HomeMy WebLinkAbout1102_Part 10, Ch 3 Section 10-304_Amending Requirement for Public Deisplay of FireworksTulsa County Clerk - Michael Willis
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1102
AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 3, OFFENSES
AGAINST THE PUBLIC, AMENDING SECTION 10 -304, FIREWORKS PROHIBITED, OF THE CODE
OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AUTHORIZING THE CITY
MANAGER TO APPROVE A PUBLIC DISPLAY OF FIREWORKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part Ten, Offenses and Crimes, Chapter Three, Offenses Against the
Public, Section 10 -304, Fireworks Prohibited, of the Code of Ordinances of the City of
Owasso, Oklahoma, shall be amended to read as follows:
SECTION 10 -304 FIREWORKS PROHIBITED
A. Except as provided in Subsection B of this section, the sale, use, display,
firing, igniting, lighting or discharge of fireworks within the city is unlawful and an
offense.
B. The following are exceptions to the prohibitions in Subsection A:
1. The firing, igniting or lighting of the following are exempt from
the prohibition contained in Subsection A of this section: sparklers, fountains,
pinwheels and all such types of fireworks that are not explosive or noise
making in character and are stationary. Not included in this exception are
Roman candles, bottle rockets and sky rockets;
2. The city manager may, for the common good, approve a public
display of fireworks within the city. The public display of fireworks must meet
each of the following requirements:
a. The group organizing the event and igniting the fireworks must
obtain the city manager's specific approval for the event;
b. The use, display, firing, ignition, lighting and discharge of the
fireworks must be done in the presence of an authorized representative of
the city fire department; and
C. The group(s) organizing the event and igniting the fireworks must
indemnify and hold the city harmless for any damage caused by the
event and provide an insurance policy, with the city named as an insured,
covering and protecting the city from liability to the extent it is not immune
by state law.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective,
the remaining portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of
final passage as provided by state law.
SECTION FIVE (5): CODIFICATION
The Chapter and Ordinances above shall be amended and codified in Part 10,
Chapter 3, Section 10 -304, in the Owasso Code of Ordinances.
PASSED AND APPROVED this 18th day of April, 2017.
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CITY OF OWASSO /LEGALS
Alin JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
Owasso Reporter • Sand Sp: ings Leader
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OKLAHOMA WEEKLY GROUP
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Account Number
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Date
April 26, 2017
Date Category Description Ad Size Total Cost
04/26/2017 Legal Notices ORDINANCE 1102 2 x 91.00 CL 116.48
361139
Published In the Owasso Reporter, OWassa, Tulsa Coon.
ty. Oklahoma, April 26, 2017.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1102
AN ORDINANCE RELATING TO PART 10, OFFENSES
AND CRIMES, CHAPTER 3, OFFENSES AGAINST
THE PUBLIC, AMENDING SECTION 10.304, FIRE-
WORKS PROHIBITED, OF THE CODE OF OROINAN-
CES OF THE CITY OF OWASSO, OKLAHOMA, AU-
THORIZING THE CITY MANAGER TO APPROVE A
PUBLIC DISPLAY OF FIREWORKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part Ten, Offenses and Crimes,
Chapter Three, Offenses Against the Public, Section 10-
304, Fireworks Prohibited, of the Code of Ordinances of
the City of Owasso, Oklahoma, shall be amended to read
as follows:
SECTION 10-304 FIREWORKS PROHIBITED
A. Except as Provided In Subsection B of this section, the
sale, use, display, firing, igniting, lighting or discharge of
fireworks within the city is unlawful and on offense.
B. The fallowing are exceptions to the prohibitions In
Subsection A:
1. The firing, igniting or lighting of the following
are exempt from the Prohibition contained In Subsec.
ilon A of this section: sparklers, fountains, pinwheels
and all such types of fireworks that are not explosive or
noise making in character and are stalionory. Not in-
cluded in this exception are Roman candles, bottle
rackets and sky rackets;
2. The city manager may, for the common good, approve
o Public display of fireyar" w.fhln the city. The public
display of fireworks must meet each of the fellow -
Ing requirements:
o, The group organizing the event and Igniting the
fireworks must obtain the city manager's specific
approval for the event;
b. The use, display, firing, Ignition, lighting and dis-
charge of the fireworks must be done In the Pres-
ence of on authorized representative of the city
fire department; and
C. The group(s) organizing the event and igniting
the fireworks must Indemnify and hold the city
harmless for any damage caused by the event
and provide an Insurance policy, with the city
named as an Insured, covering and protecting
the city from liability to the extent it Is not
immune by state law.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances In conflict with this
ordinance are hereby repealed to the extent of the con-
flict only.
