ORDINANCE NO. 2021-2 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NOS. 81-3, & 86-4 AUTHORIZING THE SALE AND SHOOTING OF FIREWORKS WITHIN THE CITY
LIMITS OF THE CITY OF MANSFIELD, ESTABLISHING PENALTIES FOR VIOLATION
OF SAID ORDINANCE, AND FOR OTHER PURPOSES
WHEREAS, Ordinance No. 81-3, passed and approved by the City of Mansfield,
Arkansas, on September 14, 1981; and Ordinance No. 86-4, passed and approved by the City of
Mansfield, Arkansas, on August 11, 1986, each address the topic of fireworks and it has been
determined that a new Ordinance is necessary for purposes of clarification; and
WHEREAS, the City Council of the City of Mansfield, Arkansas, has determined that it
would be in the best interest of the citizens of the City of Mansfield, Arkansas, to authorize the
sale of fireworks within the city limits of the City of Mansfield and to further regulate the usage
of fireworks within the City limits of the City of Mansfield; and
NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY
OF MANSFIELD, ARKANSAS; THAT
Section 1:
Ordinance Nos. 81-3, and 86-4 are hereby expressly repealed.
Section 2:
All persons desiring to sell fireworks within the city limits of the City of Mansfield, Arkansas shall apply with the Mayor and Fire Chief for the issuance of a permit. A permit fee of $250.00 shall be paid at the time of such application and such funds shall be credited to the City’s fire prevention fund within the City of Mansfield Fire Department Fund.
Along with the $250.00 permit fee, such individual or organization shall also provide to the
Mayor and Fire Chief a copy of the State Permit required for the sale of fireworks. Any permit
issued by the City of Mansfield, shall only be valid for the same period of time as authorized by
the Arkansas State Firework Sales Permit provided by such entity. Further, such permit will only authorize the sale of fireworks within commercial zones of the City of Mansfield. The proposed location for the sale of fireworks must be provided to the Mayor and Fire Chief in writing at the time of the application. The Mayor and Fire Chief shall have discretion not to issue the permit, if in his/her opinion, ample parking and road accessibility is not available at such site.
Section 3:
Shooting of fireworks within the city limits of Mansfield, Arkansas is hereby prohibited and declared unlawful, except from 12:00 noon until 11:59 PM on July 3rd, 4th, and 5th and from 12:00 noon December 31st thru 1:00 AM on January 1st of each year, providing a burn ban is not in effect at the time.
Section 4:
Any person or entity that is issued a permit for the sale of fireworks within the City of Mansfield under Section 2 of this Ordinance shall be required to post the language contained in Section 3 of this Ordinance in at least two (2) conspicuous locations where the fireworks are to be sold under such permit.
Section 4:
It shall be unlawful for any person to ignite any fireworks or cause any fireworks to travel closer than three hundred (300) feet from any school, church, or business establishment within the city limits of the City of Mansfield.
Section 5:
This Ordinance shall not apply to the City of Mansfield, Arkansas sponsored events, to include the Mansfield Public School District, that may from time to time sponsor its own fireworks display.
Section 6:
The fee required under Section 2, shall be waived as to any applicant presenting at the time of application, a written form reflecting their 501 (c) (3) status having been issued exempting them from federal income tax. The remaining portions of this Ordinance shall apply to them for the permit fee.
Section 7:
In the event the county Judge issues a burn ban, it shall be a violation of this Ordinance to shoot off any fireworks within the city limits of the City of Mansfield, Arkansas, during such burn ban.
Section 8:
Any person, firm, co-partnership or corporation violating the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of $25.00 for the first offense, $100.00 for a second offense, and $500.00 for a third offense. Each offense shall constitute a separate offense.
Section 9:
The City Council of the City of Mansfield finds that the uncontrolled and unregulated sale and use of fueworks creates a hazard to the health, safety, and welfare of the citizens of the City of Mansfield, and therefore, an emergency is hereby declared and this Ordinance shall be in full force and effect from and after its passage and publication.
PASSED AND APPROVED BY A 6-0 MAJORITY OF THE CITY COUNCIL OF THE CITY OF MANSFIELD, ARKANSAS ON THIS 19 DAY OF August, 2021.
Clerk / Recorder:
Becky Walker
Mayor:
William “Buddy” Black
