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:
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PHILLIP P ,CITY CLERK
SPONSORED BY:
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