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Home My WebLink AboutORDINANCE 5997113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5997 File Number: 2017-0558 AMEND § 94.05 USE OF FIREWORKS: AN ORDINANCE TO AMEND § 94.05 USE OF FIREWORKS TO ALLOW THE BOTANICAL GARDEN OF THE OZARKS TO CONDUCT A SMALL FIREWORKS DISPLAY TO CELEBRATE ITS 10TH BIRTHDAY PARTY WHEREAS, the Botanical Garden of the Ozarks is one of Fayetteville's crown jewels and has made substantial improvements and progress during the last decade; and WHEREAS, the Botanical Garden of the Ozarks wishes to honor "those who made it happen and are making it happen with a celebration on October 8, 2017 at the Botanical Garden". 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 (G) by adding the following: "The Botanical Garden Society of the Ozarks may also legally conduct a public fireworks display to celebrate its 10th Birthday Party on or about October 8, 2017 if approved by the Mayor and Fire Chief and in accordance with (13)(1) and (3) and (D)." PASSED and APPROVED on 10/3/2017 Page 1 Printed on 1014117 Ordinance: 5997 File Number.' 2017-0558 Annroved: Attest: Sondra E. Smith, City C `%Vt��Ao `( OA- C-) C-) ° ®FAY�TTE :�v C'D °� e ®®®'°°'IV sd0N° Page 2 Printed on 1014117 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 ® (479) 575-8323 Text File File Number: 2017-0558 Agenda Date: 10/3/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 1 AMEND § 94.05 USE OF FIREWORKS: AN ORDINANCE TO AMEND § 94.05 USE OF FIREWORKS TO ALLOW THE BOTANICAL GARDEN OF THE OZARKS TO CONDUCT A SMALL FIREWORKS DISPLAY TO CELEBRATE ITS 10TH BIRTHDAY PARTY WHEREAS, the Botanical Garden of the Ozarks is one of Fayetteville's crown jewels and has made substantial improvements and progress during the last decade; and WHEREAS, the Botanical Garden of the Ozarks wishes to honor "those who made it happen and are making it happen with a celebration on October 8, 2017 at the Botanical Garden". 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 (G) by adding the following: "The Botanical Garden Society of the Ozarks may also legally conduct a public fireworks display to celebrate its 10th Birthday Party on or about October 8, 2017 if approved by the Mayor and Fire Chief and in accordance with (B)(1) and (3) and (D)." City of Fayetteville, Arkansas Page 1 Printed on 101412017 TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Connie Edmonston, Parks & Recreation Direct FROM: Kit Williams, City Attorney DATE: September 25, 2017 Kit Williams City Attorney Blake Pennington Assistant City Attorney Rhonda Lynch Paralegal RE: Fireworks Permit for Botanical Garden of the Ozarks' 10th Birthday Party Celebration Mayor Jordan requested that I draft an amendment to § 94.05 Use of Fireworks to allow the Botanical Garden Society of the Ozarks to present a small fireworks display on October 8, 2017 to celebrate its 10th Birthday Party. I have drafted an ordinance to do just that and submit it to the City Council for your consideration. YOU ARE INVITED TO THE It qe�� A JOTH BIRTHDAY PARTY HONORING THOSE WHO MADE IT HAPPEN AND ARE MAKING IT HAPPEN! SUNDAY, OCTOBER 8, 201 7 5:00 P.M. — 6:30 P.M. LIGI 17' REFRES], (M L�NTs WILL BE SERVED RSVP By OCTOBER 2'DTO SFOLE:Y@BGOZARK5,ORI, OR 479-750-2620 94.03 FAYETTEVILLE CODE OF ORDINANCES TITLE IX GENERAL REGULATIONS (2) Allowing fire to escape from the control of the person building or having charge of the fire, or to spread to the lands of any person other than the builder of the fire. (3) Burning any brush, stumps, logs, rubbish, fallen timber, grass, stubble, scrap materials, junk or debris of any sort, whether on one's own land or that of another, without taking necessary precaution both before lighting the fire and at all times thereafter to prevent the escape thereof. The escape of such fire to adjoining timber, brush, or grass lands shall be prima facie evidence that necessary precautions were not taken. (4) Building a camp fire upon another person's land without express permission of the owner. If permission is granted by the owner, a person building a campfire must clear the ground immediately around it free from material which will carry fire, and must continuously tend the campfire to prevent it from spreading. (5) Throwing away alighted cigar, match or cigarette, or, by the use of firearms or in any other manner, starting a fire