Therefore, Be It Ordained by the Council of the City of Mcloud, Oklahoma

ORDINANCE NO. 2014-03

AN ORDINANCE AMENDING ARTICLE 5-4C-4 OF THE CODE OF THE CITY OF MCLOUD, MAKING FINDINGS OF FACT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

WHEREAS, a proposal has been presented to the City Council of the City of McLoud, Oklahoma to amend Article 5-4C-4 of the Codes of the City of McLoud, Oklahoma, and,

WHEREAS, the City Council has determined that such modification and amendment is necessary and in the best interest of the health and safety of the citizens of the City of McLoud,

THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MCLOUD, OKLAHOMA:

Section 1. Amendment.

Article 5-4C-4 is amended to read as follows:

5-4C-4 FIREWORKS REGULATED

A. NO CHANGE

B. Prohibitions: The purchase, sale or storage of fireworks within the corporate limits of the City is prohibited, except that the storage and sale of fireworks is allowed between the dates of June 15 and July 6 and between the dates of December 15 and January 2 within any district zoned commercial or agricultural, provided the person or entity storing and selling such fireworks has complied with the requirements of 68 O.S. §1621 et seq, demonstrates such compliance to the satisfaction of the City, and obtains a permit for such storage and sale from the City Clerk. The fee for such permit and the fee for public displays shall be as established by resolution of the City Council from time to time.

C. Public Displays:

(1)The Fire Marshal or Fire Chief, with the concurrence of the City Manager may designate a public area or areas for the supervised public discharge or display of fireworks by an organization or group of individuals.

(2)The Fire Marshal may adopt rules and regulations for granting and issuing permits for the supervised public display of fireworks. Persons or entities requesting a permit shall provide proof of insurance as required by 68 O.S. §1629.

(3)Permits may be granted and issued upon application to the City Clerk after the application is approved by the City Manager in consultation with the Fire Chief and Chief of Police and after the permit fee and application have been filed with the City Clerk.

(4)Every display shall be managed and supervised by an operator who shall provide proof of insurance as required by 68 O.S. §1629, and be approved by the Fire Marshal and the Chief of Police prior to the commencement of the display.

(5)Application shall be made in writing not less than 30 days prior to the date set for the display.

(6)Any fireworks which have not been discharged before the termination of the display shall be disposed of or stored in a safe manner approved by the Fire Marshal.

D. Discharge or firing:

(1)It is unlawful for any person, firm, or corporation to set off or detonate any fireworks of an explosive nature or noise-emitting type, nature or description within the corporate limits of the city except as authorized by the City Code

(2)Persons within the corporate limits may use or otherwise discharge Class C fireworks only from 12:00 a.m. to 12:30 a.m. on January 1, from 10:00 a.m. to 11:00 p.m. on July 3, 4, and 5, and from 11:30 p.m. to 11:59 p.m. on December 31, provided that the following conditions are met:

(a)Such fireworks must be discharged on a non-combustible surface of sufficient size to contain the entire ground portion of the display and not closer than 25 feet from any permanent structure; and

(b)An adult person over the age of 18 shall obtain a permit from the city at a cost set forth by resolution by the governing body, said permit identifying the adult in charge of this use by name and address, and also identifying the proposed location on the permit holder’s property. Applications for said permits shall be made available during normal business hours from the city and separate permits shall be required for the use and discharge of fireworks during the dates surrounding the 4th of July and the time frame surrounding New Year’s Eve; and

(c)The adult permit holder in charge of the use must be present for any household member to use the fireworks and within 100 feet of the point of display, and have the permit posted in a place of prominence or available for inspection during the discharge of the fireworks by any law enforcement officer. The permit holder is further responsible for cleaning up any debris caused by any person discharging fireworks under the holder permit; and

(d)Private persons may not use or discharge fireworks on any public street, public easement, or public property unless approved by the city; and

(e)In the event that the display of fireworks is open to the public, or more than 25 individuals are present during the discharge of fireworks then the gathering shall be considered a Public Discharge and must get approval from the city in addition to obtaining a permit as required by the City Code; and

(f)In the event that the State, County or City issues a red flag fire alert or burn ban for the area encompassing the City and/or the City Manager, upon the advice of the Fire Chief determines that the city is in fire danger due to the weather conditions, the City Manager may declare the use of fireworks to be illegal and all fireworks permits to be void, without refund during the emergency period

Section 2. Severability.

If any one or more of the sections, sentences, clauses or part of this ordinance, chapter or section shall for any reason be held invalid, the invalidity of such section, clause or part shall not affect or prejudice in any way the applicability and validity of any other provision of this ordinance. It is hereby declared to be the intention of the City Council of the City of McLoud that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.

Section 3. Emergency Clause.

It being immediately necessary for the preservation of public health, peace, and safety, an emergency is herby declared to exist, by reason whereof this Ordinance shall take effect and be in full force from and after its passage and approval.

PASSED AND APPROVED and the emergency clause voted on separately this 24th day of April 2014.

Attest: ______

A. Kay Heinz, City Clerk Phil Solinger, Mayor