AN ORDINANCE REPEALING ORDINANCE 2007-11 AND CHAPTER 7.44 SECTIONS 7.44.01, 7.44.02, 7.44.03, AND 7.44.04 OF THE MAYFLOWER MUNICIPAL CODE AND AMENDING IT TO RESTRICT USE AND PROHIBIT THE SALE OF FIREWORKS WITHIN THE CITY OF MAYFLOWER; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, the City of Mayflower has adopted the Mayflower Municipal Code which in section seven (7) regulates outdoor burning; and
WHEREAS, the Mayflower City Council has found and determined that the use of fireworks is dangerous to both the persons using the fireworks and bystanders, creates a fire hazard to the community in general and to the persons and property of the citizens, as well as disturbs the peace and quiet of the citizens of the community; and
WHEREAS, the Mayflower City Council finds that fireworks should be restricted as herein provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAYFLOWER, ARKANSAS:
SECTION ONE: Mayflower Municipal Code § 7-33-01 shall henceforth read:
Sec. 7-44-01. Definitions.
The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fireworks means any device for producing a striking display of light, noise or smoke by the combustion of explosive or flammable compositions, including but not limited to firecrackers, torpedoes, Roman candles, bottle rockets, sparklers and similar devices.
Sec. 7-44-02. Penalty for violation of article. Any violator of this article shall be guilty of a misdemeanor and upon conviction, the violator will be punished by a fine of not more than $100.00 plus court costs.
Sec. 7-44-03. Discharge, sale restricted. Pursuant to the authority of it police powers for the health, safety and welfare of its citizens, the city prohibits the discharge and/or sale of fireworks within the city. Except as authorized by law, it shall be unlawful for any person to discharge or to sell any fireworks within the city.
Sec. 7-44-04. Discharge permitted. Except from the provisions of this article is the discharge of any fireworks at a public fireworks show or event open to the general public, which show or event was approved in writing by the Chief of the Fire Department and the Chief of the Police Department prior to the show or event. Also excepted from the provisions of this article is the discharge of any fireworks between the hours of 10:30 a.m. and 10:30 p.m. on July 4th of each year provided that any fireworks discharges under this exception shall not be discharged by any person in or around any group of twenty (20) or more people or when a burn ban in effect.
SECTION TWO: To the extent that any prior ordinance or resolution of the City is in irreparable conflict with this ordinance, the conflicting parts of the prior ordinance or resolution are hereby repealed to the extent of the conflict.
SECTION THREE: The provisions of the Ordinance are hereby declared to be severable and if any section, phrase or provision shall be declared or held invalid, such invalidity, shall not affect the remainder of the sections, phrases or provisions.
SECTION FOUR: It is hereby found and determined that the prohibition of fireworks within the City as provided herein is necessary for the immediate preservation of the public health, safety and welfare;
THEREFORE, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage.
Approved and passed this 23rd day of November, 2010