SECTION THREE (3): SEVERABILITY
If any port or parts of this ordinance are deemed uncon.
stilullonal, Invalid or ineffective, the remaining Portion
shall not be affected but shall remain in full force and of.
fed.
SECTION FOUR (4): DECLARING AN EFFECTIVE
DATE
The provisions of this ordinance shall become effective
thirty (30) days from the date of final passage as Provid.
ed by state low.
SECTION FIVE is): CODIFICATION
The Chapter and Ordinances above shall be amended
and codified In Part 10, Chapter 3, Section 10 -304, In the
Owasso Code of Ordinances.
PASSED AND APPROVED this 18th day of April, 2017.
/s/ Lyndell Dunn, Mayor
ATTEST: /s/ Sherry Bishop, City Clerk
APPROVED AS TO FORM:
/sMulie Lombardi) City Attorney
Proof of Publication
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of
general circulation In Tulsa, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications as
provided in Section 106 or Title 25, Oklahoma Statutes 1971 and
1982 as amended, and thereafter, and complies with all other
requirements of the laws of Oklahoma with reference to legal
publications. That said notice, a true copy of which is attached
hereto was published in the regular edition of said newspaper
during the period and time of publication and not in a
supplement, on the DATE(S) LISTED BELOW
04/26/2017
Newspaper reference: 0000364139
• V V
Legal Represen ive
Sworn to and subscribed before me this date:
'/_ r)6 -,/O 17
r
�Publlc
My Commission expires: 1,2 ^e%f7 .20 /or
NOTARY PUBLIC -STATE OF OKLAHOMA
COMM. EXP, NANCY CAROL MOORE
Iz- os -26ta COMMISSION # 06011684
TULSA COUNTY
nTity Wit out Limits. lqppRO VFOeYC O
TO: The Honorable Mayor and City Council A% J � 2r7 (� "C'`
City of Owasso J)
FROM: Sherry Bishop
Assistant City Manager
SUBJECT: Ordinance 1102
Amending Requirements for the Public Display of Fireworks
DATE: April 14, 2017
BACKGROUND:
Proposed changes to the Code of Ordinances relating to the authority to approve a public
display of fireworks were presented and discussed at the City Council work sessions on March 14
and again on April 11, 2017.
The Owasso Code prohibits the sale, use, display, firing, igniting, lighting or discharge of fireworks
within the city. However, the Code authorizes the City Council to approve a fireworks display
with certain requirements. For many years, the City's Red, White and Boom! was the only
fireworks event in the community. In recent years, complications have arisen as other groups
have requested to sponsor fireworks events.
Occasionally, a request for Council approval of an event is not timely. Authorizing the city
manager to approve the fireworks display would alleviate this problem.
Strict compliance with the Code is difficult for these other events due to the current restrictive
language. The Code states that City Council may "approve and sponsor a public display of
fireworks within the city celebrating Independence Day." The City Council does not "sponsor"
events by other groups and sometimes those events are not to celebrate "Independence Day."
Another concern is the requirement that a fireworks display must be "open to the public, free of
charge." This becomes a problem when the fireworks display is on private property or may be in
conjunction with another event with a paid admission such as a football game. Certainly the
aerial display may be viewed by anyone, but the event is not "open to the public, free of
charge."
ORDINANCE 1102:
The attached ordinance would remove some restrictive language and authorize the city
manager to approve a public display of fireworks. None of the existing safety requirements for
the public display of fireworks would change.
The proposed changes would only affect the public display of fireworks. Nothing in this
ordinance would change the currently prohibited sale and use of fireworks.
The attached ordinance would amend the existing code relating to the public display of
fireworks as follows:
• Change "council' to "city manager" for authority to approve.
• Delete "sponsor" from "approve and sponsor."
• Delete "celebrating Independence Day."
• Delete 'open to the public, free of charge."
RECOMMENDATION:
Staff recommends approval of Ordinance 1102, amending the requirements for a public display
of fireworks.
ATTACHMENT:
Ordinance 1102