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
