HomeMy WebLinkAbout2016-05-02 ORDINANCE NO. Q 14- -oa?
AN ORDINANCE ALLOWING THE SALE OF FIREWORKS WITHIN THE CITY
LIMITS OF BATESVILLE,ARKANSAS.
WHEREAS,the personal display of fireworks on and prior to Independence Day is an
annual American tradition;
WHEREAS,the City of Batesville wishes to support and encourage displays of
patriotism;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Batesville, Arkansas:
Section 1: Use of Fireworks
(A)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 to apply for The City of Batesville public fireworks display
permit.
(2) Public fireworks display permits may be issued for the hours sof 10:00 a.m. through 11:00
p.m. on July 1st, 2nd, 3rd, 4t'and 5th.
(3) Public fireworks display permits may be issued as a part of any special event permit issued
by the City.
(B)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.
(C)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 any nuisance fires so designated
by the fire chief or mayor.
(D)The issuance of permits for the public display of fireworks is subject to all state, federal, and
municipal law, as well as the health, safety, and peace of the citizens of Batesville,Arkansas.
Section 2: Sale of Fireworks
(A) No person shall sell or distribute any firecrackers, sky rockets, bottle rockets,
sparklers, roman candles, or any other explosive used for amusement purposes, or
any other device or composition used to obtain visible or audible pyrotechnic
display, all commonly known as fireworks, except as specifically set out herein.
(B) Fireworks which are not prohibited under state or federal law and which are
considered consumer fireworks as defined under federal law and regulations (27
C.F.R. § 555.11) may be sold between June 20th and July 10th of each year, and
December 10'through January 5th, subject to the provisions set out herein. Any
person desiring to sell fireworks must obtain a permit. T'he fee for each permit shall
be $500.00 per location. One-half of the permit fee ($250.00) shall be placed in a
revenue account of the Batesville Fire Department to cover the cost of fire
inspections of locations where fireworks are sold. Before a permit to sell fireworks
is issued, the person applying for the permit must show proof that such location
will be insured by a licensed insurance company for $1,000,000.00 premises
liability. A vendor must contact the Batesville Fire Department and arrange for an
inspection to ensure compliance with this Code and any other applicable fire code
requirements, prior to the sale of fireworks. That the Batesville Fire Department is
hereby authorized to issue said permits and establish the standards for issuance of
said permits based on local, state, and federal laws.
(C) No fireworks shall be sold or stored within a permanent structure attached to or
inside of a residence. Further more no fireworks stand shall be located at any place
other than one in full compliance will all provisions of law. Said structures and
locations shall be subject to inspections by the Batesville Fire Department.
(D) Fireworks stands shall not be located within 250 feet of a fuel dispensing
facility and must be set back at least 50 feet from the nearest portion of the street or
highway.
(E) Fireworks shall not be sold to a person less than sixteen (16) years of age.
Section 3: Penalty
(A) Whoever violates any provision of this chapter for which no specific penalty is
otherwise provided shall be punished by a fine of not more than $50.00 or double
that sum for each repetition of such offense, or violation; provided, no penalty shall
be greater or less than the penalty provided for the same or a similar offense under
the laws of the state. If the violation of this chapter is, in its nature, continuous in
respect to time, the penalty for allowing the continuation thereof shall not exceed
$250.00 for each day that the same is unlawfully continued.
Section 4: Repeal
That any ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict if any.
Section 5: EMERGENCY CLAUSE:
It is hereby found by the City Council that there is an urgent need to retain
revenues for the City, which this Ordinance, if passed with an emergency clause
would do, therefore, an emergency is declared to exist, and this ordinance being
necessary for the preservation and advancement of public peace, health, finances
and safety, shall be in full force and effect from and after the date of its approval.
PASSED AND APPROVED this May, 2016.
Honorabl umaugh, Mayor
Denise M. Johnston, eity Clerk