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Ordinance 2010-02

AN ORDINANCE AMENDING ORDINANCE NO. 01-07, ALSO KNOWN AS SECTION 7.24.01 OF TITLE 7 OF THE JOHNSON MUNICIPAL CODE AUTHORIZING THE SALE OF FIREWORKS, ESTABLISHING A PERMIT PROCESS AND FEE FOR THE SALE OF FIREWORKS, REGULATING THE SALE OF FIREWORKS, DECLARING AN EMERGENCY TO EXIST AND FOR OTHER PURPOSES.

 

BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That,


Section 1: Effective with the passage of this Ordinance Sections 7.24.01 and 7.24.02 of Title 7 of the Johnson Municipal Code are hereby amended as follows:

 

"7.24.01 Sale and Use of Fireworks


A) No individual, partnership, corporation, organization and other entity shall sell or offer for sale within the City of Johnson fireworks or any other explosive or combustible device used for amusement and visible or audible pyrotechnic display except as specifically authorized herein.


B) Fireworks which are not prohibited under state or federal law and which are considered consumer fireworks as defined under federal law and regulations (27 C.F.R. §555.11) may be sold between June 28l1 and July 5th of each year, subject to the provisions set out herein. Any individual, partnership, corporation, organization or other entity desiring to sell fireworks must obtain a permit. The fee for each permit shall be $500.00 per location, which includes a business license as required by Title 4. One-half of the permit fee ($250.00) shall be paid at the time the completed application is filed with the City, the balance of the Permit Fee is due when the Permit is issued. The initial S250.00 of the permit fee is non-refundable as it will be used to cover costs of City resources to investigate the application, such initial funds shall be divided as follows: $125.00 Johnson Area Volunteer Fire Department, $75.00 Johnson Police Department and $50.00 to City General Fund. The Fire Department, Police Department and Street or Planning officials shall inspect the proposed location for each permit after an application is filed and either approve, approve upon conditions or deny the permit. All denials or approval upon conditions shall be in writing which writing shall be provided to the applicant. Inspections by these departments shall continue throughout the set-up, sales periods and takedown of each location. Before a permit to sell fireworks is issued, the entity applying for the permit must show proof that each location will be insured by a licensed insurance company for $1,000,000.00 premises liability. The Fire Department shall insure compliance with all parts of the International Fire Code, this Code and all other applicable fire code requirements prior to approval of the application and throughout the set-up, sales period and take-down of each location.


C) Sales of fireworks shall not occur within 50' from the nearest portion of a street/highway, within 250' of a fuel dispensing or storage facility or within 250' of any educational or institutional facilities.

 

D) Sales hours shall be from 8:00 o'clock a.m. until 12:00 o'clock p.m. on days permitted in (B) above.


E) All sales locations shall have 24 hours security from set-up to take-down, acceptable sleeping and sanitation provisions for employees who shall be 21 years of age or older. No sales to persons under 18 years of age are allowed.


F) The completed application shall be filed with the City (and the nonrefundable portion of the permit fee paid) at least ten (10) days prior to any sale or offering for sale of fireworks at each location. The Fire Department. Police Department and other City officials shall promptly investigate each application location and make a determination no later than ten (10) days after the application is filed.

 

G) The Fire Department shall prescribe on-site available fire suppression equipment and area for each location.


H) No fireworks use may occur within 50 yards of a sales location.


I) For each fireworks location actually permitted, the applicant shall post a $500.00 clean-up deposit to insure that the location is cleaned and left in good order following take down. The City Building Official shall make one (no cost) inspection of each location following takedown and determine the amount of the clean-up deposit to be refunded. Additional inspection trips are $50.00 each. With respect to the amount of the clean-up deposit refund, the opinion of the City Building Official is appealible to the City Council.


J) The balance of the permit fee paid when the permit is issued shall be divided as follows:

 

$125.00 Johnson Fire Department
$75.00 Johnson police Department
$50.00 General Fund

K) Failure of a fireworks sales location operator to remain in full compliance with this Code and all Codes mentioned herein or any requirements made by City Officials will result in suspension or revocation of the Fireworks Sales Permit without a refund of any moneys paid.

 

L) Each Fireworks Sales Location Operator shall prominently display the Permit issued by Johnson, their sales tax permit and the name of the operator at each location.

M) 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 Johnson, Arkansas, except that:

1) During the hours of 6:00 p.m. until 10:30 p.m. on July 3 and July 4 of each year and from 12:00 a.m. until 12:30 a.m. on January 1 of each year, the use of fireworks shall be allowed provided there are no burn bans or fire warnings due to dry conditions;
2) Use of fireworks during the hours set forth above shall be by an adult or directly under adult supervision.

N) Any 501 (C)(3) or other eleemosynary organization may apply to the Johnson City Council for a rebate of one-half (1/2) of the Fireworks Sales Permit fee.

 

7.24.02 Penalty.


Violation of any portion of this Section by any person or entity shall upon conviction, be a violation and shall be punishable by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense. Each violation shall be considered a separate offense.

 

Section 2: All prior language contained in Sections 7.24.01 and 7.24.02 is hereby repealed and replace by Section 1 hereof.


Section 3: Due to the impending July 4 Holiday and this radical change in the local law an emergency is hereby declared and in order to preserve and protect local health, safety and welfare this ordinance shall be effective immediately upon passage and approval.

 

PASSED AND APPROVED this 8th day of Lune , 2010.

 

APPROVED:
Lonnie Barron. Mayor

ATTEST:

JENNIFER ALLEN, Recorder-Treasurer