10.I.
City Council Meeting - FINAL
- Meeting Date:
- 07/21/2015
- From:
- Patrick Staskey, Fire Marshal
Information
TITLE:
Consideration and Adoption of Ordinance No. 2015-15: An ordinance of the Flagstaff City Council adopting amendments to the Flagstaff City Code, Title 5, Fire Code, to be consistent with Arizona Revised Statutes. (Fireworks Regulations)
RECOMMENDED ACTION:
1) Read Ordinance No. 2015-15 by title only for the final time
2) City Clerk reads Ordinance No. 2015-15 by title only for the final time (if approved above)
3) Adopt Ordinance No. 2015-15
2) City Clerk reads Ordinance No. 2015-15 by title only for the final time (if approved above)
3) Adopt Ordinance No. 2015-15
Executive Summary:
The state law that legalizes the sale and use of consumer fireworks (ARS 36-1601) has been updated . This ordinance amends City Code to be consistent with the Arizona Revised Statutes. The recent revisions to A.R.S. limits the ability of municipalities to regulate use and sale. Sale of consumer fireworks is legal two times per calendar year: May 20 through July 6 and December 10 through January 3. Use of consumer fireworks is legal two times per calendar year: June 24 through July 6 and December 24 through January 3.
Municipalities do have the ability to suspend sale and use if local federal forest restrictions are at Stage 1 or higher. In addition, municipalities may prohibit use of permissible consumer fireworks on public property and within one hundred (100) feet of any hospital or public school.
The amendment also limits the ability of municipalities to require warning signs at sale locations.
Municipalities do have the ability to suspend sale and use if local federal forest restrictions are at Stage 1 or higher. In addition, municipalities may prohibit use of permissible consumer fireworks on public property and within one hundred (100) feet of any hospital or public school.
The amendment also limits the ability of municipalities to require warning signs at sale locations.
Financial Impact:
No cost to the City
Connection to Council Goal and/or Regional Plan:
Provide sustainable and equitable public facilities, services and infrastructure systems in an efficient manner to serve all population areas and demographics.
Has There Been Previous Council Decision on This:
The fireworks provisions of the City Code were previously amended by Ordinance No. 2010-38, adopted by City Council on November 2, 2010. Discussion and first reading of this ordinance occurred on July 7, 2015.
Options and Alternatives:
1) Amend the City Code as recommended.
2) Not amend the City Code. If the City Code is not amended, the Code provisions regarding consumer fireworks will be inconsistent with current state law.
2) Not amend the City Code. If the City Code is not amended, the Code provisions regarding consumer fireworks will be inconsistent with current state law.
Community Involvement:
Inform