You can use fireworks in the city limits of Benton, but avoid fines by following this ordinance

ORDINANCE NO. 41 OF 2022 – an ordinance adopting and restating the rules and regulations, providing for the limited use and sale of fireworks within the City of Benton during certain times of the year; prescribing penalties for the violation of same; and for other purposes

WHEREAS, the City Council of the City of Benton, Arkansas, desires to regulate the sale of fireworks within the city limits of the City of Benton, Arkansas and in accordance with Ark. Code Ann. § 20- 22- 704; and

WHEREAS, the City desires that there be permit requirements for the operation of fireworks stands within the City; and

WHEREAS, the City desires to adopt safety rules and regulations concerning the operation of firework stands within the City; and

WHEREAS, the City desires to allow patriotic participation in celebrating certain holidays in the City of Benton; and

WHEREAS, the City desires to regulate the safety of such celebrations when the individual use of fireworks is involved; and

WHEREAS, the City desires to allow the public usage of fireworks during said holidays.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of

Benton, Arkansas as follows:

SECTION 1:

Definitions

Fireworks – The term ” fireworks” means and includes any combustible composition or any substance, combination of substances, or article prepared for the purpose ofproducing a visible or audible effect by combustion, explosion deflagration, or detonation and includes, but is not limited to 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, firecrackers, torpedoes, sparklers, or other fireworks of like construction, any fireworks containing any explosive substance. This definition includes items which contain even small amounts of silver fulminate, potassium nitrate, ammonium perchlorate, or other chemical or pyrotechnical composition intended to produce a pyrotechnic event or effect, even if not classified as a ” hazard material’ under federal regulation.

Public Display — Any event that includes special fireworks that means all articles that are classified as Class B explosives in the regulations of the Interstate Commerce Commission and shall include all articles other than those classified as Class C but shall not include such dangerous items of commercial fireworks as cherry bombs, tubular salutes repeating bombs, aerial bombs, torpedoes, and fireworks containing more than 50mg of explosive powder.

SECTION 2:

Regulating Sales of Fireworks

Permit Fee – This permit fee is paid in lieu of a Privilege License and is hereby imposed on the owners, operators, lessors, or upon their agents and receivers, a permit fee in the amount of $ 500. 00 per year per stand, for the selling of fireworks from approved locations in the City of Benton, Arkansas. The permit fee shall be applied to The Community Fire Education Program. The annual fee shall be payable at the time of application on or before the first of June each year. If June 1 follows on a Saturday or Sunday, then the date for submission of the application and permit fee will be the following Monday. If the permit fee is submitted up to 7 days late a 10% or $ 50 late fee will be assessed, if the fee is submitted after the 7 days but before or on the 14th day then a 20% or 100 late fee will be assessed. After 14 days from the deadline date, applications and permit fees will not be accepted.

Application Process — An application shall be completed. It shall request the following information.

Name of company or individual, address, and phone number.

Location of Stand — The location of each fireworks stand must be situated within a district zoned by the City of Benton as commercial property ( neighborhood commercial C- 1, general commercial C- 2 or service commercial C- 3). Each stand and the surrounding premises must comply with any applicable state law. A plot plan and a letter or lease giving permission to use the property shall be provided. Final approval for location of any stand or location for the sale of fireworks must be obtained from the Benton City Fire Chief or the Chiefs designee. All stands must be inspected by the Fire Chief or the Chiefs designee to ensure compliance with all State and City codes.

Evidence of Sales Tax Identification Number — All owners, operators, lessors, or agents are responsible for the collection of sale taxes as required by laws of the State ofArkansas and must provide proof of their tax identification number.

Proof of liability insurance in the minimum amount of $500,000.

A final inspection by the Fire Marshal must be completed before any sales begin. Any sales done without the final inspection by the Fire Marshall will result in fines and penalties and/or revocation of privileges. No inspection may be conducted after July 2.

