As used this article:
Fireworks.
Any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and such term shall include all articles or substances within the commonly accepted meaning of fireworks, whether herein specially designated and defined or not.
Person.
Any natural person, association of persons, partnership, corporation, or agent or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators.
(2002 Code, sec. 5.301)
Except as otherwise specifically provided in this article, it shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, sell, offer or have in his possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description.
(2002 Code, sec. 5.302)
It shall be lawful to transport Interstate Commerce Commission class C common fireworks, as defined in V.T.C.A., Occupations Code, chapter 2154, by motor vehicles which meet the Interstate Commerce Commission requirement for transporting Interstate Commerce Commission class C common fireworks and equipped with at least one (1) ten-pound fire extinguisher for extinguishing type B fires, along and upon state and federally numbered highways within the city. It shall further be lawful for bona fide fireworks dealers to transport Interstate Commerce Commission class C common fireworks, as defined in V.T.C.A., Occupations Code, chapter 2154, along and upon state and federally numbered highways within the city.
(2002 Code, sec. 5.303)
This article shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroads, which signal flares and torpedoes are received by and stored or transported by any railroad for use in railroad operation; nor shall this article apply to any marine signal flare or rocket of the type and kind commonly carried by a vessel at sea for its own use and which signal flare or rocket is transported or received or stored for use only as ship’s stores; nor shall this article apply to signal flares or rockets for military or police use; nor shall this article apply to starter’s blanks and pistols used in athletic events.
(2002 Code, sec. 5.304)
Toy paper pistol caps which contain less than twenty-five one-hundredths (25/100) grain of explosive compounds shall not be affected by this article, and the sale and use is permitted at all times.
(2002 Code, sec. 5.305)
The presence of any fireworks within the jurisdiction of the city in violation of this article is hereby declared to be a common and public nuisance. The fire chief, fire marshal, police chief or their designated representatives are directed and required to seize and cause to be safely destroyed any fireworks found in violation of this article, and any member of the fire prevention division of the fire department or any police officer of the city or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being transported illegally or to close any building where any fireworks are found stored illegally until the fire chief, fire marshal, police chief or their designated representatives can be notified in order that such fireworks may be seized and destroyed in accordance with the terms of this section. Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city or the fire chief, fire marshal, police chief or their designated representatives for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the city, and to aid the fire chief, fire marshal, police chief or their designated representatives in the discharge of their duties, and to particularly prevent any person from interfering with the seizure and destruction of such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction.
(2002 Code, sec. 5.306)
This article shall also be applicable and in force within the area immediately adjacent and contiguous to the city limits and extending for a distance outside of the city limits for a total of five thousand (5,000) feet, and it shall be unlawful to do or perform any act in violation of this article within such area of five thousand (5,000) feet outside the city limits; provided that this article shall not apply within any portion of such five-thousand-foot area which is contained within the territory of any other municipal corporation.
(2002 Code, sec. 5.307)
The fire chief, fire marshal, police chief or their designated representatives are hereby authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks, but such authority does not include the right to enter a private dwelling or apartment.
(2002 Code, sec. 5.308)
The provisions of this article shall not apply to a public display of fireworks made under the terms and conditions of this article, and such a display shall be permitted upon compliance with the provisions of this article.
(2002 Code, sec. 5.309)
Any adult person or any firm, co-partnership, corporation or association planning to make a public display of fireworks shall first make written application for a permit to the fire chief, fire marshal, police chief or their designated representatives at least twenty-four (24) hours in advance of the date of the proposed display. No city permit shall be issued until a permit issued for said purposes has been issued by the state.
(2002 Code, sec. 5.310)
It shall be the duty of the fire chief, fire marshal, police chief or their designated representatives to make an investigation as to whether the display as proposed by the applicant for a permit under this article shall be of such a character that it may be hazardous to property or dangerous to any person; and he shall, in the exercise of reasonable discretion, grant or deny the application subject to the conditions prescribed in this article. In the event the application is approved, a permit shall be issued for the public display by the fire chief, fire marshal, police chief or their designated representatives. Such permit shall be for a period of time designated on the permit, but shall not exceed fourteen (14) days, and the permit shall not be transferable. In the event that the application is denied by the fire chief, fire marshal, police chief or their designated representatives, they shall notify the applicant of the denial in writing.
(2002 Code, sec. 5.311)
The applicant for a display permit under this article shall, at the time of making application, furnish proof that he carries compensation insurance for his employees as provided by the laws of the state, and he shall file with the city secretary a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than one hundred thousand dollars ($100,000.00) issued by an insurance carrier authorized to transact business in the state, for the benefit of the person named therein as assured, as evidence of ability to respond in damages in at least the amount of one hundred thousand dollars ($100,000.00), such policy to be approved by the fire chief, fire marshal, police chief or their designated representatives. In lieu of insurance, the applicant may file with the city secretary a bond in the amount of one hundred thousand dollars ($100,000.00) issued by an authorized surety company approved by the fire chief, fire marshal, police chief or their designated representatives, conditioned upon the applicant’s payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks or any negligence on the part of the applicant or his agents, servants, employees or subcontractors in the presentation of the public display. The city shall also be designated as an insured by the insurance policy and bonded by the bond.
(2002 Code, sec. 5.312; Ordinance adopting Code)
The material to be used for a public display authorized by this article shall not be stored within the city limits, but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage.
(2002 Code, sec. 5.314)
No public display of fireworks shall be of such a character and so located, discharged or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the fire chief, fire marshal, police chief or their designated representatives.
(2002 Code, sec. 5.315)
The persons handling the display of fireworks under this article shall be competent, adult persons and experienced pyrotechnic operators approved by the fire chief, fire marshal, police chief or their designated representatives, and no person not approved by the fire chief, fire marshal, police chief or their designated representatives shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued.
(2002 Code, sec. 5.316)
For each public display of fireworks under this article, not less than two (2) firemen of the city shall be in attendance during the display. The expense of such firemen at the display shall be borne by the applicant for the permit, and shall be paid in advance at the time of the application for the permit.
(2002 Code, sec. 5.317)