Ordinance 2022-04 "Fireworks"

ORDINANCE NO. 2022-04

AN ORDINANCE AMENDING ORDINANCE NO. 98-04 PROHIBITING THE USE OF FIREWORKS WITHIN THE CITY OF GASSVILLE, ARKANSAS, EXCEPT DURING A DESIGNATED PERIOD OF TIME EACH YEAR, DEFINING DISPLAYS REQUIRING A PERMIT, PROVIDING A PENALTY FOR VIOLATIONS AND OTHER PURPOSES.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GASSVIELLE, ARKANSAS THAT: 

SECTION 1. DEFINITIONS: 

Displays by Invitation: A resident or property owner who invites via social media or other avenues, for a fireworks display on their property. 
State Highway Buffer Zones: A designated area near state highways where no fireworks are to be discharged. 

City Streets/Right of Ways: All streets and right of ways that are maintained by the City of Gassville. 

City Property: Any parcel of property that is owned by the City of Gassville.

Burn Ban: A ban issued by the city prohibiting all outdoor burning due to dry conditions. 
SECTION 2. TIME/DATE: Except during the period of June 29 through July 5, of each year, between the hours of 10:00 A.M. and 10:00 P.M., except on July 3 and 4 until 12:00 midnight, it shall be unlawful for any person, firm or corporation to shoot, explode, discharge, fire, or set off any type of fireworks within the corporate limits of the City of Gassville, Arkansas. It shall also be unlawful to sell or manufacture any type of fireworks or operate an establishment of any kind for the purpose of selling or manufacturing fireworks within the city limits of the City of Gassville, Arkansas. 

SECTION 3. DISPLAYS/PERMIT PROCESS: Fireworks may only be used on your own property unless written permission is obtained from the property owner on whose property the fireworks are being used. If a display is done for purposes of inviting the general public via social media or other means a permit shall be required. Applications for a Fireworks Permit must be made in writing at the Gassville City Council no later than the JUNE regular meeting date. The Fireworks Permit shall name the person, firm, or corporation responsible who shall cleanup trash including part or parts of fireworks that fall or falls on any property other than their own and set the place, date, time and purpose for the use of fireworks. If the Gassville City Council approves the request for a Fireworks Permit it will be issued at Gassville City Hall during normal business hours from 8:00 a.m. to 4:30 p.m. Monday-Friday, except holidays. 

SECTION 4. CITY STREETS/RIGHT OF WAYS: No person, firm or corporation shall cause to shoot, explode, discharge, fire or set off fireworks on any city streets, sidewalks, or right of ways maintained by the City of Gassville. 

SECTION 5. CITY PROPERTY: No person, firm or corporation shall cause to shoot, explode, discharge, fire or set off fireworks on any property owned by the City of Gassville. 

SECTION 6. STATE HIGHWAY BUFFER ZONES: No Person, firm or corporation shall cause to shoot, explode, discharge, fire or set off fireworks within 150 ft. (one-hundred fifty feet) of any state highway in the City of Gassville. 

SECTION 7. BURN BAN: No person, firm, or corporation shall cause to shoot, explode, discharge, fire or set off fireworks should a burn ban be issued during the time period stated in section 1 of this ordinance.

SECTION 8. PENALTY. Any person, firm, or corporation found in violation of any provisions of this ordinance in the District Court (Gassville Division), shall be deemed guilty of a misdemeanor and shall be fined a sum of not less than one-hundred dollars ($100) nor more than five-hundred dollars ($500) for each and every violation.

SECTION 9. REPEAL: Any ordinance or parts of ordinances in conflict herewith of this ordinance, are hereby repealed.  

ADOPTED THIS 24th, DAY OF October 2022.

APPROVED:
JEFF BRAIM, MAYOR

ATTEST: 
JEFF LEWIS, RECORDER/TREASURER