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Sec. 34-5. Sale and use of fireworks.

(a)

Except as hereinafter provided, no person shall offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, use or explode any fireworks within the city.

(b)

On the dates of July 3 through July 5 of each year, between the hours of 11:00 a.m. and 11:00 p.m., the use of fireworks shall be permitted, with the exception of any aerial fireworks device attached to a stick commonly referred to as a "bottle rocket," or any other similar device, regardless of its name.

(c)

With the exception of fireworks used or exploded by the city for purposes of a public display, no fireworks shall be used or discharged on any city owned property.

(d)

No fireworks shall be used or exploded on private property without the property owner's consent.

(e)

The mayor and/or the fire chief shall have the authority to permit the use of fireworks on dates other than July 3 through July 5 for special or extraordinary events sponsored by governmental, educational, religious, civic, benevolent or charitable organizations after all provisions of NFPA 1123 have been met and a special permit has been obtained from the office of the mayor. If any such permits are issued, the displays must be supervised by a competent operator, who has been approved by the fire chief, and shall be of such a nature and must be located, discharged or fired so as not to be hazardous to property or endanger any person. No such display shall be allowed except between the hours of 11:00 a.m. and 11:00 p.m.

(f)

The mayor or his designee shall be authorized to suspend the discharge of fireworks permitted under this ordinance if in the opinion of the fire chief, the suspension of the discharge of fireworks is necessary to maintain public safety.

(g)

Persons possessing or using fireworks in violation of this section shall be punished by a fine and/or public service not to exceed ten days. In addition, a law enforcement or code compliance officer is authorized to seize all fireworks from persons violating the terms of this section.

(Code 1997, § 78-12; Ord. No. 03-72, §§ 1—7, 8-26-2003; Ord. No. 08-57, § 1, 5-13-2008)

State law reference— Fireworks, A.C.A. § 20-22-701 et seq.; criminal acts involving explosives, A.C.A. § 5-73-108.

 

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