§ 34-44. Discharge of certain fireworks permitted.

1.4G Fireworks, as defined in Section 3302.1 of the International Fire Code, 2009 edition, may be displayed, detonated, discharged, and/or ignited within the corporate limits of the city, in compliance with this section.

(a)

Detonation times and locations. Individuals who are at least 14 years old, and under the age of 14 years old with adult supervision, may detonate fireworks permitted by this section on June 27 through July 3 between the hours of 10:00 a.m. and 10:00 p.m.; and 10:00 a.m. through midnight on July 4, with the permission of an adult that owns or resides at the property, or within any authorized shooting area authorized by resolution of the board of city commissioners.

(1)

If inclement weather prevents the use and discharge of fireworks on July 4, the city manager may extend authorized discharge to July 5 between the hours of 10:00 a.m. and midnight.

(2)

When an authorized discharge date falls on a Sunday, detonation of fireworks shall not commence before 12:00 noon on that date.

(3)

The adult granting permission to detonate fireworks shall clear the front yard of that property and all adjacent public right-of-way of all debris from the detonation of the fireworks before 10:00 p.m. on July 5.

(b)

Discharge on streets and public property prohibited. It shall be unlawful for any person to discharge, ignite or fire any fireworks upon any public street, alley, avenue or public right-of-way, or in any park, city-owned property or other public place within the city unless specifically authorized by the board of city commissioners.

(c)

No firework may be displayed, detonated, discharged, and/or ignited in a manner that may cause personal injury or property damage.

(d)

Emergency conditions. The fire chief or his or her designee may limit, suspend or prohibit the discharge of fireworks even during times permitted by this section if it appears the discharge of fireworks constitutes an immediate hazard to the safety of property or persons within the city. Such limitation, suspension or prohibition shall be approved by the city manager, and publicized and posted at city hall. If the hazardous condition is eliminated, the order limiting, suspending or prohibiting the discharge of fireworks may be rescinded or modified by subsequent order with similar posting.

(e)

Except as specifically authorized herein, no other fireworks, including not necessarily limited to 1.3G Fireworks, as defined in Section 3302.1 of the International Fire Code, 2009 edition, may be displayed, detonated, discharged, and/or ignited except the city manager, after investigation by the fire chief and/or his or her designee to ensure the proposed display poses no health or safety threat, may grant permission for the public display of additional fireworks not otherwise authorized by this section upon sufficient proof that the display will comply with all applicable provisions of the International Fire Code, 2009 edition. An application for such display may only be made by a non-profit organization, and will be considered upon payment of an application fee set by the board of city commissioners.

(f)

Violations. In addition to any other fine or penalty authorized by municipal code, fireworks illegally displayed, detonated, discharged, and/or ignited may be confiscated by the Arkansas City Police Department.

(Ord. No. 2013-05-4333, § 1, 5-7-2013; Ord. No. 2014-09-4366, § 1, 9-16-2014)