1429 000135
ORDINANCE NO. 1429 ( #17 -2011)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 8,16;
ESTABLISHING PARENTAL RESPONSIBILITY FOR MINORS
DISCHARGING FIREWORKS; ASSESSMENT OF A STIFFER PENALTY
FOR VIOLATION(S) OF THE TERMS OF THIS CHAPTER; AND, FOR
OTHER PURPOSES.
WHEREAS, recent Fireworks Committee action and review has
provided there exist a need to modify, update, and create parental
responsibility and stiffer penalties for inappropriate discharge and use of
fireworks within the corporate limits of the City of Jacksonville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF7ACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Jacksonville Municipal Code § 8.16. is
hereby amended and modified to read and include as follows:
JMC 4 8.16.010 (Sale or Discharge of Fireworks Prohibited)
It is prohibited for any person to discharge, explode, fire, manufacture,
possess, sell, or allow to be discharged, exploded, fired, manufactured,
possessed, or sold any bombs, firecrackers, roman candles, squids,
torpedoes, or other such items containing powder or combustible /explosive
material within the corporate limits of the City of Jacksonville.
JMC § 8.16.020 (Display of Fireworks — Public Property)
Notwithstanding the provisions of Section 8.16.010, with proper and prior
approval from the Jacksonville Fire Marshall, public fireworks displays may
occur on public property. Said displays and discharges shall comply with all
state and federal regulations and safety provisions.
JMC § 8.16.030 (Display of Fireworks — Private Property)
Notwithstanding the provisions of Section 8.16.010, any private land owner(s)
and /or organization may provide a July 4 (Independence Day) fireworks
display under the following conditions: a) Obtain approval /permit for each
such display from the Jacksonville and State Fire Marshalls; b) Comply with
all state and federal regulations and safety provisions; c) Provide payment
for and /or provide sufficient security personnel so as to provide adequate
traffic, safety control, and timely trash removal needs created by said
fireworks display; d) Insure said display is completed within the hours of
6:00 p.m. and 11:00 p.m.; and, e) Provide notice to the Jacksonville Fire and
000136
ORDINANCE NO. 1429 ( #17 — 2011)
PAGE TWO
Police Departments of said fireworks display(s) plans no less than Seventy-
two (72) hours prior to said display event(s).
JMC ¢ 8.16.035 (Annexed Fireworks Dealer — Private Property)
For any business or individual selling fireworks at the time of annexation into
the City limits on or about June 14, 2011, said business or individual may
continue to sell fireworks subject to the limitations contained in the State
Fireworks Code until January 1, 2013. Said authority to sell fireworks in the
annexed area is extended only to that fireworks operator(s) licensed and
doing business at the time of annexation and for only so long as he /they
remain licensed, in business, and selling from his /their permanent location.
Said authority does not extend to a new owner(s) of said business, transferee
of said license, and /or from a different location.
JMC § 8.16.040 (Parental Responsibility)
No parent or guardian of a minor(s) shall furnish money or a thing of value to
a minor(s) for the purchase of fireworks or encourage, act in conjunction with
or in any manner aid, allow, instigate, or permit a minor(s) to buy, discharge,
explode, fire, manufacture, possess, receive, sell, transport, or use fireworks
within the corporate limits of the City. A violation of this Section shall be an
offense regardless of whether the minor is charged or found guilty of such an
offense. However, the commission of the offense by the minor on property
under the control of the parent or guardian and /or in the presence of the
parent or guardian shall constitute prima facie proof that the parent or
guardian violated this Section.
JMC4 8.16.050 (Enforcement and Penalties)
Any person(s) found in violation of any provision of the provisions of this
Chapter shall be cited or arrested and brought before the Jacksonville District
Court for hearing on the matter. Any person(s) pleading or pronounced No
Contest or Guilty of any of the above provisions shall be deemed guilty of a
violation and, upon such conviction, punished by a fine of not less than Two
Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars
($750.00) for each such offense, together with applicable court costs.
SECTION TWO: Should any section, clause, or provision of
this Ordinance pursuant thereto be declared invalid by a Court of competent
jurisdiction, such a ruling shall not affect the validity of the Ordinance as a
whole or any part thereof, other than the part so declared invalid.
000137
ORDINANCE NO. 1429 ( #17 — 2011)
PAGE THREE
SECTION THREE: This Ordinance shall take effect from and
after its date of passage, pursuant to and under the authority of applicable
law.
APPROVED AND ADOPTED THIS 1 � ( DAY OF NOVEMBER, 2011.
CITY • ACKSONVILLE, ARKANSAS
G-1•YFLET E', MAYOR
ATTEST.:
v
SUSAN DA , CITY CLERK
AP" • DAST/ OR :
Ar
ROB 'T E. BAM: URG, C ORNEY