in forest material not one's own and leaving the same unextin- guished. (6) Defacing or destroying fire warning notices. (B) . When one of the above described offenses is committed by an agent or employee, with the consent or by the command of the employer or principal, such employer or principal shall be liable in the same manner and to the same extent as if the act had been committed by himself. (C) Persons starting or being responsible for fires that occasion damage to any other person shall make satisfaction in double damage to the party injured. The conviction for a violation of subsections (A) and (B) of this section shall be prima facie evidence of responsibility in civil action to recover damages or.suppression costs. (Code 1965, §§9-10, 9-14; Ord. No. 1379, 12-9-63; Code 1991, §94.02) 94.04 Fire On Forest Lands, Grass Lands, Etc. Any fire on any forest lands, cut -over, brush lands or grass lands burning uncontrolled is declared a public nuisance by reason of its menace to life or property. Any person responsible for either the starting or the existence of such fire is required to control or extinguish it immediately, and if such person shall refuse, neglect or fail to do so, any organized fire suppression force may summarily abate the nuisance thus constituted by controlling or extinguishing the fire, and the cost thereof may be recovered from such person by civil action. (Code 1965, §9-13; Ord. No. 1379, 12-9-63; Code 1991, §94.03) 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 1 st, 2nd, and 3rd and from 10:00 a.m. until 11:00 p.m. on July 4th and at no other time or date. FAYETTEVILLE CODE OF ORDINANCES TITLE 1X GENERAL REGULATIONS 94.05 (2) If any person less than the age of sixteen (16) years is present, an adult (at least twenty-one (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 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. (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 1 st, 2nd, 3rd, and 4th. (3) Public fireworks display permits may be issued as a part of any special event permit issued by the city. (C) The Fire Chief or Mayor shall be authorized to declare an emergency and prohibit all use of fireworks upon a determination that such use would create a fire hazard due to dry conditions. (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 subsection (E). (E) It shall also be lawful for the University of Arkansas to conduct the annual "Fireworks 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. (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). (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. No. 5096, 12-27-07; Ord. No. 5320, 5-18-10; Ord. No. 5329, 6-1-10; Ord. No. 5463, 12-6-11; Ord. No. 5509, 7-3-12; Ord. No. 5860, §§2, 3, 3-15-16) Supp. No, 1 CD94:3 AFFIDAVIT OF PUBLICATION I Karen Caler, 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. 5997 Was inserted in the Regular Edition on: October 12, 2017 Publication Charges: $ 78.00 M. MINIM __ =4-01 �J Subscribed and sworn to before me This \Jday ofoC+ , 2017. W� Notary Public My Commission Expires: Z �t CATHY WILES Arkansas - Benton County (} Notary Public - Comm* 12397116 % My Commission Expires Feb 20, 2024 o **NOTE** Please do not pay from Affidavit. Invoice will be sent. OCT 2 0 2017 CITY OF FAYETTEVILLE CITY CLERICS OFFICE Ordinance: 5997 File Number: 2017-0558 AMEND § 94.05 USE OF FIREWORKS: AN ORDINANCE TO AMEND § 94.05 USE OF FIREWORKS TO ALLOW THE BOTANICAL GARDEN OF THE OZARKS TO CONDUCT A SMALL FIREWORKS DISPLAY TO CELEBRATE ITS 10TH BIRTHDAY PARTY WHEREAS, the Botanical Garden of the Ozarks is one of Fayetteville's crown jewels and has made substantial improvements and progress during the last decade; and WHEREAS, the Botanical Garden of the Ozarks wishes to honor "those who made it happen and are making it happen with a celebration on October 8, 2017 at the Botanical Garden". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I. That the City Council of the City of Fayetteville, Arkansas hereby amends § 94.05 (G) by adding the following: "The Botanical Garden Society of the Ozarks may also legally conduct a public fireworks display to celebrate its 10th Birthday Party on or about October 8, 2017 if approved by the Mayor and Fire Chief and in accordance with (13)(1) and (3) and (D) PASSED and APPROVED on 10/3/2017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74302820 Oct. 12, 2017