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HomeMy WebLinkAbout354_Amend Sec 10-304_Prohibition on the sale, use, and display to Fireworks502111 ORDINANCE NO. 354 AN ORDINANCE AMENDING SECTION 10 -304 REGARDING THE PROHIBITIONS ON THE SALE, USE AND DISPLAY OF FIREWORKS WITHIN THE CITY; EXCEPTIONS; REPEALER; AND DECLARING THE PRESENCE OF AN EMERGENCY. BOOK 4957 PAGE 1002 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OWASSO that Section 10 -304 of the Code of the Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: (a) Acts prohibited. 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) Exceptions. (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 council may, for the common good, approve and sponsor a public display of fireworks within the city celebrating Independence Day. The public display of fireworks must meet each of the following requirements: (A) The group(s) organizing the event and igniting the fireworks must obtain the City council's specific approval for the event; -1- BOOK 4957 PAGE 1003 (B) The event must be open to the public, free of charge; (C) 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; (D) 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. (c) Ordinances repealed. Former City Ordinance 10 -304 is repealed and all other ordinances and parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent to which they conflict with this ordinance. (d) Emergency. This ordinance is passed as an emergency measure, and the council does, by the vote by which this ordinance is passed, declare that an emergency exists, which makes it imperative that this ordinance become effective immediately in order that the public health, welfare and safety might most effectively be provided for. Adopted this 1st day of June, 1986. KENNETH M. WOOD, Mayor -2- BOOK 4957 PAGE 1004 JANE BUCHANAN, City Clerk APPROVED AS TO FORM: City Attorney STATE OF OKLAHOMA TULSA COUNTY filed or recorded 1986 JUL 23 am 8:34 JOAN HASTINGS TULSA COUNTY CLERK Affidavit Of Publication BOOK4957 PAGE 1005 STATE OF OKLAHOMA, TULSA COUNTY, as: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter a weekly newspaper printed in the City of Tulsa Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 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 following dates: July 10, 1986 Notary Public PUBiBHER'SFEE $42.05 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, July 10,1986. ORDINANCE NO. 354 AN ORDINANCE AMENDING SECTION 10-304 REGARDING THE PROHIBITIONS ON THE SALE, USE AND DISPLAY OF FIREWORKS WITHIN THE CITY; EXCEPTIONS; REPEALER; AND DECLARING THE - PRESENCE OF AN EMERGENCY. NOW, THEREFORE, BE IT OR- DAINED BY THE COUNCIL OF THE CITY OF OWASSO that Section lo-304 of the Code of the Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows: (a) Acts prohibited. 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) Exceptions. (1) The firing, igniting or lighting of the following are exempt from the prohibition contained in subsection (a) of this sec- tion: sparklers, fountains, pinwheels and all such types of fireworks that are not explosive or noise making in character and are stationery. Not included in this exception are Roman candles, bottle rockets and sky rockets. (2) The City council may, for the common good, approve and sponsor a Public display of fireworks within the city celebrating Independence Day. The Public display of. fireworks must meet each of the following requirements: (A) The group(s) organizing the event and igniting the fireworks must obtain the City council's specific approval for the event; (B) The event must be open to the public, free of charge; (C) 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; (D) The group(s) organizing the event and igniting the fireworks must indem- nify 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. (c) Ordinances repealed. Former City Ordinance 10-304 is repealed and all other ordinances and parts of ordinances in conflict with the provisions .of this ordi- nance are repealed to the extent to which they conflict with this ordinance. (d) Emergency. This ordinance is Passed as an emergency measure, and the council does, by [he vote by which this ordinance is passed, declare that an emergency exists, which makes it im- perative that this ordinance become ef- fective immediately in order that the public health, welfare and safety might most effectively be provided for. Adopted this 1st day of July, 1986. /s /KENNETH M. WOOD /s /JANEBUCHANAN Mayor City Clerk (SEAL) APPROVED AS TO FORM: /s /J. Douglas Mann City Attorney NN62