Ord, 5653, 1-21-14) 94.07 Exterior Labeling Of Emergency Exit Doors (A) When a door in a building accessible to the general public is required by the State of Arkansas Fire Prevention Code to be designated and maintained as an emergency exit door, the fire inspector may order the owner and/or lessee of the building to label the exterior of said door if the fire inspector determines that such labeling is necessary to NoRTHWESTARKANsAs Demomt Vtllaze& "r.t;). t. x 1r07, rAY "TEVILLE, AR, 72702 . 479-442 i,00 • FAX: 479-695-1118 , ltv'WN .N\tvADG.i:O�' AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. No. 5860 Was inserted in the Regular Edition on: March 24, 2016 Publication Charges $ 105.30 ow" kz' Cathy Wiles Subscribed and sworn to before me This 26day of00., 2016. Nota. Public My Commission Expires: 10111A1*7% % i 1 1 1 j r,, P:J-9) iC �.�4'1 401379e. ct� **NOTE** sr /�Ps 10i'Za `%'coo Please do not pay from Affidavit. Invoice will be sent. Ordinance:5860 File Number: 2016-0110 AMEND § 97.082 (B), § 94.05 (D) AND TO ENACT A NEW § 94.05 (G): AN ORDINANCE TO AMEND § 97.082 (B), § 94.05 (D) AND TO ENACT A NEW § 94.05 (G) OF THE FAYETTEVILLE CODE TO AUTHORIZE THE MAYOR TO ISSUE A PUBLIC FIREWORKS DISPLAY PERMIT FOR AN ANNUAL DISPLAY BY THE BOTANICAL GARDEN OF THE OZARKS AT LAKE FAYETTEVILLE WHEREAS, § 97.082 (B) incorrectly refers to § 94.04 instead of correctly to § 94.05; and WHEREAS, § 94.05 should be amended to authorize the Mayor to issue a public fireworks display permit normally issued as part of the special events permit process for the Botanical Garden of the Ozarks fireworks display no more than once a year. 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 corrects and amends § 97.082 Fires, Fireworks and Explosives (B) by changing the cited code section from "§ 94.04" to "§ 94.05 (G)." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 94.05 Use of Fireworks by enacting a new (G) as shown below: "(G) It shall be lawful for the Botanical Garden Society of the Ozarks to conduct an annual public fireworks display if approved by the Mayor and Fire Chief and in accordance with (B) (1) and (3), (C) and (D) Section 3. That the City Council of the City of Fayetteville, Arkansas hereby amends § 94.05 (D) to correct the referenced code section within this subsection from § 94.04 (E) to (E). PASSED and APPROVED on 3/15/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 73626456 March 24, 2016