If you
plan to shoot fireworks in the City of Alexander to celebrate the new
year there are some rules you need to know. The fireworks ordinance
establishes the following rules.
The use of fireworks:
“No parent, guardian, or custodian of any child under the age of
majority shall knowingly permit or consent to the possession or
discharge of fireworks by any child under the age of majority without
proper supervision.” In other words, you’re responsible for the
actions of the child whether you know what they’re doing or not. In
Arkansas the age of majority is 18 years old.
Where and When:
The ordinance limits the discharging of fireworks, “on private
property of the owner, by the owner and immediate family, when
discharge is in a safe and sane manner.” “Safe and sane manner,”
is defined as, “actions which do not endanger life, limb, or
property of those in the area of the discharge.”
Fireworks may not, “be discharged within the boundaries of or
within three hundred feet (300 ft.) of any public park owned or
maintained by the city.” Also, fireworks may not be, “discharged
upon any public street, alley, road, or right-of-way,” … “under
or upon a motor vehicle, whether moving or not, or within three
hundred feet (300 ft.) of any gas station, gas, oil, or propane
storage facility, or other area which is highly flammable in nature.”
Fireworks also may not be discharged if the Fire Chief has issued a
burn ban due to drought or other conditions.
The ordinance allows for the discharging of fireworks from 12:00
PM (Noon) on December 31 until 1:00 AM on January 1.
Clean up when finished:
The revelers are also required to clean-up the mess. The ordinance
states, “Any individual, firm, partnership, corporation, or
association discharging fireworks under this ordinance shall, upon
such discharge, be responsible for clean-up of the discharge site,
including disposal of all discharged fireworks, all non-discharged or
‘dud’ fireworks, and the associated debris from the area in a
safe manner.”
Fireworks defined:
The ordinance provides a definition of fireworks. Besides the
legal and technical definition, examples of what constitutes
fireworks is provided. The list includes, “sky rockets, roman
candles, daygo bombs, blank cartridges, toy cannons, toy canes, or
toy guns in which explosives other than toy paper caps are used, the
type of balloons which require fire underneath to propel them,
firecracker, torpedoes, sparklers, or other fireworks of like
construction, any fireworks containing any explosive or flammable
compound, or any tablet or other device containing an explosive
substance.”
Enforcement and penalties:
Police, fire and code enforcement officers are given the authority
to enforce this ordinance. They also have the authority to, “seize,
impound, remove, or cause to be removed, at the expense of the owner,
all stocks of fireworks offered for sale, sold, or in the possession
of any individual, firm, partnership, corporation, or association in
violation of this chapter.”
Penalties start at, “a fine of not less than one hundred dollars
($100) or more than five hundred dollars ($500) for a first time
offense, a fine of not less than two hundred dollars ($200) or more
than five hundred dollars ($500) for a second offense, and a fine of
not less than three hundred dollars ($300) or more than five hundred
dollars ($500) for a third or subsequent offense. Each day of a
violation constitutes a separate offense.”
The ordinance also covers payment for damages and the cost of any
services provided. “Any damages caused or injuries sustained as a
result of any violation of this chapter shall be ordered paid as
restitution as part of any conviction for any violation,” it
states. Also, “The court may order the reimbursement of costs of
enforcement, investigation, fire suppression services, and overtime
related to a violation upon conviction.”
Anyone living under a Home Owners Association or Property Owners
Association should consult the organization for any additional
requirements above and beyond the city ordinance.
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