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|Related Area:||| Noise/Nuisance | | Public Safety ||
|Related Elkins Municipal Code (EMC):|
|Related Year:||2020 ||
Ordinance #: 06-18-2020A
AN ORDINANCE REGULATING THE USE OF FIREWORKS WITHIN THE CITY OF ELKINS, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PRESCRIBING OTHER MATTERS RELATED THERETO.
WHEREAS, the discharge of fireworks within the city limits of Elkins, Arkansas is regulated by both state law and local ordinance; and
WHEREAS, the discharge of fireworks is recognized as a potentially hazardous activity that presents risks to residents of and visitors to the City and can be dangerous to both people and property; and
WHEREAS, Since the state law grants the City of Elkins authority to permit or prohibit the discharge of fireworks, The City of Elkins City Council has determined that discharge only for the July 4th Holiday period shall be permitted and not for the January 1st period.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELKINS, ARKANSAS:
SECTION 1. It is unlawful and prohibited for any person or entity to use, explode, shoot, discharge or otherwise ignite any fireworks (firecrackers, roman candles, bottle rockets or other display fireworks) within the city limits of Elkins, Arkansas on any day other than:
- during the hours of 8:00 a.m. until 11:00 p.m. on July 1, 2, 3, 4 and 5th of each year, the use of fireworks shall be allowed provided there are no burn bans or fire warnings due to dry conditions;
- use of fireworks during the hours set forth above shall be by an adult or directly under adult supervision
SECTION 2. It shall be unlawful for any person, entity, group or association to offer for sale, expose or display for sale, or sell at retail to users or consumers any fireworks within the corporate limits of the City except as follows:
- no display or sale shall occur before 12:00 p.m. (noon) on the 20th day of June each year and no display or sale shall occur after 9:00 p.m. on July 10th of each year; and,
- no display or sale shall occur in any location no previously approved by the Mayor (or his/her designee); the Mayor may require that certain conditions be met and maintained in order to approve a location; and,
- a display/sales location must be no less than 250 feet from any other display/sales location and at least 250 feet from any location which sells, offers for sale, stores or otherwise handles gasoline, diesel fuel, propane or other flammable materials or explosives of any type and 250 feet from any natural gas/fuel, exposed pipeline or valving; and,
- each display or sales location must have a City business license and otherwise obey and comply with all other City, State and Federal laws, rules and regulations; and,
- no firecracker, rocket, punk, roman candle, or any other firework or fire may be started, ignited, shot, set or otherwise detonated within 250 feet of any display/sales locations; and,
- comply with all lawful orders of the City police or fire department concerning such other safety requirements as may from time to time be appropriate.
SECTION 3. Violation of Section 1 or Section 2 by any person or entity shall, upon conviction, be a violation and shall be punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense.
SECTION 4. Any and all ordinance which are in conflict with this ordinance are repealed to the extent of the conflict and if any part of this ordinance is declared to be unconstitutional or illegal in anyway, that status shall not affect the remaining parts of this ordinance and those parts shall remain in full force and effect.
PASSED AND APPROVED by the City Council for the City of Elkins, Arkansas, this 18th day of June, 2020.