Dates of Operation — The sale of fireworks will only be allowed during the following dates:

Fourth of July Holiday Season: June 25 —July 5.

SECTION 3:

Usage of Fireworks in the City of Benton

Date and Time of Use — All usage of fireworks in the City of Benton will be limited to the following dates and times:

Fourth of July Holiday: July 1 – July 5, 2023, from 10:00 am until 10:00 pm.

Public Displays of Fireworks partnered with or sponsored by the City — The City of Benton may partner with or sponsor a public display of fireworks, which may occur on any of the following days during the year:

Fourth of July Holiday: July 1 — July 5, from 10 am until 10:00 pm each day.

Labor Day Weekend: From Friday until Monday of the holiday weekend, from 10 am until 10: 00 pm each day.

New Years Eve: 11: 00 pm on December 31 to 12: 30 am on January 1.

Any other day and time authorized by the City Council.

Citizens Responsibility —

Adult Supervision— No parent, guardian, or custodian of any child under the age of 18 shall knowingly permit or consent to the possession or discharge of fireworks by any child under the age of 18 without adult supervision.

Safe and sane manner — During the approved dates and time frames fireworks may be discharged within the city limits only on private property of the owner, or with the owner’s permission when such a discharge is in a safe and sane manner. As used in the part, “safe and sane manner” refers to actions which do not endanger life, limb, or property of those in the area of discharge. Fireworks discharged on private property shall be maintained on same private property.

Clean-up —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 or other property that the discharged fireworks land on.

Prohibited Locations of Use — With the exception of the annual City of Benton Fourth of July public display, no fireworks may be discharged within the boundaries of or within 300 feet of any public park owned or maintained by the City of Benton or any city owned property. No fireworks may be discharged within 1000 feet of any hospital, nursing, or assisted living facility. No fireworks may be discharged under or upon a motor vehicle, whether moving or not, or within 300 feet of any gas station; gas, oil, or propane storage facility; or other area that is highly flammable by nature. No fireworks may be discharged within 300 feet of any fireworks display stand or other areas where sales of fireworks are taking place.

Fireworks Usage/ Ban — When, in the opinion of the Fire Chief, drought or other conditions exist that, when coupled with the discharge of fireworks, would pose a hazard to persons or property, the Fire Chief shall issue a ban on the sale and discharge of all fireworks until such time as the condition causing the ban ceases to exist. When a public display of fireworks, as authorized in Section 3(B) has to be postponed due to a burn ban, the Mayor may reschedule the public display at an appropriate date and time after the burn ban has been lifted.

Public Display — Public display is permitted when performed in accordance with Ark. Code Ann. § 20- 22- 702 and this ordinance.

The safe and sane discharge of fireworks in accordance with the provisions of this ordinance shall not be deemed a violation of Ordinance 29 of 2007, otherwise known as the “Noise Ordinance.”

Enforcement — The Police Department, Fire Department, and Code Enforcement shall enforce the rules and regulations of this ordinance.

Violation- Penalty — Any individual, firm, partnership, corporation, or association violating any section of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than 100 or no more than $500 for a first offense, a fine of not less than $200 or no more than $500 for a second offense, and a fine of not less than $300 or no more than $ 500 for a third or subsequent offense. Each day of a violation constitutes a separate offense. In the case of a violation by a firm, partnership, corporation, or association, the manager or members of the partnership or responsible officers or agents shall be deemed to be prima facie responsible, individually, and subject to the penalty as provided.

Any damages caused or injuries sustained as a result of any violation of this ordinance shall be ordered paid as restitution as a part of any conviction for any violation.

The court may order the reimbursement of costs of enforcement, investigation, fire suppression services, and overtime related to a violation upon conviction.

SECTION 4:

Conflicts — All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of said conflict. Ordinance 32 of 2013, Ordinance 33 of 2011 and Ordinance 32 of 2004 are hereby repealed.

SECTION 5:

Should any word, phrase, or section of this ordinance be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the force and validity of the remaining portion of sections of this ordinance.