Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 46-56. Fireworks.

(a) (1) No person shall sell or distribute in the city 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, except as specifically set out herein.

(a) (2) Fireworks which are not prohibited under law (Ark. Code Ann. § 20-22-701, et seq.) and which are considered consumer fireworks as defined under federal law (27 C.F.R. § 555.11) may be sold in the city between June 28th and July 5th of any year, subject to the provisions set out herein. Any person desiring to sell fireworks within the city must obtain a permit through the city clerk's office. The charge for each permit shall be $500.00 per location. One-half of the permit fee ($250.00) shall be placed in the revenue account of the city fire department to cover the cost of fire inspections of locations where fireworks are sold. Before a permit to sell fireworks is issued by the city clerk, 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 Springdale Fire Department and arrange for an inspection by the fire marshal to ensure compliance with city ordinance and fire code requirements prior to the sale of fireworks.

(a) (3) No fireworks shall be sold or stored within a permanent structure of the city. Further, no fireworks stand shall be located anywhere within the city, except in a C-2, C-5 or A-1 zone provided the A-1 property has frontage on a federal or state highway. All locations where fireworks are sold must comply with all Arkansas and federal law, as well as the 2000 International Fire Code and the 2002 Arkansas Fire Prevention Code, as adopted by the city.

(a) (4) No person selling fireworks within the city shall be allowed to sell any fireworks which travels on a stick, as these particular fireworks are prohibited to be discharged within the city.

(a) (5) No fireworks stand shall be located within 250 feet of a fuel dispensing facility and all fireworks stands must have at least 50 foot setback from the street or highway.

(a) (6) No person under the age of 16 shall be allowed to purchase fireworks within the city.

(a) (7) All locations where fireworks are sold within the city shall post a sign, visible to the public, which states, "The discharge of bottle rockets or fireworks that travel on a stick are prohibited in the City of Springdale."

(b) (1) No person shall discharge at any place, public or private, within the city boundaries, any aerial firework(s) which travels on a stick, except a permit may be obtained for a public display of fireworks, as more particularly set out in this section.

(b) (2) The fire chief shall permit the use of fireworks for outdoor public display when all provisions of NFPA 1123 are met and after all necessary permits have been issued. If any such permit is issued, any such display shall be handled by a competent operator approved by the fire chief, and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. No such permit shall be authorized except for the following:

A. Between the hours of 8:00 a.m. and 11:00 p.m. on July 1st through 4th of any year; or

B. At professional sporting events in a P-1 zone provided that the property adjacent to the P-1 zone is commercial or agricultural, between the hours of 6:00 p.m. and 11:00 p.m. on April 1st through September 15th of any year.

(c) No fireworks, including firecrackers, sparklers, or roman candles may be discharged within the city except as set out as follows:

(c) (1) All legal fireworks, except aerial fireworks that travel on a stick, may be discharged on private property between the hours of 8:00 a.m. and 10:00 p.m. on July 1st through July 4th of any year, provided that the owner of the private property consents to such discharge of the fireworks; and

(c) (2) A person of at least 21 years of age shall supervise the discharge of any fireworks if any person participating in the activity is under the age of 16.

(Code 1973, § 11-6; Ord. No. 2464, §§ 1--3, 3-12-96; Ord. No. 3210, 5-14-02; Ord. No. 3339, § 1, 6-10-03; Ord. No. 3689, 5-24-05; Ord. No. 4131, 11-13-07)

State law reference(s)--Fireworks generally, A.C.A. § 20-22-701 et seq.; cities may prohibit, A.C.A. § 22-22-704.

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