Alexander council approves fireworks ordinance in time for July 4

An ordinance covering fireworks has been a topic that’s been the subject of many council meetings. Whether the request came from a citizen attending a meeting, or a council member the topic seems to pop up almost annually either too close to July 4 to write and pass an ordinance, or immediately after with various complaints related to fireworks’ mishaps.

Apparently, police department officials have had enough. Police Chief Robert Burnett and others in the department crafted a fireworks ordinance that was presented to council members at the monthly June 17 meeting.

The ordinance entitled, “An ordinance to limit the sale and discharge of fireworks within the City of Alexander, Arkansas and for other purposes” sets standards for who can sell fireworks and where and when they can be “Discharged.” In short, fireworks cannot be sold within the city limits without the purchase of a, “Privilege license” and, “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.” The ordinance also allows for the, “possession or discharge of fireworks” as, “prima facie evidence of the knowing permission or consent of such parent, guardian, or custodian.” 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.

The ordinance provides a definition of fireworks. Besides the legal, 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.”

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.”

However, 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 on July 3 and July 4 from 12:00 PM (Noon) until 10:00 PM. Fireworks are also allowed to be discharged from 12:00 PM (Noon) on December 31 and between 12:00 AM (Midnight) until 1:00 AM on January 1.

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.”

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.”

In order for this ordinance to become effective before July 4 two-thirds (six) of the council members had to vote for suspending the second and third required public readings and to pass the Emergency Clause. Present at the start of the meeting were council members Joe Pollard (Ward-1), Joy Gray (Ward-2), Juanita Wilson (Ward-2), Harold Timmerman (Ward-3), and Dan Church (Ward-3). Absent were Elizabeth Bland (Ward-1) and Jeff Watson (Ward-4 Seat-2).

Before getting down to business former council member Lonny Chapman was appointed to fill the vacancy in the Ward-4 Seat-1 position. That seat became vacant when council member Melissa Ratliff resigned in February to work full-time at city hall. Chapman became the sixth council member. More on his appointment in a subsequent article.

The next meeting of the Alexander city council is Monday, July 15. The meeting is at 6 PM and is held in the courtroom at city hall. The public is invited to attend.