Twin cities' laws forbid shooting fireworks in town

A blast of bright fireworks lights up the sky at the closing of the Sparks in the Park celebration Saturday, June 25, 2016 at the Four States Fairgrounds in Texarkana, Ark. Those attending enjoyed a variety of activities before dark and the spectacular fireworks display honoring our nation's independence.
A blast of bright fireworks lights up the sky at the closing of the Sparks in the Park celebration Saturday, June 25, 2016 at the Four States Fairgrounds in Texarkana, Ark. Those attending enjoyed a variety of activities before dark and the spectacular fireworks display honoring our nation's independence.

No matter what holiday you're celebrating and no matter what side of the city you're on, both Texarkanas have ordinances against discharging fireworks.

"Fireworks are not permitted within the city," said Cpl. Kristi Bennett, Arkansas-side police spokeswoman. "They are a violation of the city ordinance."

In 1997, Texarkana, Ark., adopted the state fire code, including future amendments or revisions covering fireworks beginning in section 7 of chapter 9 in the city's Code of Ordinances.

Regarding fire prevention and protection, section 7 states that one cannot "display for retail sale, offer for retail sale, sell at retail or give away or discharge any fireworks of any kind or character whatsoever within the limits of this city (Texarkana, Ark.)"

The ordinance goes on to state that "provided, fireworks may be sold wholesale to merchants and stores outside the city limits" and "fireworks displays may be allowed upon approval by the fire marshal."

This means that the ever-popular Sparks in the Park fireworks show enjoyed each year at Four States Fairground is only made possible with the go-ahead from the state fire marshal.

"They are illegal inside our city limits," said Shawn Vaughn, Texarkana, Texas, police spokesman of the Texas-side of the city. "Anything outside, we would not worry about."

Chapter 28, section 7 of the Texarkana, Texas, Code of Ordinances labeled as a section that discusses the prohibition for sale, use and possession of fireworks as well as exceptions to the rule and permits for supervised displays.

This outlines the Texas-side city's stance on fireworks, which they define as a composition or device that is "designated for entertainment to produce a visible or audible effect by combustion, explosion, deflagration or detonation."

The section also moves forward to explain fireworks 1.3G, as "large fireworks device(s),"and fireworks 1.4 g as "small displays." Firework prohibition and exceptions to their prohibition-much like how Sparks in The Park on Arkansas-side is an exception to the rule-was discussed farther down section 28, beginning at 28-7 (b):

"(b)

Fireworks prohibited generally. It shall be unlawful for any person to give away, sell, offer or expose for sale, or have in possession with intent to give away, sell or to use, discharge or cause to be discharged, ignited, fired, or otherwise set in action, or to possess with the intent to discharge or cause to be discharged, ignited, fired or otherwise set in action within rockets, torpedoes, Roman candles, fire balloons or other fireworks or substances of any combination whatsoever designed or intended for pyrotechnic display, except as hereinafter provided.

(c)

Exceptions from prohibition.

(1)

Subsection (b) of this section shall not apply to hand-held sparklers nor to the sale of any fireworks articles by wholesalers to each other, or to the sale of any such articles at wholesale to merchants conducting business entirely outside the city limits, or to the sale by wholesalers for private or public demonstrations as hereinafter provided, or to the storage of any such articles by such wholesalers for any of such purposes, or to the sale, storage or use of flashlight composition by photographers or dealers in photographic supplies, or to the sale, storage or use of blank cartridges for theatrical purposes or for signal purposes in athletic contests or sports events, or by any police organization or federal or state militia.

(2)

Subsection (b) of this section shall not apply to a public retail fireworks business in existence at the time the location of the business is annexed, provided the business acquires a permit from the office of the fire marshal within 90 days from the date of annexation.

a.

The permit to operate a public retail fireworks business shall expire three years from the date of issuance.

b.

The public retail fireworks business shall be exempt from any and all other building, plumbing, and fire code provisions of this Code for the life of the permit.

(d)

Supervised displays; permit required; contents of application. The chief is authorized to issue a local permit for the public display of fireworks upon the submission by a sponsor to the chief of a written application for such permit. An application requesting a local permit for a fireworks 1.4G public display must be submitted at least three working days in advance of the day of the proposed display. An application requesting a local permit for a fireworks 1.3G public display must be submitted at least ten working days in advance of the day of the proposed display."

An application for a local permit for either type of fireworks display should also be included with the name of the organizer, time and date of display, exact location, and more.

To look up these city ordinances regarding fireworks, go to municode.com/library and search for your city and state.

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