§ 22-4. Sale or discharge of fireworks.

(a)

It shall hereafter be lawful for any person to offer fireworks for sale at retail or wholesale within the corporate limits of the city, under the terms and regulations set out herein.

(b)

Fireworks shall be defined as any explosive device using gunpowder, including but not limited to the following items: firecrackers, sparklers, fountains, bottle rockets, cherry bombs and any other exploding fireworks.

(c)

Aerial fireworks shall be defined as any firework that travels on a stick and which has material that falls back to the ground (e.g., bottle rockets, sky rockets, helicopter-type rockets etc.). Such fireworks shall not be sold or discharged in the city. Aerial discharged fireworks such as Roman candles or other fireworks, which do not present a "litter" problem, will be allowed.

(d)

It shall be unlawful for any person, firm, corporation or other business, entity, or individuals to use fireworks within the city at any time, except on the dates of July 2 through July 6 between the hours of 9:00 a.m. and 10:00 p.m., except on July 3 and 4 until the hour of 11:00 p.m.

(e)

It shall be unlawful for any person to use fireworks within the city except on the person's own property; provided public displays pursuant to chapter 20 sections 2001—2006 Rules and Regulations for the Arkansas Fire Prevention Code (1999 Edition) shall be permitted.

(f)

The mayor or fire chief shall be authorized to declare an emergency and prohibit all use of fireworks upon a determination that such use would create a fire hazard in dry conditions.

(g)

The city, at its discretion, reserves the right to discharge fireworks for public display as it may deem appropriate.

(h)

Any person, individual, firm, corporation or other business entity shall be authorized to sell fireworks at wholesale or retail within the corporate limits of the city, upon the following terms and conditions:

(1)

Said entity shall make application to the mayor or authorized personnel for the issuance of a permit to sell said fireworks, prior to the beginning of the authorized period for sale of fireworks as defined in state statutes. A person may pick up a permit application at city hall. Said permit shall not be issued unless the person buying has a state permit to sell fireworks issued and approved by the state police under state law (A.C.A. §§ 20-22-707, 20-22-708, 20-22-710).

(2)

Each application shall require a fee in the amount as currently established or as hereafter adopted by resolution of the city council from time to time payable prior to the issuance of said permit. Said application fee shall be payable for each location. Upon compliance with the conditions hereinabove, the mayor or authorized personnel shall issue said permit and the sale of fireworks will be authorized.

(3)

The sale of fireworks shall occur only in a commercially zoned area and recognize regulated setbacks from the property lines.

(4)

Hours of operation for the fireworks stand will be from 8:00 a.m. until 12:00 midnight from June 20 through July 6 (A.C.A. §§ 20-22-704, 20-22-711).

(5)

Prior to the opening of the fireworks sale facility, an on-site inspection by the fire department must be conducted of the site. The fireworks stand will be subject to inspection every day for the duration of the sales period.

(6)

All fireworks stands shall have at least one five-pound ABC fire extinguisher or as many as the fire department inspectors require.

(7)

All workers selling, stocking or handling any fireworks shall be of the age of 16 years and above. It shall be unlawful to offer for retail sale or to sell any fireworks to children under the age of 12 years or to any person known to be intoxicated or irresponsible (A.C.A. § 20-22-712).

(8)

All grass shall be closely trimmed. Trash and any other combustible materials shall be removed from the fireworks stand area at all times.

(9)

In cases of violation of any of the abovementioned conditions or if the mayor, or fire chief or their representatives deem the fireworks stand to be a danger to the health and safety of the community, the mayor and/or fire chief may exercise the right to close the stand temporarily until the conditions have been complied with or close the stand permanently.

(i)

Any sale, whether wholesale or retail without possession of said permit, which shall be prominently displayed at the sale location, shall be a violation of this section. Each day for which any violation of this section continues shall be deemed as a separate offense and punished accordingly.

(Code 1992, § 11-4; Ord. No. 218, §§ 1—3, 12-18-1984; Ord. No. 584, § 1, 2-12-2002; Ord. No. 676, §§ 3—12, 6-15-2004)

State law reference

Fireworks, A.C.A. § 20-22-701 et seq.