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 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 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.
