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1997h ORDINANCE NO.~ AN ORDINANCE TO REGULATE THE USE OF FIREWORKS IN THE CITY OF WEST MEMPHIS, ARKANSAS, AND FOR OTHER PURPOSES. WHEREAS, Arkansas municipalities are authorized to regulate the use of fireworks pursuant to A.C.A. §14-54-104(4)(C)and A.C.A. §20-22-704; and WHEREAS, the City Council of the City of West Memphis desires to regulate the use of fireworks within the city limits of West Memphis; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: SECTION 1. For purposes of this ordinance the term "fireworks" shall mean those defined in Interstate Commerce Commission regulations described as Class C fireworks only and shall include those items as set out in A.C.A. X20-22-708. SECTION 2. No parent or guardian of a person twelve years of age or younger shall furnish money or a thing of value to a person twelve years of age or younger for the purchase of fireworks or encourage, act in conjunction with or in any manner instigate or aid a person twelve years of age or younger in the commission of having, keeping, storing, selling, offering for sale, giving away, using, transporting or manufacturing fireworks within the corporate limits of the city. The violation of this section shall be an offense regardless of whether or not the person twelve years of age or younger shall be charged or found guilty of the offense. The commission of the offense by the person twelve years of age or younger on the property under the control or owned by the parent or guardian shall be prima facie proved that the parent or guardian aided the person twelve years of age or younger. SECTION 3. It shall be illegal for any person twelve years of age or younger to have, keep, store, sell, offer for sale, give away, use transport or manufacture any fireworks within the corporate limits of the city. SECTION 4. The use of fireworks within the corporate limits of the city is prohibited except from June 20 through July 10 and December 10 through January S of each year. During the periods of June 20 through July 10 and December 10 through January 5 of each year by the use of fireworks shall be permitted only during the hours of 12:00 noon to 10:00 p.m., except on July 4 of each year the use of fireworks shall be permitted only during the hours of 12:00 noon to 12:00 midnight and on December 31 of each year the use of fireworks shall be permitted only during the hours of 12:00 noon to 1:00 a.m. of the following January 1. SECTION 5. All persons using fireworks within the corporate limits of the city shall promptly collect and remove any and all litter and debris resulting from such use. SECTION 6. Nothing in this ordinance shall be construed as applying to the shipping, sale, possession, and use of fireworks for public displays by holders of a permit for a public display to be conducted in accordance with the rules and regulations promulgated by the Director of the State Police. SECTION 7. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. SECTION 9. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND APPROVED this ~ day of ~1 v ~,' y 61' , 2001. WILLIAM H. JOHNSO AYOR ATTEST: -c-, PHILLIP P ,CITY CLERK SPONSORED BY: ~,...~ Uri .... '? ~I ~e ~.n t c~ Il : S7o ~w~