Includes 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.
Includes any natural person, association of persons, partnership,
corporation, agent or officer of a corporation, and shall also include
all warehousemen, common and private carriers, bailees, trustee, receivers,
executors and administrators.
(Ordinance 253 adopted 6/14/73)
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.
(Ordinance 253 adopted 6/14/73)
It shall not be unlawful, upon a permit issued by the city,
for any person engaged in any organized play, legitimate theatrical
performance, circus, or other show designated for the amusement and
edification of the general public to use, discharge, or cause to be
discharged and ignited fireworks as a part of any act, performance,
play or circus, so long as such person does not also engage in the
retailing, wholesaling, selling or distribution of any of such fireworks.
The fire chief shall cause to be made an investigation of each application
made hereunder to determine the use of such fireworks as proposed
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 for such permit.
(Ordinance 253 adopted 6/14/73)
It shall be lawful to transport ICC Class C Common Fireworks,
as defined in article 1725, Vernon's Annotated Texas Penal Code, by
motor vehicles which meet the interstate commerce commission requirements
for transporting ICC Class C Common Fireworks and equipped with at
least one ten pound fire extinguisher for extinguishing type B fires,
along and upon IH No. 10 within the city limits.
(Ordinance 253 adopted 6/14/73)
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.
(Ordinance 253 adopted 6/14/73)
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 marshal is 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 marshal 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 marshal,
or both, 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 marshal in the discharge
of his 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.
(Ordinance 253 adopted 6/14/73)
The fire marshal or any member of the police department of the
city is 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.
(Ordinance 253 adopted 6/14/73)
(a)
Any
person who shall manufacture, assemble, store, transport, receive,
keep, sell, offer for sale or have in his possession with intent so
sell any fireworks in violation of this article shall be fined two
hundred dollars ($200.00) for each offense. If the fireworks are separately
wrapped or packaged, the doing or omitting to do any act prohibited
by this article shall be a separate offense as to such separately
wrapped or separately packaged fireworks. Each day that a violation
of this article shall continue with respect to any package of fireworks
shall constitute a separate offense.
(b)
Any
person who shall use, discharge, cause to be discharged, ignite, detonate,
fire or otherwise set in action any fireworks in violation of this
article shall be fined not less than twenty-five dollars ($25.00)
nor more than two hundred dollars ($200.00). Any parent or guardian
of any minor child below the age of fourteen (14) who permits or allows
such minor child to use, discharge, ignite, detonate, fire or otherwise
set in action any fireworks in violation of this article shall be
fined not less than twenty-five dollars ($25.00) nor more than two
hundred dollars ($200.00).
(Ordinance 253 adopted 6/14/73)
The provisions of division 1 of this article shall not apply
to a public display of fireworks made under the terms and conditions
of this division and such a display shall be permitted, upon compliance
with the provisions of this division.
(Ordinance 253 adopted 6/14/73)
Any adult or any firm, copartnership, corporation or association
planning to make a public display of fireworks shall first make written
application for a permit to the city secretary at least fourteen (14)
days in advance of the date of the proposed display.
(Ordinance 253 adopted 6/14/73)
It shall be the duty of the fire marshal to make an investigation
as to whether the display as proposed by the applicant for a permit
under this division 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, recommend the approval or disapproval of
the application. Provided the other requirements of this article are
fulfilled the mayor shall authorize the city secretary to issue, or
deny the application for the public display. Any permit issued shall
be a period of time designated on the permit not to exceed fourteen
(14) days, and the permit shall not be transferable. In the event
the application is denied by the mayor he shall notify the applicant
of the denial in writing.
(Ordinance 253 adopted 6/14/73)
The applicant for a display permit under this division 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 city
attorney. 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 city attorney,
conditioned upon the applicants 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.
(Ordinance 253 adopted 6/14/73)
Any fireworks display authorized under this division shall be
limited to an aerial display. The range of aerial display shall not
be more than two hundred (200) feet and the fireworks shall be discharged
vertically from steel tubes.
(Ordinance 253 adopted 6/14/73)
The limit of a display authorized by this division shall be
not more than one performance.
(Ordinance 253 adopted 6/14/73)
The material to be used for public display authorized by the
division 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.
(Ordinance 253 adopted 6/14/73)
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 marshal.
(Ordinance 253 adopted 6/14/73)
The persons handling the display of fireworks under this division
shall be competent, adult persons and experienced pyrotechnic operators
approved by the fire marshal, and no person not approved shall handle
fireworks at the public display. The names of the experienced pyrotechnic
operations shall be designated on the permit issued.
(Ordinance 253 adopted 6/14/73)
For each public display of fireworks under this division, not
less than two (2) firemen of the city's volunteer fire department
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.
(Ordinance 253 adopted 6/14/73)
